Louisiana Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Louisiana regulates telemarketing through several separate statutes and a detailed regulatory order from the Louisiana Public Service Commission (LPSC). The center of the scheme is the Telephone Solicitation Relief Act of 2001, La. R.S. 45:844.11 to 844.17. It creates a state "do not call" list administered by the LPSC that also includes Louisiana numbers on the National Do Not Call Registry. It requires every telephonic solicitor to register with the LPSC and pay annual registration and list fees. Violations carry administrative penalties of up to $1,500 per violation, or $3,000 when the subscriber is over 65.

The LPSC's Do Not Call Program General Order (Docket R-35852, March 2021) adds operating rules that apply to all residential telephonic solicitations, even exempt calls. No calls may be placed on Sundays or legal holidays, or between 8:00 p.m. and 8:00 a.m. Monday through Saturday. The Order also requires prior consent for recorded messages, prompt identification, a 12-month call log, and quarterly list updates. The older Consumer Telemarketing Protection Act of 1991 (La. R.S. 45:810 to 817) governs automatic dialing and announcing devices (ADAD). It requires an LPSC permit and a $10,000 bond, and it imposes a $1,000 per call civil penalty in civil actions. A separate statute bans telephonic solicitation during a declared state of emergency (La. R.S. 45:844.31 to 844.33).

Two other laws round out the picture. The Telephonic Sellers law (La. R.S. 45:821 to 833) requires certain sellers to register with the Department of Justice and post a $50,000 bond. These are sellers who use prize, gift, below-regular-price, or investment pitches. Their sales are not final without a signed written contract, and the buyer has a three-business-day cancellation right. The Caller ID Anti-Spoofing Act (La. R.S. 51:1741.1 to 1741.5) gives anyone harmed by intentionally falsified caller ID a private action for treble damages, costs, and attorney fees. Louisiana's do not call statute does not itself create a private damages remedy. Consumers generally rely on the federal Telephone Consumer Protection Act (TCPA), the anti-spoofing statute, or the Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA).

Key statutes and regulations

Detailed provisions

1. Who the do not call law covers

La. R.S. 45:844.12(6) defines the core term:

"Telephonic solicitation" means any voice or data communication made by a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property, consumer goods, or services; or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization

Charitable solicitations are therefore within the definition unless an exemption applies. A "telephonic solicitor" is any person or entity "doing business in this state, who makes or causes to be made a telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices" (La. R.S. 45:844.12(7)). "Doing business in this state" includes calls "from a location outside of this state to residential telephonic subscribers residing in this state" (La. R.S. 45:844.12(2)).

A "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" (La. R.S. 45:844.12(5)). The statute does not say whether a wireless number used as a home phone is "residential telephonic service." The LPSC's solicitor guidance says "Only residential subscribers are allowed to participate in the program," and that the program includes "all Louisiana consumers registered with the National Do Not Call Program." The national registry accepts wireless numbers.

Exemptions. The definition excludes communications made:

• (a) "In response to an express request of the person called."
• (b) "Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call."
• (c) "To any person with whom the telephonic solicitor has an existing business relationship, or a prior business relationship that was terminated or lapsed within six months of such call," with an exception for certain auto dealer calls.
• (d) "On behalf of an organization which has nonprofit status under Section 501(c)(3) or (6) of the Internal Revenue Code, unless such organization utilizes the services of a paid professional solicitor, as defined in R.S. 51:1901(6)."
• (e) For marketing research and polling "that do not involve telephonic solicitation or selling."
• (f) Political activity, including candidate and ballot issue calls "provided that the callers identify themselves," political polls, and certain official-journal newspapers.
• (g) Certain auto dealer calls to prior customers to set up a face-to-face sale.
• (h) Referral or personal-acquaintance calls where the sale is completed only at a face-to-face meeting. This exemption does not apply "if directly following the sale the telephonic solicitor attempts to deliver an item or collect payment."
• (i) and (j) Follow-up or wellness care calls by optometrists, dentists, chiropractic physicians, and veterinarians.
• (k) Calls on behalf of certain 501(c)(5) public safety organizations calling from within the state.

The LPSC General Order narrows the express request exemption. It states that "An express request to a telephonic solicitor does not extend to affiliated entities unless the residential telephonic subscriber would reasonably expect them to be included." It also treats an advertisement listing the owner's phone number as an express request, but "This authorization expires six months after the 'express request' is granted."

2. The Louisiana do not call list

La. R.S. 45:844.13(A)(2) required the LPSC to "establish and maintain a single 'do not call' list that shall also include Louisiana consumers on the National Do Not Call Registry." Under La. R.S. 45:844.14(A)(1), a listing "shall be effective for five years and renewed by the commission upon receipt of a renewal notice." The statute directs the LPSC to update the list monthly (La. R.S. 45:844.14(A)(2)(b)). The General Order and the LPSC's guidance describe quarterly distribution to registered solicitors. According to the guidance, "After receiving the updated register, you must update your solicitation list by the first day of the subsequent quarter."

The operative prohibition is La. R.S. 45:844.14(C):

Any telephonic solicitation made by a telephonic solicitor to a residential telephonic subscriber whose number appears on the commission's then current "do not call" listing, or the National Do Not Call Registry, if applicable, is prohibited, except as authorized by this Chapter or the Federal Do Not Call Law.

The legislative findings explain the choice to combine the lists: "the legislature finds that adoption of the National Do Not Call Registry combined with the state 'do not call' listing will better protect residential telephonic subscribers" (La. R.S. 45:844.11).

Use of the list. The General Order bars anyone who obtains the list from "selling, sharing, leasing, donating or giving the 'Do Not Call' list to anyone not registered as a telephonic solicitor with the Commission." It extends that bar to "services and/or lists that provide the suppression and/or 'scrubbing' of telephone numbers." A principal solicitor may share its copy with registered dependent solicitors under conditions. Each affiliate with its own federal tax identification number must register separately.

Call log. Under the General Order, "A telephone call log must be maintained by the telephonic solicitor for a period of twelve months." On request, the log must be produced in numeric or chronological order showing the number, time, and date called.

3. Registration, fees and bond

Unlike federal law, Louisiana requires solicitors to register with the state before they can obtain the list. La. R.S. 45:844.14(A)(3)(b) provides:

In order to obtain copies of the "do not call" listing, a telephonic solicitor shall, in addition to paying the applicable fee, register with the commission, pay any registration fee as required by the commission, and provide all necessary documentation as required by the commission.

The same paragraph states that a solicitor "may maintain a bond in the amount of twenty thousand dollars in favor of the state of Louisiana to guarantee the payment of any administrative penalties." The LPSC guidance confirms that since Act 418 of 2006 the bond "is an option at the discretion of the solicitor, and is no longer a requirement for registration to the program."

Fees are set in La. R.S. 45:844.16:

• independent solicitor registration: "an annual payment of four hundred dollars"
• principal solicitor registration: "an annual payment of eight hundred dollars," plus $500 to $2,000 for dependent solicitors depending on their number
• the list: "The cost for the 'do not call' list is four hundred dollars annually."

Permits run on the calendar year, January 1 through December 31. The LPSC guidance states that "Compliance with the provisions of the National Do Not Call Registry does not preempt registration requirements for the Commission's Do Not Call program." It also says the law "applies to all telephone solicitation regardless of origin whereby calls terminate within the State of Louisiana."

The General Order adds an enforcement tool against unregistered callers. "No telecommunications service provider or other party, in its normal course of business, shall knowingly install or provide service to a person making telephonic solicitations without that person first providing proof to the telephone company or entity providing service of registration with the Public Service Commission." After notice and hearing, the LPSC may direct a carrier "to immediately take action to deny or restrict such service."

4. Calling hours, Sundays and holidays

Louisiana's hours rule comes from the LPSC General Order, Section V(A):

No calls will be placed on Sunday or Legal Holidays. No calls will be placed between the hours of 8:00 P.M. and 8:00 A.M. Monday through Saturday.

The Order states these terms "shall apply to all forms of telephonic solicitation, including those described in Subsections 1 through 8 of Section II(I) above." In other words, the hours rule applies even to calls that are exempt from the list. Since 2021, the Order also provides that "The requirements of SectionV(A)(2) shall not be applicable to the call types described in Sections II(I)(5) and II(I)(6) above." Those are the marketing research or polling exemption and the political activity exemption. The LPSC publishes the current year's legal holidays, which include Mardi Gras and, by proclamation, days such as Lundi Gras.

The ADAD statute contains a parallel rule. La. R.S. 45:811 makes it unlawful to use ADAD equipment, or "a live operator," to make covered calls when "Such use is other than between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday" or "Such use is on days declared to be a state holiday, or Sundays."

State of emergency. La. R.S. 45:844.31(A) provides that "During a state of emergency as declared by the governor, no telephonic solicitor shall engage in telephonic solicitation except for the following reasons." The exceptions largely track the do not call exemptions, with a six-month limit on advertisement-based express requests. Under subsection (B)(2)(b), the chapter does not apply to the American Red Cross or Louisiana-based nonprofit community blood centers. The LPSC must notify registered solicitors when an emergency is declared (La. R.S. 45:844.32). Violations carry up to $1,500 per violation, and "Each telephonic solicitation in violation of this Chapter constitutes a separate offense" (La. R.S. 45:844.33(C)). The LPSC registration requires a designated emergency contact email for these notices.

5. Automatic dialing and announcing devices (ADAD)

La. R.S. 45:810(B)(1) defines the equipment:

"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.

The definition is conjunctive: the device must both dial and disseminate recorded messages. It does not depend on a random or sequential number generator. It is therefore broader in one sense, and narrower in another, than the federal "automatic telephone dialing system" (ATDS) as construed in Facebook, Inc. v. Duguid (2021). The federal definition turns on whether equipment uses a "random or sequential number generator."

La. R.S. 45:811 makes it unlawful to use ADAD equipment, or a live operator, for consumer sales calls or "for the purpose of conducting polls or soliciting information" when any listed condition is violated. Among them:

• consent is not received as specified in La. R.S. 45:812
• calls fall outside the hours or on Sundays or holidays
• the equipment "will operate unattended"
• "Such use involves the use of random or sequential dialing of telephone numbers"
• the player does not disconnect "within ten seconds after the person called fails to give consent for the playing of a recorded message or hangs up"
• the 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"
• calls go to unlisted numbers or to "Hospitals, nursing homes, fire protection agencies, or law enforcement agencies"
• the stated number is not answered promptly by an agent during business hours

Consent. Under La. R.S. 45:812, "A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message, or when the ADAD has a feature that allows the person to indicate consent. Any such consent shall apply only to a particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment."

Permit and bond. La. R.S. 45:813(A) requires registration with the LPSC and a permit before ADAD equipment calls numbers in Louisiana. The filing must include "A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars to be maintained continuously in full force and effect." Subsection (G) extends the registration, bond, and rules "to those companies or individuals who utilize live operators to make calls pursuant to R.S. 45:811." Subsection (D) makes it unlawful "to connect any ADAD equipment to any telephone line in this state" without a permit.

Exceptions. La. R.S. 45:816 exempts calls:

• at the subscriber's request
• for debt collection
• regarding previously ordered goods or services, or appointment reminders
• "When a live operator introduces the message, provided the call is immediately terminated if the called party says he is not interested"
• by charities to prior or interested donors
• to persons with a "pre-existing business relationship"
• relating to certain regulated sales
• "Pursuant to a political campaign"
• for emergency notifications

LPSC rules on recorded messages and wireless numbers. The General Order's terms include ADAD-style requirements:

• "Consent must be given by the called party prior to the initiation of any message."
• Identification of the caller's name, telephone number, and firm "Immediately after the called party answers" and again at the end of the call.
• Attended equipment, a 10-second disconnect, and no random or sequential dialing.

The Order also lists numbers to which "No call will be placed." The list includes emergency providers and "any telephone number assigned to a paging service, cellular or mobile telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call," unless the call is made with the recipient's prior express consent.

6. Text messages

Neither the statute nor the Order expressly mentions SMS. The statutory definition of "telephonic solicitation" covers "any voice or data communication." The 2021 General Order defines it as "the initiation of a telephone call or message, via any voice or data communication." That language is broad enough to support coverage of marketing texts to residential subscribers. No Louisiana court decision or LPSC ruling applying the do not call law to texts was located.

7. Caller ID and spoofing

Identification code. La. R.S. 45:844.2(A)(1) directs the LPSC to ensure that any telephone solicitor contacting "any residential or mobile telephone subscriber" possesses an identification code that will appear on caller ID, and that "will correctly identify the name of the telephone solicitor and a phone number where the solicitor can be reached during normal business hours." Under subsection (B), "no telephone solicitor may use any device which blocks a caller identification unit or otherwise conceals or misrepresents the identity of the telephone solicitor." Off-site callers for 501(c)(3) organizations need not identify the organization (La. R.S. 45:844.2(C)). The LPSC may impose "a civil penalty not to exceed five hundred dollars for each violation" (La. R.S. 45:844.3). The General Order implements this by prohibiting solicitors "from knowingly using telephone equipment or telecommunications network elements to block or otherwise interfere with caller ID functions."

Caller ID Anti-Spoofing Act. La. R.S. 51:1741.4(A) provides:

It shall be unlawful for a caller to knowingly insert false information into a caller identification system with the intent to mislead, defraud, deceive, cause harm, or wrongfully obtain anything of value.

"False information" means data that misrepresents the caller's identity "using a telephone number that is currently assigned to another telephone user." It excludes the case where a person making an authorized call on behalf of another inserts the name or number of the person on whose behalf the call is made (La. R.S. 51:1741.3(3)). The chapter does not apply to "Any blocking of caller identification information," to law enforcement and intelligence agencies, to licensed private investigators and process servers, or to manipulation authorized by court order (La. R.S. 51:1741.4(B)).

Remedies are in La. R.S. 51:1741.5:

A. Whoever violates the provisions of this Chapter shall be subject to injunctive relief, treble damages, court costs, and reasonable attorney fees. B. Any person or entity who is adversely affected by a violation of this Chapter may bring an action against a person who knowingly inserts false information into a caller identification system with the intent to cause harm to, wrongfully obtain anything of value from, mislead, defraud, or deceive the recipient of a telephone call.

The Attorney General or a district attorney "may bring an action against a violator for injunctive relief and to recover a civil penalty of up to ten thousand dollars per violation" (La. R.S. 51:1741.5(C)).

Two differences from federal law stand out. The Louisiana ban is narrower in that blocking is allowed. The federal Telemarketing Sales Rule (TSR) separately requires telemarketers to transmit caller ID, barring "Failing to transmit or cause to be transmitted the telephone number, and, when made available by the telemarketer 's carrier, the name of the telemarketer , to any caller identification service in use by a recipient of a telemarketing call." The LPSC rules also prohibit blocking for telephonic solicitors. Second, the state statute gives a private damages action. The federal Truth in Caller ID provision (47 U.S.C. § 227(e)) is enforced by the government.

8. Telephonic sellers: registration, bond, contract and cancellation

The Telephonic Sellers law applies to a narrower group than the do not call law. A "telephonic seller" is a person who causes a telephone solicitation, with either party located in Louisiana, where the seller represents or implies certain things (La. R.S. 45:822(A)(8)). They include:

• a purchaser will receive additional items without further cost
• a prize or gift tied to a purchase or payment
• prices below the regular price
• office supplies at below-usual prices because of an unusual event
• the seller or supplier is someone else
• precious metals, gems, minerals, oil and gas interests, "or any other investment opportunity of any type whatsoever"

It also covers calls in response to unrequested notifications that claim the recipient was specially selected or will receive a prize. La. R.S. 45:822(B) lists about 20 exemptions. They include securities sellers, licensed real estate and insurance professionals, newspapers, prior-customer calls under the same business name, face-to-face sales, supervised financial institutions, LPSC- and cable-regulated companies, publicly traded issuers, established retail stores, and catalog sellers.

Registration. La. R.S. 45:823(A)(1) provides:

Not less than ten days prior to doing business in this state, a telephonic seller shall register with the department by filing with the consumer protection section of the department the information required by R.S. 45:824 and tendering a filing fee of one hundred fifty dollars.

Registration is valid for one year and is renewed with another $150 fee (La. R.S. 45:823(B)). The Attorney General's registration page confirms: "All telephonic sellers must register annually with the Louisiana Department of Justice at least ten days prior to doing any business in this state." A salesperson who solicits for an unregistered seller "is guilty of a misdemeanor punishable by imprisonment in the parish jail for not more than six months, by a fine not exceeding two thousand five hundred dollars, or by both" (La. R.S. 45:826).

Bond. "Every telephonic seller shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of fifty thousand dollars in favor of the state of Louisiana" (La. R.S. 45:829(A)). Premiums worth $500 or more require ten days' advance notice to the Attorney General and an additional bond (La. R.S. 45:829(B)).

Disclosures. For prize, metals, oil and gas, and office supply offers, the seller must give the purchaser the street address of the calling location and specified information before a sale (La. R.S. 45:825(A)). The seller may not refer to its compliance with the chapter (La. R.S. 45:825(B)).

Written contract and no payment first. La. R.S. 45:831(A) provides that a purchase "shall be final only upon receipt by the seller of a written contract which is signed by the purchaser." The contract must include the item description, value, terms, and odds. It must also carry, in at least 12-point type immediately before the signature line, the statement "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE TELEPHONIC SELLER." Under La. R.S. 45:831(C), the seller "shall not seek or receive compensation of any nature from a purchaser, including submitting a charge to a credit card account of a purchaser, until the telephonic seller receives the signed contract."

Cancellation and refunds. "The purchaser shall have the right to cancel any contract with a telephonic seller within three business days after the purchaser receives the confirmation required by this Section" (La. R.S. 45:831(E)). If the seller violates the chapter or fails to deliver within 30 days, the purchaser may cancel and must be repaid within 14 days (La. R.S. 45:831(F)). The written contract requirements do not apply where the seller gives a full refund for returns within seven days (La. R.S. 45:831(G)). La. R.S. 45:832 provides refunds, credits, or replacements for defective or misrepresented items. La. R.S. 45:833 voids waivers of these rights.

Penalties. Willful violations and fraudulent schemes are crimes punishable "By a fine not exceeding ten thousand dollars for each unlawful transaction," by imprisonment, or both (La. R.S. 45:827). The remedies are cumulative with other law (La. R.S. 45:828).

9. Private right of action, damages and prescription

Do not call law. Chapter 8-H assigns enforcement to the LPSC, and we located no private damages provision in it; no case addressing the point was found. Consumers who receive calls in violation of the do not call rules usually sue under the federal TCPA, 47 U.S.C. § 227(c)(5), and file complaints with the LPSC.

ADAD statute. La. R.S. 45:817 provides:

B. The district attorney of the parish in which or from which automated calls in violation of this Chapter are made or received may seek injunctive relief and recover such statutory damages and attorney fees as provided by this Section. Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this Chapter on behalf of others similarly situated. C. When an individual or corporation is found to be in violation of this Chapter in a civil action, a court shall assess a civil penalty against the offending party in the amount of one thousand dollars for each call made in violation of this Chapter.

The $1,000 per call penalty "shall be paid into the general fund of this state," and "The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney fees." On the statute's text, the private remedy under the ADAD statute appears to be injunctive relief, including on behalf of others similarly situated, plus fees for a prevailing party. The per-call money goes to the state.

Anti-spoofing action. An adversely affected person may sue for injunctive relief, treble damages, costs, and attorney fees (La. R.S. 51:1741.5). The statute does not set a measure of damages. A federal magistrate judge's 2023 report in Strange v. Davis, discussed below, noted that the version in effect until July 31, 2018 allowed recovery of "the greater of three times the amount of actual damages or five thousand dollars per violation," and that "The current version of the statute does not contain the $5,000 statutory penalty."

LUTPA. La. R.S. 51:1409(A) allows "Any person who suffers any ascertainable loss of money or movable property" from a practice unlawful under La. R.S. 51:1405 to sue "individually but not in a representative capacity to recover actual damages." Damages are trebled only "If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general." A successful plaintiff receives reasonable attorney fees and costs. The action "shall be subject to a liberative prescription of one year running from the time of the transaction or act which gave rise to this right of action" (La. R.S. 51:1409(E)).

10. LPSC and Attorney General enforcement

La. R.S. 45:844.15(A) provides:

If, after investigating such complaint, the commission finds that there has been a violation of this Chapter, the commission, after notice and hearing, shall impose an administrative penalty against the telephonic solicitor not to exceed one thousand five hundred dollars for each violation. If the violation is committed against a residential telephonic subscriber over the age of sixty-five, then the commission, after notice and hearing, shall impose a penalty not to exceed three thousand dollars for each violation.

A solicitor who refuses to pay is assessed collection costs and attorney fees (La. R.S. 45:844.15(B)). Under the General Order, the LPSC may impose up to $1,500 "for each call violation" against a subscriber under 65 and up to $3,000 for a subscriber "at the age of sixty-five or older." An unregistered solicitor found to have called a listed number "shall be subjected to an administrative penalty not to exceed ten thousand dollars ($10,000)," and the same $10,000 maximum applies to unlawful sharing of the list. The LPSC "may consider mitigating circumstances presented by the Telephonic Solicitor."

Safe harbor. La. R.S. 45:844.17 protects a registered solicitor that shows "the violation is a result of unintended error" and meets five standards:

1. written procedures
2. trained personnel
3. a call log and internal do not call list
4. registration and use of "both state and national registries"
5. a process to avoid misuse of the list

Other enforcement. The Attorney General enforces the Telephonic Sellers law and LUTPA, and may seek up to $10,000 per violation under the anti-spoofing statute. ADAD violations are misdemeanors punishable by a fine "not more than five hundred dollars or imprisoned for not more than thirty days or both" (La. R.S. 45:817(A)).

How Louisiana law differs from federal law

Where Louisiana is stricter. The Sunday, holiday, and 8 p.m. limits are among the most restrictive in the country. They apply even to calls exempt from the list, other than polling and political calls. Mandatory state registration with fees, the call log requirement, the emergency-period ban, ADAD permits and bonds, and the telephonic seller contract and bonding rules have no federal counterpart. Charitable organizations that use paid professional solicitors lose the nonprofit exemption.

Where Louisiana is looser. The do not call statute has no private damages remedy. The ADAD consent model allows per-call consent through a live operator or keypad, which falls short of the federal written consent standard for prerecorded telemarketing. The 10-second disconnect is longer than the federal 5 seconds. Federal law still applies in each case.

Where Louisiana is the same. The Louisiana list incorporates the national registry. The anti-spoofing statute, like 47 U.S.C. § 227(e), requires intent to mislead, defraud, cause harm, or wrongfully obtain value.

Notable enforcement and case law

Strange v. Davis, No. 2:19-cv-02494-MSN-atc (W.D. Tenn. Feb. 17, 2023) (report and recommendation as to damages). Strange v. Davis (W.D. Tenn. 2023) After a default judgment on TCPA and Louisiana anti-spoofing claims by a Louisiana resident, a magistrate judge addressed damages under La. R.S. 51:1741.5. The report observed that the statute "subjects offenders to treble damages but does not specify the measure of those damages." It noted that the earlier version allowing $5,000 per violation was removed in 2018. It concluded that damages fall under the discretionary general damages article of the Civil Code. Finding no ascertainable damages from the spoofing and doubting that the plaintiff could recover under both the TCPA and the Louisiana statute for the same conduct, the report recommended no award beyond a single $500 TCPA award, which it recommended not be trebled. The report is a magistrate judge's recommendation. Its first page identifies it as such, and the order adopting it was not reviewed for this page.

No published Louisiana appellate decision applying La. R.S. 45:844.11 to 844.17, the ADAD statute, or the Telephonic Sellers law to a telemarketing dispute was located. LPSC enforcement occurs through administrative proceedings that are not collected in a public case reporter.

Recent amendments

• No amendment to La. R.S. 45:810 to 817, 45:821 to 833, 45:844.1 to 844.3, or 45:844.11 to 844.17 enacted from 2023 through 2026 was identified. The history notes on the official pages end with Acts 2021, No. 114 (La. R.S. 45:844.14, effective July 1, 2022) and Acts 2012, No. 82 (La. R.S. 45:844.12).
• LPSC General Order R-35852 (decided February 17, 2021). It amended and superseded the 2006 Do Not Call General Order. Its stated purpose was to address inconsistencies "between the Louisiana regulations and those of the federal Do Not Call program as they relate to communications constituting political activity and public opinion research." The current text exempts polling and political calls from the hours rule and limits express requests to the requested entity and reasonably expected affiliates.
• Acts 2018, No. 652 (SB 204). It amended the Caller ID Anti-Spoofing Act, La. R.S. 51:1741.1, 1741.2, 1741.4(A), and 1741.5. It added the court-order exception, restructured the remedies, and set the Attorney General's civil penalty at up to $10,000 per violation. According to Strange v. Davis, it removed the former $5,000 per violation statutory damages alternative effective August 1, 2018.
• Acts 2018, No. 501. It amended La. R.S. 45:844.31. The current text excludes the American Red Cross and Louisiana-based nonprofit community blood centers from the emergency-period ban.

Compliance checklist

• Register with the LPSC Do Not Call program, as an independent or principal solicitor, before making any telephonic solicitation to Louisiana residents. Register each entity with a separate federal tax ID, and renew each calendar year.
• Purchase the Louisiana list, scrub against it and the national registry, and load each quarterly update by the first day of the next quarter.
• Call only between 8 a.m. and 8 p.m. local time, Monday through Saturday. Never call on Sundays or Louisiana legal holidays (check the LPSC holiday list, including Mardi Gras and proclaimed days).
• Monitor LPSC emergency notices and suspend solicitations during a declared state of emergency unless an exception applies.
• Keep a 12-month call log with number, date, and time, plus an internal do not call list and written procedures, to qualify for the La. R.S. 45:844.17 safe harbor.
• Display a caller ID name and number where the solicitor can be reached; never block or falsify caller ID.
• For recorded message campaigns, obtain an LPSC ADAD permit and $10,000 bond. Use attended equipment, identify the caller within 25 seconds and at the end, disconnect within 10 seconds (5 seconds under federal law), and avoid random or sequential dialing. Do not place calls to wireless numbers without prior express consent (prior express written consent for telemarketing under federal law).
• If your pitch involves prizes, gifts, below-regular prices, or investments, register as a telephonic seller with the Department of Justice and post the $50,000 bond. Obtain a signed written contract before taking payment, and honor the three-business-day cancellation right.
• Treat business relationships as expired six months after they end for Louisiana purposes.
• Never share the Louisiana list with unregistered parties, including scrubbing vendors that are not registered.

References

• La. R.S. 45:810, https://legis.la.gov/Legis/Law.aspx?d=100114
• La. R.S. 45:811, https://legis.la.gov/Legis/Law.aspx?d=100115
• La. R.S. 45:812, https://legis.la.gov/Legis/Law.aspx?d=100116
• La. R.S. 45:813, https://legis.la.gov/Legis/Law.aspx?d=100117
• La. R.S. 45:816, https://legis.la.gov/Legis/Law.aspx?d=100120
• La. R.S. 45:817, https://legis.la.gov/Legis/Law.aspx?d=100121
• La. R.S. 45:822, https://legis.la.gov/Legis/Law.aspx?d=100123
• La. R.S. 45:823, https://legis.la.gov/Legis/Law.aspx?d=100124
• La. R.S. 45:825, https://legis.la.gov/Legis/Law.aspx?d=100126
• La. R.S. 45:826, https://legis.la.gov/Legis/Law.aspx?d=100127
• La. R.S. 45:827, https://legis.la.gov/Legis/Law.aspx?d=100128
• La. R.S. 45:829, https://legis.la.gov/Legis/Law.aspx?d=100130
• La. R.S. 45:831, https://legis.la.gov/Legis/Law.aspx?d=100132
• La. R.S. 45:832, https://legis.la.gov/Legis/Law.aspx?d=100133
• La. R.S. 45:833, https://legis.la.gov/Legis/Law.aspx?d=100134
• La. R.S. 45:844.1, https://legis.la.gov/Legis/Law.aspx?d=100144
• La. R.S. 45:844.2, https://legis.la.gov/Legis/Law.aspx?d=100150
• La. R.S. 45:844.3, https://legis.la.gov/Legis/Law.aspx?d=100151
• La. R.S. 45:844.11, https://legis.la.gov/Legis/Law.aspx?d=100145
• La. R.S. 45:844.12, https://legis.la.gov/Legis/Law.aspx?d=100146
• La. R.S. 45:844.13, https://legis.la.gov/Legis/Law.aspx?d=100147
• La. R.S. 45:844.14, https://legis.la.gov/Legis/Law.aspx?d=100148
• La. R.S. 45:844.15, https://legis.la.gov/Legis/Law.aspx?d=100149
• La. R.S. 45:844.16, https://legis.la.gov/Legis/Law.aspx?d=285520
• La. R.S. 45:844.17, https://legis.la.gov/Legis/Law.aspx?d=285521
• La. R.S. 45:844.31, https://legis.la.gov/Legis/Law.aspx?d=207496
• La. R.S. 45:844.32, https://legis.la.gov/Legis/Law.aspx?d=207497
• La. R.S. 45:844.33, https://legis.la.gov/Legis/Law.aspx?d=207499
• La. R.S. 51:1405, https://legis.la.gov/Legis/Law.aspx?d=104029
• La. R.S. 51:1409, https://legis.la.gov/Legis/Law.aspx?d=104033
• La. R.S. 51:1741.3, https://legis.la.gov/Legis/Law.aspx?d=671488
• La. R.S. 51:1741.4, https://legis.la.gov/Legis/Law.aspx?d=671489
• La. R.S. 51:1741.5, https://legis.la.gov/Legis/Law.aspx?d=671490
• Acts 2018, No. 652 (SB 204), https://www.legis.la.gov/legis/ViewDocument.aspx?d=1103643
• LPSC Do Not Call General Order, Docket R-35852, https://www.lpsc.louisiana.gov/docs/DNC/General-Order-3-10-2021-R-35852.pdf
• LPSC Do Not Call Program, https://www.lpsc.louisiana.gov/DNC
• LPSC Frequently Asked Questions for Telephone Solicitors, https://www.lpsc.louisiana.gov/DNC_SolicitorFAQ
• LPSC 2026 Holiday Schedule, https://www.lpsc.louisiana.gov/DNC_Holidays
• Louisiana Attorney General, Telephonic Seller Registration, https://ag.louisiana.gov/Page/TelephonicSellers
• Strange v. Davis, No. 2:19-cv-02494 (W.D. Tenn. 2023), https://www.govinfo.gov/content/pkg/USCOURTS-tnwd-2_19-cv-02494/pdf/USCOURTS-tnwd-2_19-cv-02494-0.pdf
• 47 U.S.C. § 227, https://www.law.cornell.edu/uscode/text/47/227
• 47 C.F.R. § 64.1200, https://www.law.cornell.edu/cfr/text/47/64.1200
• 16 C.F.R. § 310.4, https://www.law.cornell.edu/cfr/text/16/310.4

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.