Indiana Consent Requirements
What consent you need before calling or texting consumers in Indiana
Mini-TCPA State — Stricter than Federal
Indiana has enacted IC § 24-5-14 (Telephone Solicitation of Consumers) which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Indiana for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Not Sufficient |
| SMS | Written Consent Required | Required | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Written Consent Required | Required | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Valid |
| MMS | Written Consent Required | Required | No | Valid |
| Fax | Written Consent Required | No | No | Not Sufficient |
Channel Details
Voice Call
Notes
Manual voice calls to non-DNC numbers require prior express consent. Must register with IN AG. Calling hours 8 AM to 9 PM. Must identify yourself and purpose within first minute. Sales over $100 require written confirmation.
ATDS Definition
Indiana defines automatic dialing-announcing devices (ADADs) to include any device that stores or produces telephone numbers and delivers prerecorded messages. The definition is largely aligned with the federal standard.
Exemptions
EBR exemption available for manual calls. Registration with IN AG required.
Statute
Ind. Code § 24-5-14; § 24-5-14.5
SMS
Notes
SMS marketing requires prior express written consent when using automated systems. FCC one-to-one consent rule (Jan 2025) applies. Indiana's penalties are moderate but the AG has enforcement authority.
ATDS Definition
Automated text messaging is covered under Indiana's ADAD restrictions. Platforms that store numbers and send messages without individual human initiation trigger the consent requirement.
Exemptions
Transactional texts to existing customers may be exempt.
Statute
Ind. Code § 24-5-14.5; § 24-5-14
AI Voice
Notes
AI voice calls require prior express written consent in Indiana. While Indiana does not have a BIPA-equivalent for voiceprints, the ADAD statute and consumer protection laws apply. Failing to disclose AI use could constitute a deceptive practice under the Deceptive Consumer Sales Act.
ATDS Definition
AI-generated voice calls fall under Indiana's ADAD restrictions as automated telephone equipment delivering non-human voice messages. No specific AI disclosure statute exists yet.
Statute
Ind. Code § 24-5-14.5; § 24-5-14
Prerecorded
Notes
Prerecorded messages to Indiana consumers require prior express written consent. Must identify caller and provide opt-out within 30 seconds. Class B infraction ($1,000 per occurrence).
ATDS Definition
Prerecorded messages are explicitly covered by Indiana's ADAD statute. Any prerecorded voice message for commercial solicitation requires prior consent.
Exemptions
Emergency and government notifications may be exempt.
Statute
Ind. Code § 24-5-14.5
Ringless Voicemail
Notes
RVM is not specifically mentioned in Indiana statute but is likely captured by the ADAD definition. Conservative approach: treat as requiring prior express written consent.
ATDS Definition
Ringless voicemail is not explicitly addressed but falls under ADAD provisions as an automated message delivery to the consumer's phone system.
Statute
Ind. Code § 24-5-14.5
MMS
Notes
MMS marketing follows the same rules as SMS in Indiana. Prior express written consent required for automated sending.
ATDS Definition
MMS messages are treated the same as SMS under Indiana law. Automated multimedia messaging triggers the same consent requirements.
Exemptions
Same exemptions as SMS.
Statute
Ind. Code § 24-5-14.5
Fax
Notes
Fax advertising follows federal TCPA rules. Prior express written consent required for unsolicited commercial faxes.
ATDS Definition
Fax communications are governed by federal TCPA. Indiana does not have a separate state fax statute.
Exemptions
EBR exemption under federal law with opt-out notice on each fax.
Statute
Ind. Code § 24-5-14; 47 U.S.C. § 227
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →