Louisiana Revised Statutes 51:1731 – 900, 976, or any other pay-per-call charges; advertisement; collection; penalties
Terms Used In Louisiana Revised Statutes 51:1731
- Advertisement: means any promotion of 900, 976, or any other pay-per-call service by means of any radio, television, video or print media, telemarketing, or any other communication promoting a 900 or 976 number, service, or program to consumers. See Louisiana Revised Statutes 51:1730
- Consumer: means a telephone user or end-user who calls or may call a 900, 976, or any other pay-per-call service. See Louisiana Revised Statutes 51:1730
- Pay-per-call service: means any passive, interactive, polling, or other similar audiotext service that is accessed through a seven or ten digit telephone number that is provided for a charge to a caller through an exclusive telephone number prefix or service access code. See Louisiana Revised Statutes 51:1730
- Sponsor: means an individual, corporation, association, partnership, or other entity that sells a pay-per-call service on whose behalf charges are billed, but shall not include a public utility regulated by the state or the Federal Communications Commission or an interexchange carrier which provides transport or billing, or both, and collection services for a pay-per-call service, unless the public utility or interexchange carrier actually produces or promotes the pay-per-call service. See Louisiana Revised Statutes 51:1730
- Subscriber: means any person or entity in whose name a telephone account is billed. See Louisiana Revised Statutes 51:1730
A. Each sponsor shall include in any advertisement the following price disclosures:
(1) Advertisements for 900, 976, or any other pay-per-call service which are broadcast on radio or television or which appear in theatrical-release movies or home videos shall include a voice-over announcement which is clearly audible and articulated, of a volume equal to that used to announce the telephone number and in plain English. The price of the call shall be stated in the advertisement immediately prior to, or after, the presentation of the 900, 976, or any other pay-per-call service each time it is given in the advertisement.
(2) Advertisements for 900, 976, or any other pay-per-call service which are broadcast on television or which appear in theatrical-release movies or home videos shall include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. This visual disclosure of the cost of the call shall be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the visual disclosure of the cost shall be clear, conspicuous, and legible and at least one-half the size of the largest telephone number disclosure.
(3) Advertisements for 900, 976, or any other pay-per-call service which appear in print shall include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. This printed disclosure of the cost of the call shall be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the cost disclosure shall be clear, conspicuous, and legible and at least one-half the size of the largest telephone number disclosure.
(4) The price or cost of the 900, 976, or any other pay-per-call service which must be disclosed in advertisements, as provided in Paragraphs (1), (2), and (3) of this Subsection, shall be the total cost of placing the call. A statement of a price per minute shall not be deemed sufficient disclosure, except:
(a) If the call is interactive and the subscriber may affect the length of call, and, if the flat rate or the total number of minutes of a call cannot be predetermined, the advertisement shall include, along with a price per minute disclosure, a projection of the average total price of the call.
(b) If a projection of the average length or total price of the call cannot reasonably be made, the advertisement shall disclose, along with a price per minute disclosure, the total length of any prerecorded message or messages contained in the call, and the total price these prerecorded messages will incur.
(5) Any advertising shall include a complete and accurate description of the services or information that the subscriber will receive upon calling the advertised number.
(6) Any advertisement for an 800, 900, or 976 number which requires the subscriber to call a subsequent 900 or 976 number in order to receive the goods or service advertised shall comply with the provisions of this Section.
(7) Any advertisement for a 900, 976, or any other pay-per-call service shall include the sponsor’s corporate name, if any; the name under which the sponsor does business, if different from the corporate name; and the address and telephone number of the office of the sponsor.
(8) No sponsor shall represent in any advertisement for calls to 900, 976, or any other pay-per-call service that the information or service provided by the number is free.
B. If an advertisement soliciting telephone calls to a 900 or 976 or any other pay-per-call service does not include a prominent display or announcement of the specific charge for such service, thereby encouraging a consumer to initiate a telephone call to such service without knowledge of such specific charges, and the consumer is subsequently billed, the collection of the specific charge for such service shall not be enforced in a court in this state.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.