With limited exceptions, Indiana law prohibits using an autodialer to disseminate prerecorded messages unless a live operator introduces the call and obtains the call recipient’s consent to play the message. Notably, the law applies to calls made for non-solicitation purposes such as debt collection, charitable fundraising and political campaigning.

In 2006, Indiana filed a lawsuit against FreeEats.com, Inc. (FreeEats) and Economic Freedom Fund (EFF) alleging violations of the state’s autodialer law stemming from prerecorded political messages sent by FreeEats on behalf of EFF. FreeEats countered by arguing that the law violates the First Amendment of the United States Constitution and the Indiana Constitution because it unduly restricts political speech. Accordingly, FreeEats filed a motion for preliminary injunction to prevent the state from enforcing the law. The trial court ultimately held that, although FreeEats was unlikely to succeed on its First Amendment claim, it was likely to prevail on its clam that the law violates the Indiana Constitution; therefore, it granted FreeEats’ motion for preliminary injunction.

On December 29, 2011, the Indiana Supreme Court (in a 4-1 decision) overruled the injunction by holding that FreeEats did not have a reasonable likelihood of success on its Indiana Constitutional claim because the live operator requirement does not impose a substantial obstacle on FreeEats’ right to engage in political speech. The decision is significant because it poses a significant obstacle to future claims that Indiana’s autodialer law is unconstitutional.