What are Indiana's telemarketing rules?
| Rule | What Indiana law says | Source |
|---|---|---|
| State do-not-call list | The Attorney General's consumer protection division keeps a quarterly listing; no sales call to a number on the current list. | IC 24-4.7-4-1 |
| Insurance exemption from the list law | Does not apply to a call by an individual licensed as an insurance producer when soliciting an application or negotiating a policy on behalf of an insurer. | IC 24-4.7-1-1(5) |
| Identification | Callers covered by the list law disclose their true first and last name and the business they call for right away. | IC 24-4.7-4-2 |
| Prerecorded or synthesized voice | A device that plays a prerecorded or synthesized voice message may be used only if the person consented, or a live operator first gets consent. | IC 24-5-14-5(b) |
| Autodialer hours | No commercial solicitation with such a device before 9 a.m. or after 8 p.m. | IC 24-5-14-8 |
| Disconnect | The device must disconnect within 10 seconds after the call ends. | IC 24-5-14-6 |
| Penalties | Attorney General penalties up to $10,000 for a first violation and $25,000 for each later one. | IC 24-5-14-13 |
Federal rules apply on top of these: the TCPA, the FCC's rules in 47 CFR § 64.1200 and the FTC's Telemarketing Sales Rule. See Can AI call life insurance leads?
Do Indiana's rules apply to licensed insurance agents?
Partly. The do-not-call law (IC 24-4.7) does not apply to a call by a licensed insurance producer “when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer” (IC 24-4.7-1-1(5)). Whether a call placed for the producer by an unlicensed setter or software fits that wording is a question for counsel.
The autodialer law (IC 24-5-14) has no insurance exemption (IC 24-5-14).
Can an AI voice call leads in Indiana?
Only with consent. Indiana's autodialer law covers devices that play a “prerecorded or synthesized voice message,” and allows them only when the person knowingly or voluntarily consented, or a live operator gets consent first (IC 24-5-14-5(b)). A synthesized voice is close to what an AI voice is, so treat AI calls as covered: keep the consent record, call 9 a.m. to 8 p.m., and meet the federal consent rule too (FCC 24-17).
How do Polca's calling limits compare with Indiana's rules?
On every call, AI and human, Polca calls only between 9 a.m. and 7 p.m. in the lead's local time (checked against the lead's state and area code), never dials on Sundays, checks the agency's opt-out list at dial time, adds opt-outs it detects on calls, caps attempts per lead, and gives the agency a kill switch. Agencies can tighten these limits (narrower hours, lower caps) but cannot loosen them.
- Hours: Polca's 9 a.m. to 7 p.m. window is inside Indiana's 9 a.m. to 8 p.m. for autodialed calls.
- Indiana's list: not scrubbed by Polca. If counsel says the producer exemption doesn't cover your calls, get the list from the Attorney General and suppress it.
- Consent: your agency certifies consent for each list before Ava calls it; Polca does not check it for you.
These limits do not cover every state rule. Polca's Calling & AI Voice policy says state holiday or emergency restrictions and state rules stricter than these limits are the agency's responsibility. Polca does not scrub lists against the National Do Not Call Registry or any state list, and its own registrations do not cover the agency. Your agency has to check the rules of every state it calls.
What should an agency calling Indiana leads do?
- Keep consent records for every Indiana lead an AI calls.
- Ask counsel whether the producer exemption covers your calls; if not, suppress the Indiana list.
- Give the caller's name and agency at the start of every call.
This page is general information from Polca (polca.ai), not legal advice. Read the linked statute and talk to your own counsel before you rely on it.
Common questions
Are insurance agents exempt from Indiana's do-not-call law?
Licensed producers soliciting an application or negotiating a policy for an insurer are exempt from IC 24-4.7 (IC 24-4.7-1-1(5)). The autodialer law, IC 24-5-14, has no such exemption.
Does Indiana allow prerecorded or AI voice sales calls?
Only with the person's consent, or after a live operator gets consent, and only from 9 a.m. to 8 p.m. (IC 24-5-14-5 and -8).
Does Indiana have its own do-not-call list?
Yes, a quarterly listing kept by the Attorney General (IC 24-4.7-4-1).
Sources
- Ind. Code 24-4.7-1 (telephone solicitation of consumers: scope and exemptions)
- Ind. Code 24-4.7-4 (Indiana do-not-call listing and disclosures)
- Ind. Code 24-5-14 (automatic dialing-announcing devices)
- FCC Declaratory Ruling FCC 24-17 (AI-generated voices are “artificial” voices under the TCPA), released Feb. 8, 2024
- 47 CFR § 64.1200 (FCC telemarketing and robocall rules)
- Polca Calling & Recording Policy
This page is general information, not legal advice. Laws and rules change; check the sources and talk to your own counsel.
Calling limits that can't be loosened.
Polca calls 9 a.m. to 7 p.m. in the lead's local time, never on Sundays, with opt-outs, attempt caps and a kill switch on every call. Your agency checks the state rules on top.
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