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Terms Used In Louisiana Revised Statutes 45:844.13

  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.12
  • Contract: A legal written agreement that becomes binding when signed.
  • National Do Not Call Registry: shall mean the list of consumers maintained by the Federal Trade Commission who have indicated that they do not wish to receive unsolicited or unwanted telephonic solicitations pursuant to the Federal Do Not Call Law. See Louisiana Revised Statutes 45:844.12
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Residential telephonic subscriber: means any natural person who has subscribed to residential telephonic service from a telecommunications service provider or any other natural person living or residing with such person. See Louisiana Revised Statutes 45:844.12

A.(1)  The commission shall establish and provide for the operation of a database to compile a list of telephonic numbers of residential telephonic subscribers who object to receiving telephonic solicitations. It shall be the duty of the commission to have such database in operation no later than January 1, 2002.

(2)  On or before January 1, 2006, the commission shall establish and maintain a single “do not call” list that shall also include Louisiana consumers on the National Do Not Call Registry as provided in Subsection D of this Section.

B.  Such database may be operated by the commission or by another entity under contract with the commission.

C.  No later than January 1, 2002, the commission shall promulgate rules that accomplish all of the following:

(1)  Require each telecommunication service provider, as defined by the commission, to notify its residential telephonic subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephonic solicitations.  The forms of notification shall include but not be limited to quarterly inserts in or messages on the billing statements mailed to its residential telephonic subscribers and conspicuous publication of the notice in the consumer information pages of the local telephone directories.

(2)  Specify the methods by which each residential telephonic subscriber may give notice to the commission or its contractor of his objection to receiving such telephonic solicitations or revocation of such notice.

(3)  Specify the length of time for which a notice of objection shall be effective and the effect of a change of a telephonic number on such notice.

(4)  Specify the methods by which such objections and revocations shall be collected and added to the database.

(5)  Specify the methods by which any person or entity desiring to make telephonic solicitations shall obtain access to the database as required to avoid calling the telephonic numbers of residential telephonic subscribers included in the database.

(6)  Specify such other matters relating to the administration of this Chapter that the commission deems necessary.

D.  If, pursuant to 47 U.S.C. § 227(c)(3), the Federal Communications Commission establishes a single national database of telephonic numbers of subscribers who object to receiving telephonic solicitations, the commission shall include the part of such single national database that relates to Louisiana in the database established under this Chapter.

Acts 2001, No. 40, §1, eff. May 24, 2001; Acts 2004, No. 857, §1, eff. July 12, 2004.