Louisiana Revised Statutes 45:811 – Prohibited practices
Terms Used In Louisiana Revised Statutes 45:811
- 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. See Louisiana Revised Statutes 45:810
- Contract: A legal written agreement that becomes binding when signed.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
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 La. Rev. Stat. 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.