Indiana has established substantial civil penalties for businesses that violate certain telephone solicitation and automated calling laws.
State law authorizes penalties reaching $10,000 for a first violation and $25,000 for subsequent violations.
However, these amounts are government enforcement penalties rather than payments automatically available to individual consumers.
Understanding Indiana's Civil Penalty System
Indiana Code 24-4.7 provides enforcement remedies for violations of the state's telephone solicitation law.
Under Indiana Code 24-4.7-5-2, a court may impose a civil penalty of up to $10,000 for a first violation and up to $25,000 for each subsequent violation.
Each unlawful call to a listed number may constitute a separate violation.
This structure allows penalties to increase substantially when a business makes repeated prohibited calls.
For example, a large telemarketing campaign could generate numerous separate violations if it repeatedly contacts numbers protected by the state's current registry.
The final amount depends on the court's findings and applicable law.
Why Consumers Cannot Automatically Collect These Fines
A common misunderstanding concerns who receives Indiana's civil penalties.
The state Telephone Solicitation of Consumers law makes violations actionable by the Attorney General.
It does not create a general private statutory-damages claim allowing an individual to collect $10,000 or $25,000 for each unlawful call.
The Attorney General may seek enforcement remedies, including court-ordered relief.
In qualifying state actions, restitution may also be available to affected consumers.
That is different from a consumer filing a private lawsuit demanding the state's civil penalty amount.
Federal Law May Provide Separate Compensation
The federal Telephone Consumer Protection Act creates private remedies for certain unlawful telephone communications.
Qualifying violations may support $500 in statutory damages.
A court may increase damages to as much as $1,500 for willful or knowing violations.
These amounts are separate from Indiana's state enforcement penalties.
A consumer's ability to recover federal damages depends on the type of call, the applicable legal provision, and the evidence.
Not every unwanted call creates a valid federal claim.
For more information, visit: https://robocalllawsuit.com/autodialer-laws/indiana/
Local Spotlight: Major Indiana Robocall Enforcement
Indiana has participated in significant enforcement actions against large-scale robocalling operations.
In March 2023, the Indiana Attorney General announced judgments involving a robocall operation accused of making millions of calls to Indiana residents.
The announced judgments exceeded $244 million combined, although substantial portions were suspended based on the defendants' inability to pay.
The enforcement action also involved restrictions on future telemarketing activities.
This case illustrates the difference between penalties announced in litigation and amounts actually collected.
It also shows how state authorities may coordinate with other states when unlawful calling operations affect multiple jurisdictions.
Why Businesses Beyond the Caller May Face Liability
Indiana law reaches certain participants involved in prohibited telephone solicitation activities.
Under Indiana Code 24-4.7-4-7, restrictions can apply to suppliers, callers, and telephone solicitors that knowingly participate in specified unlawful conduct.
The statute addresses activities such as transferring calls generated through violations, sharing protected telephone numbers for solicitation, and substantially assisting prohibited operations.
This can be important when a telemarketing campaign involves multiple companies.
A business may generate leads, another company may place calls, and a third may receive transferred customers.
The legal responsibility of each participant depends on its conduct and knowledge.
Common Questions Around Indiana Robocall Penalties
What is the first-violation penalty?
Indiana authorizes a civil penalty of up to $10,000 for a first qualifying violation.
Can later violations carry larger fines?
Yes. Subsequent qualifying violations can carry penalties of up to $25,000 each.
Can I sue for those state penalty amounts?
No. Indiana's state civil penalties are pursued through Attorney General enforcement.
Can federal law provide private damages?
Yes. Certain TCPA violations may support statutory damages of $500 to $1,500.
