2021 Louisiana Laws Revised Statutes
Title 45 – Public Utilities and Carriers
§810. Definitions
RS 810 – Definitions
A. The provisions of the Chapter shall be known as the “Consumer Telemarketing Protection Act of 1991”.
B. When used in this Chapter the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different meaning:
(1) “ADAD equipment” means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed.
(2) “Commission” means the Louisiana Public Service Commission.
(3) “Telephone access line” means any seven-digit telephone number for each call to which a fee is charged.
Acts 1991, No. 917, §1.
§811. Prohibited practices
RS 811 – Prohibited practices
It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or to use a live operator to make calls for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information when:
(1) Consent is not received prior to the invitation of the calls as specified in the provisions of R.S. 45:812.
(2) Such use is other than between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.
(3) Such use is on days declared to be a state holiday, or Sundays.
(4) The ADAD equipment will operate unattended, or is not so designed and equipped with an automatic clock and calendar device that it will not operate unattended, even in the event of power failures.
(5) Such use involves the use of random or sequential dialing of telephone numbers.
(6) The automatic dialing and recorded message player does not automatically terminate its connection with any telephone call within ten seconds after the person called fails to give consent for the playing of a recorded message or hangs up.
(7) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first twenty-five seconds of the call and at the conclusion of the call.
(8) Such use involves calls to:
(a) Telephone numbers which, at the request of the customer, have been omitted from the telephone directory published by the telephone company or cooperative serving the customer.
(b) Hospitals, nursing homes, fire protection agencies, or law enforcement agencies.
(9) The telephone number required to be stated in the provision of Paragraph (7) is not, during normal business hours, promptly, and personally answered by someone who is an agent of the person or organization in whose behalf the automatic calls are made and is able to provide information concerning the automatic calls.
Acts 1991, No. 917, §1.
§812. Agreement of consent to receive calls
RS 812 – Agreement of consent to receive calls
A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message, or when the ADAD has a feature that allows the person to indicate consent. Any such consent shall apply only to a particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
Acts 1991, No. 917, §1.
§813. Registration with the commission; bond
RS 813 – Registration with the commission; bond
A. Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this Chapter:
(1) Name, address, and telephone number of the company or individual utilizing the equipment.
(2) Name and address of a designated agent for service of process located in this state for the ADAD operator.
(3) A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe.
B. The commission shall promulgate rules and regulations to govern the issuance of and the revocation or suspension of permits for ADAD operators utilizing equipment to call telephone numbers located in Louisiana.
C. Failure to obtain a permit from the commission prior to utilization of ADAD equipment to call numbers located in this state, and failure to abide by commission rules governing ADAD operations shall be a violation of this Chapter.
D. It shall be unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission.
E. Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission, and shall pay a fee as prescribed by the commission for such permit. Permits shall be renewed annually as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits.
F. Permits shall be subject to suspension or revocation by the commission for any violation of this Chapter.
G. The provisions of this Section relative to registration with the commission, posting of a surety bond, and the promulgation of rules and regulations by the commission shall be applicable to those companies or individuals who utilize live operators to make calls pursuant to R.S. 45:811.
Acts 1991, No. 917, §1.
§814. Use of access lines prohibited
Universal Citation: LA Rev Stat § 45:814 (2021)
RS 814 – Use of access lines prohibited
It shall be unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to call such telephone access line.
Acts 1991, No. 917, §1.
§815. Regulation of access lines by the commission
RS 815 – Regulation of access lines by the commission
No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail.
Acts 1991, No. 917, §1.
§816. Exceptions to use
RS 816 – Exceptions to use
Nothing in this Chapter shall be construed to prohibit or restrict by registration or other means calls made:
(1) At the request of the subscriber.
(2) For the collection of a lawful debt.
(3) For the payment for, service of, or warranty coverage for previously ordered or purchased goods or services or additional goods or services for existing customers or to remind the customer of a previously made appointment.
(4) When a live operator introduces the message, provided the call is immediately terminated if the called party says he is not interested.
(5) By or on behalf of a charitable or nonprofit organization to a subscriber who has donated, or who has expressed an interest in donating, realty, goods, services, or money.
(6) To any person with whom the caller had a pre-existing business relationship.
(7) This Chapter shall not apply to contractual sales regulated by any other provision of the Louisiana Revised Statutes of 1950 or to the sale of financial services, security sales, or sales transacted by companies, or their wholly owned subsidiaries or agents, which are regulated by the Louisiana Public Service Commission.
(8) Pursuant to a political campaign.
(9) To notify or inform the public of an emergency pursuant to Chapter 8-E of this Title.
Acts 1991, No. 917, §1; Acts 1997, No. 199, §1, eff. June 13, 1997.
§817. Violations; penalties; civil remedies
RS 817 – Violations; penalties; civil remedies
A. Any person who violates the provisions of this Chapter shall be fined not more than five hundred dollars or imprisoned for not more than thirty days or both.
B. The district attorney of the parish in which or from which automated calls in violation of this Chapter are made or received may seek injunctive relief and recover such statutory damages and attorney fees as provided by this Section. Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this Chapter on behalf of others similarly situated.
C. When an individual or corporation is found to be in violation of this Chapter in a civil action, a court shall assess a civil penalty against the offending party in the amount of one thousand dollars for each call made in violation of this Chapter. Any civil penalty collected pursuant to this Section shall be paid into the general fund of this state. The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney fees.
Acts 1991, No. 917, §1.