Louisiana Revised Statutes 9:2717.2 – Legal representative consent in contracts between a minor and an interactive computer service
Terms Used In Louisiana Revised Statutes 9:2717.2
- Contract: A legal written agreement that becomes binding when signed.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A.(1) No interactive computer service shall enter into a contract or other agreement, including the creation of an online account, with a minor without obtaining the consent of the legal representative of the minor.
(2) The interactive computer service may rely on the consent of the legal representative of the minor to enter into a contract or agreement, including the creation of an online account, with a minor unless the interactive computer service knows or reasonably should know that the legal representative is no longer authorized to represent the minor.
B. Any contract or agreement entered into between a minor and an interactive computer service without the consent of the legal representative of the minor shall be a relative nullity.
C. Nothing in this Section shall bar the use of third parties to obtain the consent of the legal representative, including the consent of the legal representative as to multiple minors and multiple interactive computer services.
D. This Section applies only to minors who are domiciled in this state as provided by Civil Code Article 41.
E. Nothing in this Section shall supersede or modify the provisions relative to contracts made pursuant to Civil Code Article 1923.
F. For the purposes of this Section:
(1) “Account” means any website, application, or similar electronic means by which users are able to create and share information, ideas, personal messages, and other content, including texts, photos, and videos, or to participate in social networking, gaming, or a similar online service.
(2) “Consent” means having the written authority of a legal representative of a minor to permit the minor to enter into a contract or other agreement with the interactive computer service.
(3) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(4) “Legal representative” means any of the following:
(a) A parent with legal authority over a minor.
(b) The tutor of the minor as confirmed or appointed by the court.
(5) “Minor” means any person under the age of eighteen who is not emancipated.
Acts 2023, No. 440, §1, eff. Aug. 1, 2024.