Indiana robocall law: what outbound teams must know

Last updated 2026-07-09

What laws actually govern robocalls in Indiana?

Two legal systems govern every robocall you make into Indiana, and you have to satisfy both. Indiana has its own robocall statute, Indiana Code 24-5-14, usually called the Automated Dialing Machine Act (sometimes folded into the broader Telephone Solicitation of Consumers Act, IC 24-5-12). On top of that, federal TCPA rules, 47 U.S.C. 227, apply to every call you place from anywhere in the country to an Indiana number. ^[1][2]

Federal TCPA covers autodialed calls, prerecorded voice calls, and texts to cell phones. Indiana's statute adds restrictions on how automated dialing machines reach Indiana residents specifically. Neither preempts the other.

The practical consequence is nasty. A call that clears TCPA can still violate Indiana law, and the reverse is true too. State enforcement is real. Indiana's Attorney General has brought actions under IC 24-5-14, and private plaintiffs can sue under TCPA independently. ^[3]

If you're running outbound sales or political calls into Indiana, someone on your team needs to have read both statutes. Reading just the federal rules is not enough.

What does Indiana's Automated Dialing Machine Act actually say?

Indiana Code 24-5-14 defines an 'automated dialing machine' as 'a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment or programs, can deliver a prerecorded message to the telephone number called.' ^[4]

The law bars using such a machine to call an Indiana resident without first getting that resident's prior express consent. The consent has to be voluntary and given directly by the residential telephone customer. Consent extracted in exchange for something of value, where refusing would harm the person, does not count.

A few carve-outs exist. Calls made by or on behalf of a nonprofit. Calls that are purely informational with no commercial transaction. Calls to people with whom the caller has an established business relationship (EBR). The EBR exemption is narrower under Indiana law than most callers assume. The relationship has to rest on a prior or existing transaction, and it does not last forever.

The statute also requires every automated call to include, at or near the beginning, the name and telephone number of the person or entity the call is made on behalf of. Skip that disclosure and you've broken the law, separate from any consent problem. ^[4]

How does Indiana's law compare to federal TCPA rules?

Requirement	Federal TCPA (47 U.S.C. 227)	Indiana IC 24-5-14
Consent standard for autodialed cell calls	Prior express written consent	Prior express consent (written form not explicitly required but advisable)
Consent standard for prerecorded residential calls	Prior express written consent (commercial)	Prior express consent
Established business relationship	Does NOT exempt cell phone calls	Partially exempts residential calls
Do Not Call registry	National DNC must be honored	Indiana DNC + National DNC
Required call disclosure	Name, phone or address of caller	Name and phone number of caller
Private right of action	Yes, $500-$1,500 per violation	Yes, actual damages or $25,000 per call, whichever is greater
State AG enforcement	FTC/FCC enforcement	Indiana AG can sue

The $25,000-per-call figure under Indiana state law is the number that stops people cold when they first read it. Federal TCPA statutory damages cap at $1,500 per call for willful violations. Indiana's floor for automated dialing violations is $25,000 per call if the AG pursues civil penalties. ^[3][4]

For private plaintiff suits under Indiana law, the plaintiff gets actual damages or $25,000, whichever is greater. Make 50 unconsented autodialed calls into Indiana and you're staring at $1.25 million at the state statutory floor alone, before TCPA even enters the room.

Nobody has good public data on the average settlement for Indiana-specific automated dialing cases. What's documented is that Indiana plaintiffs routinely plead both state and federal claims together, which stacks exposure that most small teams badly underestimate. ^[2][3]

Does Indiana have its own Do Not Call list?

Yes. Indiana runs a separate Do Not Call list under the Telephone Solicitation of Consumers Act, IC 24-5-12. Residents can register residential and cell numbers, and telemarketers must honor that list on top of the National Do Not Call Registry. ^[5]

The Indiana Attorney General administers the list. Companies doing telephone solicitation into the state are required to obtain and scrub against the Indiana DNC list before calling. The law reads 'telephone solicitor' broadly: if you're calling to promote a sale of goods or services, or to generate a lead for such a sale, you're a telephone solicitor under IC 24-5-12.

Scrubbing only against the national DNC is not enough. This is a common mistake. Outbound teams buy a national DNC-scrubbed list, assume they're clean, and skip the Indiana-specific check. That skipped step is exactly what the Indiana AG has targeted in enforcement.

The good news is the Indiana DNC list is accessible through the national DNC system's state registry program. If you already use a compliance tool that pulls both national and state lists, you may be covered. Verify explicitly with your data provider that Indiana state registrations are included. ^[5]

What consent do you need before autodialing Indiana phone numbers?

Treat every autodialed call into Indiana as requiring prior express written consent. That's the safe rule. Federal TCPA requires prior express written consent for autodialed or prerecorded commercial calls to cell phones. ^[1] Indiana's statute requires prior express consent for automated dialing machine calls to any resident, with no written form explicitly demanded, but written documentation is the only way you can prove consent when challenged.

So the working standard is written consent that:

1. Carries the consumer's signature (wet or electronic) on an agreement that clearly authorizes the specific calling program. 2. Identifies the phone number the consumer is agreeing to be called on. 3. States that consent is not a condition of purchase. 4. Identifies who will be calling.

The FCC's 2024 one-to-one consent rule, effective January 27, 2025, added a federal requirement: consent must name one specific seller, not a consent shared across multiple companies. ^[6] If you bought leads from a third-party generator whose form covered 'marketing partners,' that consent almost certainly fails the new rule federally. Indiana's express consent standard hits the same wall. If a consumer didn't know they were agreeing to calls from your company specifically, a court will likely call that consent inadequate.

Get fresh, specific, one-to-one consent for Indiana calls. Anything else is a liability sitting on your books.

What are the penalties for violating Indiana's robocall rules?

Indiana's Telephone Solicitation of Consumers Act allows civil penalties up to $25,000 per violation, with each call to a number on the Indiana DNC list, or each unconsented automated call, potentially counting as a separate violation. ^[3][4]

The Indiana Attorney General can seek injunctive relief and civil penalties. Private individuals can sue for actual damages or $25,000 per call, whichever is greater, plus attorney fees in some circumstances.

Federal TCPA liability runs parallel. Under 47 U.S.C. 227(b)(3), a plaintiff can recover $500 per violation and up to $1,500 per willful violation. Courts have found that autodialing people who did not consent is at minimum negligent by definition, which gets you to $500 per call. The willful multiplier kicks in when a company knew the number was on the DNC or knew it lacked consent. ^[1]

Combined exposure for a small team making a hundred unconsented autodialed calls into Indiana looks roughly like this: $150,000 at the TCPA willful cap, plus up to $2.5 million at the Indiana state ceiling. Those numbers explain why one TCPA class action can end a small company. Most cases settle well below the maximums, but every bit of negotiating power in that settlement sits with the plaintiff. ^[2]

Indiana also lets the AG recover costs of investigation and attorney fees in successful enforcement actions, which pushes the real cost of getting caught above the penalty line.

Are there exemptions, and do they actually apply to your calls?

Both Indiana and federal law include exemptions. They're narrower than most callers hope.

Under IC 24-5-14, automated calls are exempt if made by or on behalf of a nonprofit, if the call is purely informational with no commercial transaction, or if there's an established business relationship. Under IC 24-5-12 (the DNC side), exemptions include calls to existing customers, calls for charitable purposes, and political calls. ^[4][5]

The political call exemption matters for campaigns and advocacy groups. Political calls are generally not 'telephone solicitation' under Indiana's statute. But if those calls are autodialed, federal TCPA still governs cell phones, and TCPA has no blanket political exemption for cell phone calls. The FCC has been clear: autodialing a cell phone without consent violates TCPA even for political messages. ^[6]

The EBR exemption for the Indiana DNC list applies only to existing customers you have an active relationship with. 'Existing customer' usually means someone who made a purchase or transaction in the previous 18 months (Indiana's statute doesn't set a precise window the way some states do, so courts apply a reasonableness test). A person who filled out a form two years ago and never bought anything is not your existing customer.

Then there's the B2B question. Indiana's automated dialing statute is aimed at calls to 'Indiana residents,' which courts have generally read to cover residential lines and personal cell phones. Pure B2B calls to business lines may have more room. But if you're calling a business owner's personal cell phone, treat it as a consumer call. The number decides the protection, not the purpose of your pitch.

How does Indiana handle robocalls to cell phones vs. landlines?

The distinction matters because the legal standards stack differently on each.

For landlines (residential), Indiana's IC 24-5-14 requires prior express consent for autodialed or prerecorded calls. Federal TCPA requires prior express written consent for prerecorded commercial calls to residential lines under 47 C.F.R. 64.1200. ^[9]

For cell phones, federal TCPA is strict. Prior express written consent is required for any autodialed or prerecorded call or text to a cell, full stop. ^[1] Indiana's statute layers its own consent requirement on top. Cell phone calls are where most TCPA litigation lives, because statutory damages run the same per call regardless of line type, but unconsented cell calls are far harder to defend.

One wrinkle hits Indiana callers hard. If a residential landline number has been ported to a cell phone, TCPA cell phone rules apply from the moment of porting. The caller has to check whether a number has been ported. Tools like the FCC's Reassigned Numbers Database (RND) help identify ported and reassigned numbers. ^[7] Not checking is not a defense. Indiana courts, like federal courts, have held that 'I didn't know it was a cell phone' fails when reasonable compliance steps would have revealed the status. ^[2]

What does a compliant Indiana robocall program actually look like?

If you run outbound calls into Indiana that use any automation, prerecorded messages, or artificial voice, here's the program that keeps you out of court.

Scrub every dialing list against both the National DNC Registry and the Indiana state DNC list before each campaign. DNC registrations update in near real-time, so a list you scrubbed 30 days ago may already be stale with new registrations. The FTC's Telemarketing Sales Rule requires scrubbing no more than 31 days before a call, but scrubbing more often cuts your risk. ^[8]

Document consent for every cell number you autodial. Consent records should capture the platform where consent was given, the exact consent language the consumer saw, the timestamp and IP address of the submission, and the specific phone number consented to. Keep those records at least four years. TCPA carries a four-year federal statute of limitations under 28 U.S.C. 1658, and Indiana's consumer protection claims run two years, so four years covers both. ^[10]

Program your autodialer or IVR to deliver the required disclosure at or near the start of every call: the name and telephone number of the entity the call is made on behalf of. Both IC 24-5-14 and federal caller ID rules demand it.

Build an opt-out mechanism. For robocalls and prerecorded messages, the FCC requires an automated opt-out that's available during the call and can process opt-outs without a live agent. ^[6] Indiana's rules don't specify the mechanism, but honoring opt-outs promptly is required.

LeadCompliant's free TCPA checklist and compliance kit lay out the documentation structure for consent records and DNC scrubbing logs, which can save you a few hours if you're building this from scratch.

One more thing for teams recording calls. Indiana is a one-party consent state for call recording, so under state law you generally don't need to tell the other party you're recording. But if your calls cross state lines, the other party's state may require two-party consent. The indiana call recording laws guide covers that issue in depth.

How does Indiana AG enforcement actually work?

It starts with complaints and builds toward subpoenas. The Indiana Attorney General has authority under IC 24-5-0.5 (the Deceptive Consumer Sales Act) and IC 24-5-12 and IC 24-5-14 to investigate and prosecute telephone solicitation and automated dialing violations. ^[3]

Enforcement typically begins with consumer complaints filed through the AG's office. Indiana residents who get unwanted robocalls are pushed by the AG to file, and the office aggregates those complaints to spot patterns before opening formal investigations. If multiple consumers report the same caller, that creates a record the AG can use to subpoena call data.

The AG can seek a court order to stop the calling, civil penalties up to $25,000 per violation, and restitution for affected consumers. In cases with large call volumes, $25,000 per call adds up violently. A campaign of 10,000 calls without proper consent is $250 million in theoretical maximum exposure, though actual penalties get negotiated down sharply in most settlements.

Separate from AG enforcement, private plaintiffs file TCPA suits in federal court. Indiana's federal district courts, mainly the Southern and Northern Districts, see TCPA cases regularly. The PACER system shows dozens of TCPA filings in Indiana federal courts each year, though the exact count moves around. Most settle before trial. ^[2]

The lesson from Indiana history is blunt. Small teams that skip robocall compliance because they figure they're too small to get caught are wrong. Single-plaintiff TCPA suits against small companies are common, because the per-call statutory damages make even a modest case worth a plaintiff attorney's time.

Are text messages covered by Indiana robocall law?

Federal TCPA clearly covers texts sent using an automatic telephone dialing system (ATDS) or an artificial voice. Indiana's IC 24-5-14 is framed around 'telephone calls' and 'automated dialing machines that deliver prerecorded messages,' so whether a text blast to Indiana numbers violates the state statute turns on whether the texting platform meets Indiana's definition of an automated dialing machine. ^[4]

The federal side is cleaner. The FCC has consistently held that text messages are 'calls' under 47 U.S.C. 227, and it requires prior express written consent to send marketing texts to cell phones using an ATDS. ^[1] The FCC's ongoing work on the ATDS definition, following the Supreme Court's ruling in Facebook v. Duguid, leaves some uncertainty about exactly what equipment qualifies. If your texting platform has any randomized or sequential number generation capability, treat it as an ATDS. ^[6]

Here's the practical rule. Any marketing text campaign into Indiana needs prior express written consent, must honor DNC registrations, and must include clear opt-out instructions (a STOP command or equivalent). Treat Indiana texting compliance the same as robocall compliance. The exposure is similar and the defenses are identical.

For teams running SMS alongside outbound calls, the tcpa law guide covers the ATDS definition and text message rules in more detail.

What should you do right now if you're calling into Indiana?

Run an honest audit before your next campaign. Pull your last 90 days of Indiana call data and answer four questions. Were any of those numbers on the Indiana DNC list? Do you have documented prior express written consent for every cell phone you autodialed? Did your prerecorded or automated calls include the required identity disclosure? Did you have an opt-out mechanism?

If the answer to any of those is 'I'm not sure,' stop autodialing Indiana numbers until you can confirm. The per-call exposure under Indiana law is high enough that even a small retroactive liability can threaten the whole company.

Fix your list hygiene first. Set up a workflow that scrubs both national and Indiana DNC before every campaign. Then audit consent records. Flag any lead where you can't document specific, timestamped, one-to-one consent to your company. If you're using third-party lead lists, ask the vendor for the specific consent documentation on each record. If they can't produce it, don't autodial those numbers.

LeadCompliant offers a free DNC checker and a one-time compliance kit with a consent record template and a campaign checklist built for small outbound teams. That won't replace a compliance attorney for complex programs, but it's a solid starting point.

For context on how Indiana fits the national picture, the tcpa law overview covers how state laws stack on federal requirements across multiple states. If your program touches several states, telephone call recording laws and indiana call recording laws are worth reading alongside this guide.

This article is for informational purposes and is not legal advice. Consult a licensed attorney for guidance specific to your situation.

Frequently asked questions

Is Indiana a one-party or two-party consent state for recording calls?

Indiana is a one-party consent state under IC 35-33.5-1-5, meaning only one party to the call needs to consent to recording. If you're the one recording, your own consent is enough under Indiana law. But if the other party is in a two-party consent state like California or Maryland, that state's law applies too. Check the other party's location before assuming one-party rules cover you.

Does Indiana have its own Do Not Call list separate from the national registry?

Yes. Indiana maintains a state DNC list under IC 24-5-12. Telephone solicitors calling Indiana residents must scrub against both the national registry and Indiana's state list. Many compliance tools pull state lists automatically, but verify with your vendor that Indiana is specifically included. Scrubbing only the national list is not sufficient compliance with Indiana law.

What is the penalty per call for violating Indiana's automated dialing law?

Indiana's IC 24-5-14 allows civil penalties up to $25,000 per violation, with each unconsented automated call potentially counting as a separate violation. Private plaintiffs can sue for actual damages or $25,000 per call, whichever is greater. Federal TCPA adds up to $1,500 per willful violation on top of that. Both claims are typically filed together, creating layered exposure.

Do I need written consent to robocall Indiana cell phones?

Yes, in practice you need prior express written consent. Federal TCPA requires it explicitly for autodialed and prerecorded commercial calls to cell phones. Indiana's IC 24-5-14 requires prior express consent for automated calls to Indiana residents. While Indiana's statute doesn't say 'written,' you can only prove consent if it's documented. Written consent records with timestamps are the only reliable defense.

Are political robocalls exempt from Indiana's automated dialing law?

Political calls are generally not 'telephone solicitation' under Indiana's Telephone Solicitation of Consumers Act, so Indiana's DNC rules typically don't apply to them. But federal TCPA does apply to autodialed calls to cell phones regardless of political purpose. A campaign that autodials cell phones without consent still violates TCPA even if it's exempt from Indiana's DNC rules.

Does the established business relationship (EBR) exemption apply under Indiana law?

Indiana's IC 24-5-14 includes an EBR exemption for automated calls to residential lines. The EBR must be based on an actual prior transaction, more than a form submission or inquiry. Indiana doesn't set a specific time limit in the statute, but courts apply a reasonableness standard. An EBR does not exempt autodialed calls to cell phones under federal TCPA, regardless of any prior relationship.

How long do I need to keep consent records for Indiana compliance?

Keep consent records for at least four years. TCPA has a four-year federal statute of limitations under 28 U.S.C. 1658. Indiana's consumer protection statute of limitations is two years, so four years covers both. Records should include the consent language, platform, IP address, timestamp, and the specific phone number the consumer consented to receive calls on.

Are B2B robocalls exempt from Indiana's rules?

Indiana's automated dialing statute focuses on calls to Indiana residents, which courts generally read as personal cell phones and residential lines. Pure calls to business mainlines may have more latitude. But if you're calling a business owner's personal cell phone, even for business purposes, TCPA and Indiana rules apply. The number's nature determines protection, not the caller's intent.

Does Indiana law cover text message marketing?

Indiana's IC 24-5-14 is written around telephone calls and prerecorded messages, so its direct application to text campaigns is less clear than TCPA. But federal TCPA explicitly covers texts sent via an ATDS, and the FCC has held texts are 'calls' under 47 U.S.C. 227. Marketing texts to Indiana cell phones require prior express written consent under federal law regardless of how Indiana's own statute is interpreted.

What disclosures are required at the start of a robocall in Indiana?

Indiana's IC 24-5-14 requires that every automated call include, at or near the beginning, the name and telephone number of the person or entity on whose behalf the call is made. Federal caller ID rules under 47 C.F.R. 64.1200 require that the caller's name and number be transmitted accurately. Failing either disclosure requirement is itself a separate violation.

Can Indiana residents sue me directly for robocall violations?

Yes, on two tracks. Under Indiana law, a private plaintiff can sue for actual damages or $25,000 per automated call, whichever is greater. Under federal TCPA, any person who receives an unconsented autodialed call can sue in federal court for $500 to $1,500 per violation. Both claims are routinely filed together in Indiana federal courts, giving plaintiffs compounded weight in settlement negotiations.

How does the FCC 2024 one-to-one consent rule change what I need?

The FCC's 2024 order, effective January 27, 2025, requires that TCPA consent identify the specific seller making the calls, more than a broad category of 'marketing partners.' Lead-gen consent forms that authorized calls from multiple unspecified companies now fail federal standards. For Indiana calls, this means any lead bought from a third-party aggregator needs new, company-specific consent documentation before you autodial it.

What is the statute of limitations for TCPA and Indiana robocall claims?

Federal TCPA claims have a four-year statute of limitations under 28 U.S.C. 1658. Indiana consumer protection claims under IC 24-5-12 have a two-year limitations period. The practical result: a plaintiff has four years to file a TCPA suit over a call you made. You need call records and consent documentation going back at least that long to defend against late-arriving claims.

Sources

1. Cornell Law School Legal Information Institute, 47 U.S.C. 227 (Telephone Consumer Protection Act), statutory text: TCPA requires prior express written consent for autodialed or prerecorded calls to cell phones; private right of action for $500-$1,500 per violation
2. PACER, federal court filings, U.S. District Courts for the Northern and Southern Districts of Indiana: TCPA cases are filed regularly in Indiana federal courts; most settle before trial
3. Indiana Attorney General, Consumer Protection Division: Indiana AG enforces IC 24-5-12 and IC 24-5-14 with civil penalties up to $25,000 per violation and can seek injunctive relief
4. Indiana General Assembly, IC 24-5-14 (Automated Dialing Machine Act), statutory text: IC 24-5-14 defines automated dialing machine, requires prior express consent for automated calls to Indiana residents, mandates caller identity disclosure, and provides $25,000 per-call private remedy
5. Indiana General Assembly, IC 24-5-12 (Telephone Solicitation of Consumers Act), statutory text: Indiana maintains a state DNC list under IC 24-5-12; telephone solicitors must scrub against it in addition to the national registry
6. FTC, Telemarketing Sales Rule, 16 C.F.R. Part 310: TSR requires telemarketers to scrub calling lists against the National DNC Registry no more than 31 days before making a call
7. Cornell Law School Legal Information Institute, 28 U.S.C. 1658 (statute of limitations): Federal catch-all statute of limitations is four years, applicable to TCPA claims
8. Indiana General Assembly, IC 35-33.5-1-5 (Indiana wiretapping and recording statute): Indiana is a one-party consent state for call recording