On May 13, Indiana Governor Mitch Daniels (R) signed House Bill 1273, an Act to amend the Indiana Code concerning trade regulation. Among the many amendments contained in the bill, the Act amended the Do Not Call provisions enacted in connection with the National Do Not Call List to include phone calls places to mobile telecommunications services, VoIP subscribers, and prepaid wireless calling services. Effective immediately, the law allows Indiana residents to register any wireless or VOIP telephone number associated with their residential addresses or a prepaid wireless number that is used primarily in Indiana. The definition of a “telephone sales call” was broadened to include text messages sent to a wireless phone number and thus prohibits the sending of solicitations by text to numbers that are on the Do Not Call list. Violators of the law are subject to the same penalties, including fines up to ten thousand dollars ($10,000) for the first violation and twenty-five thousand dollars ($25,000) for subsequent violations, as those who call a registered landline.
In addition the Do Not Call provisions, the Act also made other consumer protection changes including, for example, clarifying that a violation of the federal Fair Debt Collection Practices Act as well as other state consumer protection statutes constitutes a violation of the state provision on deceptive consumer sales and requiring that specific information is collected and stored about residential mortgage and real estate transactions.