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State: 3 violated ‘do not call’ law

Indiana’s attorney general sued two out-of-state companies and a person Tuesday, accusing them of violating the state’s “do-not-call” list and other telephone-privacy laws.

In the suit, Greg Zoeller alleges Fortress Secured of Nevada, SVM Inc. of California and Mike Moneymaker of California used illegal automated dialing to deliver illegal prerecorded messages to phone numbers on the state’s no-call list.

“The fact telemarketers are using illegal auto-dial technology and willfully disregarding the state’s do-not-call statute may be a red flag that these businesses may be ignoring other laws,” Zoeller said. “Consumers should be cautious if they receive a cold call.”

Zoeller’s office has received more than 160 complaints of unsolicited, prerecorded telemarketing calls and 100 complaints about “robo-calls” from telemarketers selling vehicle warranties or service contracts. Zoeller has received several of these calls on his mobile phone claiming his vehicle warranty is about to expire.

The lawsuit seeks an injunction to permanently prevent violations of the state’s laws. The defendants are also accused of doing business in Indiana without the required registration. The lawsuit calls for the defendants to pay penalties for each violation.

The state’s do-not-call law prohibits telemarketers – with the exception of licensed insurance agents, licensed real estate agents, charitable organizations and newspapers – from calling phone numbers on the registry. From March 2002 to March 2009, the state has collected more than $1 million in fines.

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