Louisiana Revised Statutes 45:844.2 – Identification codes; prohibited acts
Terms Used In Louisiana Revised Statutes 45:844.2
- Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.1
- Telephone solicitation: means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in Louisiana Revised Statutes 45:844.1
- Telephone 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 telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.1
A.(1) The commission shall promulgate rules and regulations to ensure that any telephone solicitor who contacts any residential or mobile telephone subscriber for the purpose of making a telephone solicitation shall possess an identification code that will appear on a caller identification unit. The identification code will correctly identify the name of the telephone solicitor and a phone number where the solicitor can be reached during normal business hours.
(2)(a) In the event the telephone solicitor originates calls from a private branch exchange (PBX), as defined by the commission, and such PBX does not pass the identifying telephone number to the telecommunications service provider, as defined by the commission, the telecommunications service provider delivering the call will be required to transmit a PBX trunk number which would identify the telephone solicitor. The telecommunications service provider will be exempt from this requirement only in the event such telephone trunk number delivery is not technically feasible via a signaling system seven (SS7), as defined by the commission, or other comparable network capable of transmitting calling party number information.
(b) Any telecommunications service provider that cannot currently deliver calling party number identification must file with the commission upon commission request a detailed explanation of why its network is not capable of providing such information.
B. The commission shall promulgate rules and regulations to ensure that no telephone solicitor may use any device which blocks a caller identification unit or otherwise conceals or misrepresents the identity of the telephone solicitor or the phone number where the solicitor can be reached during normal business hours.
C. A telephone solicitor who makes telephone calls on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code, and who makes such calls from a location other than the principal place of business of such organization, shall comply with all the provisions of this Chapter, except that the identification code used by such solicitor need not correctly identify the name of the organization and a phone number where the organization can be reached during normal business hours.
Acts 1999, No. 518, §1.