The constitutionality of Indiana’s new telemarketing do-not-call law is being challenged by the Professional Fire Fighters Union of Indiana.
The 6,000-member union alleged that the law would crimp its ability to raise money over the telephone. The law takes effect Jan. 1.
The suit contends that the law is unconstitutional because it allows anyone to be placed on the list, which is maintained by the consumer affairs division of the attorney general’s office, but does not include provisions for people to remove their names from that list. The papers were filed Tuesday in Marion County Superior Court, Indianapolis.
So far more than 782,200 Indiana residents have placed their names and telephone numbers on the state’s do-not call list which telemarketers are required to purchase from the state, Attorney General Steve Carter reported. Noting that telemarketers face fines of up to $25,000 for calling people on the do-not-call list, he said steps would be taken to remove old telephone numbers from the quarterly updated list.
Carter, saying he was disappointed that the union would challenge the privacy protection that so many people in the state said they wanted, stated that the law “provides a reasonable protection” of both the rights of consumers and telemarketers operating in the state. “It should actually help telemarketers operate since they will be calling only those people who wish to be solicited over the phone,” he added.
The law amending the state’s code relating to consumer sales and credit was adopted in early summer and signed into law by Gov. Frank O’Bannon in July.
The union also contends that the exemptions for insurance agents, newspapers and nonprofit groups using their own employees for telemarketing calls discriminates against nonprofit group that hire telemarketing companies to aid in telephone fundraising campaigns.
The union has used the Calgary, Canada-based telemarketing firm of Xentel DM, to raise funds. Last year the firm raised roughly $40,000 for the union through telemarketing calls according to Union President Tom Miller.
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