Indiana keeps its own Do Not Call list, applies it to text messages, and lets the attorney general seek up to $25,000 for each call after the first. Its exemptions are narrow: a general business relationship doesn’t excuse a call to a listed number. But the statute leaves out something most state laws include. A consumer can’t sue for damages under Indiana’s telemarketing statutes, so private claims against callers into Indiana are almost always federal TCPA claims.
Does Indiana’s Do Not Call law cover text messages?
Yes. Indiana’s statute defines a “telephone sales call” to include automated and recorded calls and the transmission of a text, image, or multimedia message to a phone number. IC 24-4.7-2-9 lists “a text message” by name and covers messages sent by SMS, MMS, or “over-the-top (OTT) messaging.” The text language was added in 2024.
That settles a question that’s still open under federal law. Courts disagree about whether a text is a call for a federal Do Not Call claim. Under Indiana law, a marketing text to a number on the state list is treated the same as a sales call.
The core rule is short. Under IC 24-4.7-4-1, a telephone solicitor “may not make or cause to be made a telephone sales call to a telephone number if that telephone number appears in the most current quarterly listing published by the division.” The listing is kept by the consumer protection division of the attorney general’s office, separate from the national registry. A business needs to scrub against both.
What calls are exempt in Indiana?
Fewer than most businesses expect. IC 24-4.7-1-1 exempts a call “made in response to an express request of the person called” and a call made “primarily in connection with an existing debt or contract” that hasn’t been completed. It also exempts some charity calls made by the charity’s own staff, licensed real estate brokers whose sale happens face to face, licensed insurance producers, and newspaper subscription calls by the paper’s own staff.
The list doesn’t include a general exemption for existing customers. Only two kinds of businesses get one: broadband providers and certain financial institutions and lenders, and only when they have an established business relationship with the consumer as federal rules define it. A retailer or home-services company calling a past customer whose number is on the Indiana list has no business relationship defense under the state statute.
That gap is the most common way national callers get caught. Many compliance programs are built around the federal established business relationship, which lets a business call recent customers even when they’re on the national registry. Indiana’s statute doesn’t follow it, so customer lists for Indiana numbers should be scrubbed against the state list unless the call fits one of the listed exemptions.
What does Indiana’s autodialer law require?
Consent or a live operator before a recorded message. A separate chapter, IC 24-5-14, governs an “automatic dialing-announcing device,” meaning equipment that dials numbers and plays a prerecorded or synthesized voice message. Under section 5, a caller can’t use one unless “the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message,” or a live operator gets the subscriber’s consent before the message plays.
The chapter exempts messages to subscribers with whom the caller has a current business or personal relationship, school messages, and work schedule notices. For sales messages, it adds a calling window. A recorded commercial solicitation can’t reach a subscriber “before 9 a.m. or after 8 p.m.,” the statute provides. That’s an hour narrower in the evening than the federal Do Not Call window.
AI-voice calls fit here too. The definition covers a “prerecorded or synthesized voice message,” so a voice agent that plays generated speech should be treated as a recorded message for Indiana purposes.
Can a consumer sue under Indiana’s telemarketing laws?
Not for damages. Indiana’s general consumer protection statute gives private plaintiffs $500 or actual damages for a deceptive act, but IC 24-5-0.5-4 states: “This subsection also does not apply to a violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5.” Both the Do Not Call article and the autodialer chapter are on that list.
The enforcement power sits with the attorney general. IC 24-4.7-5-1 makes a violation “a deceptive act that is actionable by the attorney general,” and the penalties are steep: up to $10,000 for the first violation and $25,000 for each one after, with each call to a listed number counted separately. The autodialer chapter has the same penalty scale. A private person can ask a court only for an injunction against further violations under section 9 of that chapter.
This is good news for defendants, but it doesn’t end the exposure. A plaintiff who received calls in Indiana will sue under the federal TCPA, where damages are $500 per violation and up to $1,500 if the violation was willful or knowing under 47 U.S.C. § 227. An Indiana violation can still show up in that case as evidence that the calls were willful.
| Rule | Indiana statute | Who can sue | Where the defense starts |
|---|---|---|---|
| State Do Not Call list | IC 24-4.7-4-1, covering calls and texts | Attorney general, up to $25,000 per call after the first | Scrub records and the listing version used |
| Prerecorded or synthesized messages | IC 24-5-14-5, consent or live operator required | Attorney general, or an injunction by a private person | Consent records and message logs |
| Calling hours for recorded sales messages | IC 24-5-14-8, 9 a.m. to 8 p.m. | Attorney general | Dialer settings and call timestamps |
| Federal claims on the same calls | 47 U.S.C. § 227 | Private plaintiffs, $500 per violation | Federal consent and exemption records |
Who else can be liable for calls into Indiana?
Lead sellers, call centers, and the people who control them. The statute reaches a person that “controls, directly or indirectly” a company that calls Indiana consumers, wherever it’s located. It bars transferring a live call to another business if the call was placed in violation of the law, and IC 24-4.7-4-7 bars giving “substantial assistance or support” to a caller while knowing or consciously avoiding knowing that it is breaking the law.
There’s a defense for controlling companies. Under section 5-2(c) of the article, a person that controls a violator isn’t liable for the civil penalty if it proves it didn’t know of the violation and couldn’t have known with reasonable care. Contract terms, audits of call centers, and fast responses to complaints are what prove that. The earlier post on personal liability for owners and officers covers the federal side of the same question, and more about the firm’s work is on its page for its TCPA defense practice.
What to collect when an Indiana claim arrives
- Hold the call and text logs, dialer settings, recorded or synthesized message files, and consent records for each Indiana number.
- Export the internal do-not-call entries and stop requests for those numbers, with their dates.
- Pull the scrub records and version dates for the national registry and the Indiana quarterly listing.
- Gather lead purchase and call-transfer agreements, call center contracts, and the scripts used on Indiana calls.
- Talk to a lawyer before responding to the demand, an attorney general inquiry, or the consumer.
Questions about Indiana telemarketing law
Does Indiana require a written contract for telephone sales?
Often. A contract made through a telephone sales call isn’t enforceable against the consumer unless it’s in writing and signed by the consumer, with a bold notice that the consumer doesn’t have to pay unless they sign and return it. There are exceptions, including sales with a seven-day cancellation right and no prepayment, and contracts that allow at least ten days to cancel for a full refund.
Can an insurance agent call Indiana numbers on the state list?
A licensed insurance producer soliciting an application or negotiating a policy for an insurer is exempt from the Do Not Call article. The exemption covers the licensed individual’s calls, so an unlicensed call center generating insurance leads should not assume it applies. The federal rules still apply to the agent. The earlier post on insurance agency telemarketing covers that side.
Do Indiana’s rules apply to a company outside Indiana?
Yes. The statute applies to anyone making or causing telephone sales calls to consumers located in Indiana, from inside or outside the state. A consumer includes someone with an Indiana phone number or a place of primary use in Indiana, so area code alone isn’t a reliable way to find every Indiana number.
What must a telemarketer say at the start of an Indiana call?
Right away, the caller must give their true first and last name, the business the call is for, and the company that employs them or hired them. A live operator who comes on before a recorded message must also state the purpose of the message and what it’s promoting, and say if the call is seeking payment.
If your company is accused of calling Indiana numbers
If your company is accused of calling or texting numbers on Indiana’s Do Not Call list, the scrub records and the source of each number usually decide the case. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving texts to numbers on state lists. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The Indiana statutes are Ind. Code art. 24-4.7, ch. 24-5-14, and § 24-5-0.5-4, published in the 2025 Indiana Code, Title 24. The federal statute is 47 U.S.C. § 227, and the FCC’s rules are at 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of June 17, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.