Ind. Robocall Ban Not Preempted By Federal Law: 7th Circ.

Law360, Los Angeles (November 21, 2013, 10:23 PM EST) -- A Seventh Circuit panel on Thursday ruled that a federal law regulating automated telephone calls, or robocalls, did not preempt state robocall bans, ordering a lower court to determine whether a not-for-profit’s challenge to an Indiana law could alternatively survive on First Amendment grounds.

The panel overturned a district court ruling that the federal Telephone Consumer Protection Act preempted Indiana’s ban on political robocalls. Illinois-based Patriotic Veterans Inc. had sought to prevent Indiana from applying the law, arguing that it was preempted by TCPA and that...
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