Indiana's telephone solicitation laws extend beyond traditional voice calls. The state recognizes certain marketing text messages, multimedia communications, and messages delivered through internet-based services as telephone sales calls.
This means eligible wireless numbers registered on Indiana's Do Not Call list can receive protection against covered unsolicited marketing texts.
How Indiana Regulates Marketing Text Messages
Indiana Code 24-4.7 defines telephone sales calls broadly enough to include several electronic communication formats.
The law covers certain messages sent to encourage the purchase of consumer goods or services.
These communications may include SMS messages, multimedia messages, images, and other digital content delivered to wireless numbers.
The purpose of the communication matters more than whether a salesperson speaks directly with the recipient.
For example, a business sending an unsolicited promotional text to a registered number may violate Indiana's Do Not Call restrictions if no exception applies.
Does the Indiana Do Not Call Registry Cover Cell Phones?
Yes. Indiana residents can register eligible wireless telephone numbers through the state's Do Not Call program.
The state also permits registration of home and qualifying internet-based telephone numbers.
Once the number appears on the applicable quarterly list, covered telemarketers must respect the restrictions.
This protection can be useful for consumers who receive repeated promotional texts from unfamiliar businesses.
However, registration does not prohibit every text message.
Messages outside the statutory definition or covered by an applicable exemption may be permitted.
Understanding SMS, MMS, and Internet-Based Messages
Marketing communications can arrive through different technologies.
SMS messages usually contain text, while MMS communications can include photographs, graphics, and other media.
Indiana's statutory definition also addresses certain messages sent through internet-based communication services.
This means a marketing communication does not necessarily escape the law simply because it uses a messaging service instead of a traditional voice call.
The legal question is whether the communication falls within the statute's definition and satisfies the other requirements for a violation.
Did You Know? Text Messages Can Trigger Do Not Call Complaints
A consumer does not always need to receive a voice call to report a possible Indiana telephone solicitation violation.
The Attorney General's telephone privacy guidance confirms that covered marketing texts to registered wireless numbers can violate the state's Do Not Call rules.
Consider a resident who registers a mobile number and later receives repeated unsolicited advertisements after the applicable quarterly update.
Those messages may warrant a complaint.
Screenshots can help establish the message content, sender information, and date received.
How Federal Law May Apply to Unwanted Texts
The federal Telephone Consumer Protection Act can also regulate certain automated marketing texts.
Federal liability depends on the technology used, the nature of the communication, consent, and other legal requirements.
A marketing text does not automatically violate the TCPA simply because the recipient dislikes it.
However, qualifying violations may support private statutory damages.
Federal remedies can include $500 per violation, with possible increases for willful or knowing conduct.
Consumers should preserve messages before blocking or deleting the sender.
Common Questions Around Indiana Spam Text Laws
Does Indiana's Do Not Call list cover marketing texts?
Yes. Covered marketing texts are included in the state's telephone sales call definition.
Can I register a wireless number?
Yes. Indiana permits eligible wireless numbers to be registered.
Are all business text messages illegal?
No. The message's purpose, consent, and statutory exceptions matter.
Where can I report suspicious marketing texts?
Consumers can submit telephone privacy complaints to the Indiana Attorney General.
