By KEN de la BASTIDE
The National Republican Congressional Committee is in violation of a 2010 “treaty” among three Indiana political parties to disavow robo-calls.
The Treaty of 2010 was negotiated by Indiana Attorney General Greg Zoeller in January and signed by Murray Clark, chairman of the Indiana GOP; Dan Parker, chairman of the Indiana Democratic Party; and Sam Goldstein, chairman of the Libertarian Party.
“I’m sorry to report that the National Republican Congressional Committee is the first to intentionally violate the treaty and show a lack of respect for the privacy of Hoosiers by blitzing them with unwanted political calls,” Zoeller, a Republican, said in a statement. “This national group fails to appreciate what the three political parties in Indiana readily embraced: that unsolicited and unwanted calls on any subject are an annoying and ultimately counterproductive tactic that Hoosiers neither need nor want.”
Zoeller contacted the NRCC Tuesday, requesting it discontinue the current phone campaign in Indiana. The committee declined.
The NRCC reportedly is initiating automated telephone calls in three Indiana congressional districts, including District 2, represented by Democrat Joe Donnelly.
Donnelly’s campaign committee declined comment.
Parker said Thursday that people still need to follow the rules and noted the law in Indiana prohibits automated or robotic calls.
“The Republican Party candidates in the 2nd District need to step forward and tell the national committee don’t do that in Indiana,” Parker said. “It’s telling that this early in the election cycle, the agreement is already broken.
“I’m disappointed,” Parker said. “Speaks to the fact that they are desperate to get their message out.”
Parker said he hoped Clark would get the NRCC to follow the agreement reached in Indiana concerning automated telephone calls.
The Republican Party didn’t respond to an e-mail requesting comment.
Zoeller said his office’s Telephone Privacy Division already is receiving complaints concerning the NRCC calls.
“Hoosiers have said time and again that they enjoy their telephone privacy and don’t want to be interrupted by the annoying ring of unwanted telephone calls, and that the use of prerecorded messages adds insult to injury,” Zoeller said. “My office has explained to the NRCC that their nuisance calls into Indiana violate the intent and spirit of the state’s telephone privacy laws. They certainly breach the Treaty of 2010 that all three state political parties signed January 5.”
Indiana’s Auto Dialer law prohibits the use of technology that automatically dials residential phone numbers and plays prerecorded messages. The law does not prohibit robo-call messages if a live operator places the call and obtains the consumer’s permission first before playing the prerecorded message.
Obtaining such permission as an opt-in choice is allowed and encouraged. Otherwise, the calls are illegal in Indiana and can result in the attorney general filing a lawsuit seeking civil penalties against those responsible. The penalty is up to $5,000 per violation.
The attorney general’s Office currently has two lawsuits ongoing against outside political groups that illegally used auto-dialer machines to blast Hoosier consumers with robo-calls in 2006.
“This national group and anyone considering similar activities should be on notice that the tactic of tiptoeing right up to the line of illegality in pursuit of short-term gain carries a public penalty as a violation of the Treaty of 2010,” Zoeller said.
• Ken de la Bastide is the Kokomo Tribune enterprise editor. He can be reached at 765-454-8580 or via e-mail at ken.delabastide@kokomotribune.com
