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STATE v. AMERICAN FAMILY VOICES, INC.

No. 31S00-0803-CV-139.

898 N.E.2d 293 (2008)

STATE of Indiana, Appellant (Plaintiff below), v. AMERICAN FAMILY VOICES, INC., Jim Gonzalez, and John Does 2-10, Appellees (Defendants below).

Supreme Court of Indiana.

December 23, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Solicitor General of Indiana, Julie A. Brubaker, Heather L. Hagan, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellant.

Anthony W. Overholt, Maggie Smith, Indianapolis, IN, Attorneys for Appellee American Family Voices, Inc.

Edward O. DeLaney, Craig M. Blanchet, Indianapolis, IN, Attorneys for Appellee Jim Gonzalez.

James Bopp, Jr., Anita Y. Woudenberg, Terre Haute, IN, Attorneys for Amici Curiae The Indiana Democratic State Central Committee and The Indiana Republican State Central Committee.

On Petition to Transfer Pursuant to Appellate Rule 56(A)

SULLIVAN, Justice.

In this case, the State Attorney General attempts to enforce the Indiana Autodialer Law against telemarketers who used autodialers to send pre-recorded messages to Indiana residents. The trial court dismissed the complaint pursuant to Ind. Trial Rule 12(B)(6) because there was no allegation that the telemarketers were making consumer transaction calls with commercial messages. We...

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