Sec. 1. This article does not apply to any of the following:

(1) A telephone call made in response to an express request of the person called.

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Terms Used In Indiana Code 24-4.7-1-1

  • Contract: A legal written agreement that becomes binding when signed.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) A telephone call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call.

(3) A telephone call made on behalf of a charitable organization that is exempt from federal income taxation under Section 501 of the Internal Revenue Code, but only if all of the following apply:

(A) The telephone call is made by a volunteer or an employee of the charitable organization.

(B) The telephone solicitor who makes the telephone call immediately discloses all of the following information upon making contact with the consumer:

(i) The solicitor’s true first and last name.

(ii) The name, address, and telephone number of the charitable organization.

(4) A telephone call made by an individual licensed under IC 25-34.1 if:

(A) the sale of goods or services is not completed; and

(B) the payment or authorization of payment is not required;

until after a face to face sales presentation by the seller.

(5) A telephone call made by an individual licensed under IC 27-1-15.6 or IC 27-1-15.8 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3).

(6) A telephone call soliciting the sale of a newspaper of general circulation, but only if the telephone call is made by a volunteer or an employee of the newspaper.

(7) Any telephone call made to a consumer by a communications service provider (as defined in IC 8-1-32.5-4) that:

(A) offers broadband Internet service; and

(B) has an established business relationship (as defined in 47 C.F.R. § 64.1200) with the consumer.

(8) Any telephone call made to a consumer by:

(A) a financial institution organized or reorganized under the laws of any state or the United States; or

(B) a person licensed by the department of financial institutions under IC 24-4.4, IC 24-4.5, or 750 IAC 9;

that has an established business relationship (as defined in 47 C.F.R. § 64.1200) with the consumer.

As added by P.L.189-2001, SEC.1. Amended by P.L.97-2004, SEC.90; P.L.242-2019, SEC.1.

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