La. R.S. 45:844.31
§ 844.31 Telemarketing activities; prohibited
A.
During a state of emergency as declared by the governor, no telephonic solicitor shall engage in
telephonic solicitation except for the following reasons:
(1)
The telephonic solicitation is in response to an express request of the person called. For purposes of
this Section, in the case of property or services advertised and offered to sale directly by the owner or
provider thereof, if such advertisement or offer contains the phone number of the owner or provider or its
authorized representative, then such advertisement or offer shall be deemed to be an "express request" by the
owner or provider for inquiries relating to the sale or purchase of such property or services. The
authorization for telephonic solicitation provided for in this Paragraph shall expire six months after the
"express request" is granted.
(2)
The telephonic solicitation is primarily in connection with an existing debt or contract, payment or
performance of which has not been completed at the time of such call.
(3)
The telephonic solicitation is to any person with whom the telephonic solicitor has an existing
business relationship, or a prior business relationship that was terminated or lapsed within six months of
such call, except by a person or business that conducts automobile sales and does not complete the sales
presentation during the telephone solicitation and is made in contemplation of the sales presentation being
completed at a later face-to-face meeting between the telephonic solicitor and the person contacted and where
the contacted person has previously made purchases from the automobile dealership.
(4)
The telephonic solicitation is on behalf of an organization, which has nonprofit status under Section
501(c)(3) or (6) of the Internal Revenue Code, unless such organization utilizes the services of a paid
professional solicitor, as defined in R.S. 51:1901(6).
(5)
The telephonic solicitation is for the purpose of conducting marketing research, public opinion
polling, or similar activities that do not involve telephonic solicitation or selling or obtaining information
that will or may be used for telephonic solicitation or selling.
(6)
The telephonic solicitation constitutes political activity. For the purposes of this Section, calls
constituting political activity are defined as calls made for the sole purpose of urging support for or
opposition to a political candidate or ballot issue provided that the callers identify themselves or calls
made for the sole purpose of conducting political polls or soliciting the expression of opinions, ideas, or
votes or calls made by any newspaper or periodical in the state, which is qualified to be the official journal
of the state or any parish, municipality, school board, or other political subdivision, as provided by
Chapters 2 and 4 of Title 43 of the Louisiana Revised Statutes of 1950.
(7)
The telephonic solicitation is made without completing or attempting to complete a sale, such sale to
be completed only after a face-to-face meeting between the telephonic solicitor and the person called at the
telephonic solicitor's primary place of business or at another location selected by the purchaser. The call
pursuant to this Paragraph must be the result of a referral of the person called to the telephonic solicitor
or be placed to an individual who is personally known to the telephonic solicitor. If placed as a result of a
referral, the telephonic solicitor must provide to the person called the name of the person who made the
referral. If the person called does not wish to be called after such initial call, then the telephonic
solicitor shall not call that person and shall maintain a list of such persons. This exemption provided for in
this Paragraph shall not apply if directly following the sale, the telephonic solicitor attempts to deliver an
item or collect payment from the person called or caused another to do so.
B.
For purposes of this Chapter:
(1)
"Commission" means the Louisiana Public Service Commission.
(2)
"Telephonic solicitation" means any voice or data communication made by a telephonic solicitor to a
residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in
property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property,
consumer goods, or services; or for the purpose of obtaining information that will or may be used for the
direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an
extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization,
except for the American Red Cross.
(3)
"Telephonic solicitor" means any natural person, firm, organization, partnership, association, or
corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be
made a telephonic solicitation, including but not limited to any communication made by use of automated
dialing or recorded message devices.
|
|
Compliance Guide:
Registration Made Easy.
- Online State Registration wizard for call campaign licensing.
- Wizard makes finding State DNC exemptions easy.
- Quickly answer questions with included regulatory guide.
|
|