What is the nature of the laws restricting polling in Indiana?

[SlackerInc]

I can’t find anything with various Google search terms, so maybe an Indianan here can explain? Most recently I found a mention in a National Journal article:

…restrictive Indiana laws make polling prohibitively expensive there…

RCP’s state polls section mentions this as well.

[Jas09]

Here’s what I can find: Indiana General Assembly

Basically Indiana makes it illegal to robo-dial unless you already have a business relationship with the person or unless you use a live voice to introduce yourself first.

[SlackerInc]

Huh. I thought most polling outfits besides Rasmussen did use live callers. I worked for a polling outfit in the '90s and we certainly called people the old fashioned way.

[Flyer]

@Jas09

Here’s what I can find: Indiana General Assembly

Basically Indiana makes it illegal to robo-dial unless you already have a business relationship with the person or unless you use a live voice to introduce yourself first.

And YET AGAIN somebody fails to recognize that the law makes a distinction between telemarketing and opinion surveys.

IC 24-5-14-3
Commercial telephone solicitation
Sec. 3. (a) As used in this chapter, “commercial telephone solicitation” means any unsolicited call to a subscriber when:
(1) the person initiating the call has not had a prior business or personal relationship with the subscriber; and
(2) the purpose of the call is to solicit the purchase or the consideration of the purchase of goods or services by the subscriber.

(Emphasis added.)

[SlackerInc]

So is there some other law making polling expensive there, or is this just a case of the polling outfits misunderstanding the law, or what?

[Enkel]

Restrictions on use of automatic dialing-announcing device
Sec. 5. (a) This section does not apply to messages:
(1) from school districts to students, parents, or employees;
(2) to subscribers with whom the caller has a current business or personal relationship; or
(3) advising employees of work schedules.
** (b) A caller may not use or connect to a telephone line an automatic dialing-announcing device unless:
(1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or
(2) the message is immediately preceded by a live operator who obtains the subscriber’s consent before the message is delivered.**
As added by P.L.151-1988, SEC.1.

[Enkel]

@Flyer

And YET AGAIN somebody fails to recognize that the law makes a distinction between telemarketing and opinion surveys.

That definition is given because it relates to this portion of the code:

IC 24-5-14-8
Time restrictions
Sec. 8. (a) This section does not apply to messages described in section 5(a) of this chapter.
(b) A caller may not use an automatic dialing-announcing device for commercial telephone solicitation so that a subscriber receives a telephone call before 9 a.m. or after 8 p.m.