Do Not Call list may be in jeopardy

INDIANAPOLIS (WISH) - Two million Hoosiers have placed their telephone numbers on the state’s Do Not Call list – but that protection from unsolicited calls may be in jeopardy.

State Attorney General Greg Zoeller said the law – which two thirds of Hoosiers have opted to take advantage of is now under assault. Under a measure being considered in a U.S. House subcommittee, Hoosiers would lose their right to join a list of those who disallow solicitors from calling their home and cell phones.

"The House Resolution 3035 would amend the communications act and allow for robo-calling to all of your cell phones, leaving consumers to foot the bill for the extra minutes," Zoeller said.

That's because the federal measure would trump the state's Do Not Call law. Zoeller said he plans a trip to Washington, D.C., to testify against the measure under consideration in Congress.

"I think it's enough of a threat that I'm going to make the trip out there," he said.

The resolution, known as the Mobile Informational Call Act of 2011, was introduced by Rep. Lee Terry (R-Nevada), Edolphus Towns (D-New York), and Jim Matheson (D-Utah).

Asked if he was concerned about the fact the House measure has support of representatives on both sides of the aisle, Zoeller conceded he is very concerned.

Indiana's Do Not Call list faces assault from other fronts as well.

Patriotic Veterans, an illinois-based group, sued indiana in federal court and won. The group's president, Paul Caprio, said Indiana's law is a violation of his group's right to free speech.

Caprio argues the group has a right to make robo-calls on behalf of veterans, and he believes a phone call is a minor inconvenience.

"That minor inconvenience is not to interfere with our first amendment rights. Our rights trump that so-called inconvenience," Caprio said.

A judge agreed, giving political groups outside the state the right to robo-call Hoosiers.

An advertising firm, freeeats.com, also sued the state. Brown Circuit Court judge Kenneth Todd ruled that parts of Indiana's Do Not Call law "would burden the political speech in question."

He granted the group a partial victory last summer. Now the state Supreme Court is considering the case. Justices heard the case in January, and a decision is expected soon.

In the meantime, Zoeller is appealing the federal ruling, and he will travel to Washington Friday to testify against House Resolution 3035.

Anyone who doesn’t want robo-callers to have access to their cell phone, Zoeller said, should contact their congressional representative. To find contact information for your representative, click here . For senator contact information, click here .