The Louisiana Do Not Call Telephone Solicitation Relief Act of 2001 directs the
Louisiana Public Service Commission to promulgate regulations and to compile and maintain a
"Do Not Call Register." The Register consists of telephone numbers of
Louisiana residential telephone subscribers who have elected to reduce telephone
solicitations. Business numbers may not be included on the list. The law
requires the "Do Not Call Register" to be operational by January 1, 2002.
The law prohibits those attempting to sell consumer
goods and services by telephone from calling telephone numbers that appear on the "Do
Not Call" Register. However, there are some exemptions. These
exemptions generally include calls made:
-
In response to an express request of the person called. For purposes of
this Order, in the case of property or services advertised and offered to sale
directly by the owner or provider thereof, if such advertisement or offer contains
the phone number of the owner or provider or its authorized representative, then such
advertisement or offer shall be deemed to be an "express request" by the
owner or provider for inquiries relating to the sale or purchase of such
property or services. This authorization expires six months after the
"express request" is granted.
- Primarily in connection with an existing debt or contract, payment or
performance of which has not been completed at the time of such call.
- 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 (6) months of such call, except by a person or business
that conducts automobile sales and does not complete the sales presentation
during the telephone solicitation and is made in contemplation of the sales
presentation being completed at a later face-to-face meeting between the
telephonic solicitor and the person contacted and where the contacted person
has previously made purchases from the automobile dealership.
- On behalf of an organization, which has non-profit 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).
- For the purpose of conducting marketing research, public
opinion polling, or similar activities that do not involve telephonic
solicitation or selling or obtaining information that will or may be used
for telephonic solicitation or selling.
- Constituting political activity. For the purposes of this
Order, calls constituting political activity are defined as calls made for
the sole purpose of urging support for or opposition to a political
candidate or ballot issue provided that the callers identify themselves; or
calls made for the sole purpose of conducting political polls or soliciting
the expression of opinions, ideas or votes; or calls made by any newspaper
or periodical in the state, which is qualified to be the official journal of
the state or any parish, municipality, school board, or other political
subdivision, as provided by Chapters 2 and 4 of Title 43 of the Louisiana
Revised Statutes of 1950.
- Without completing or attempting to complete a sale, said sale to be completed only
after a face-to face meeting between the telephonic solicitor and the person
called at the telephonic solicitor's primary place of business or at another
location selected by the purchaser. The call must be the result of a
referral of the person called to the telephonic solicitor, or be placed to
an individual who is personally known to the telephonic solicitor. If placed
as a result of a referral, the telephonic solicitor must provide to the
person called the name of the person who made the referral. If the person
called does not wish to be called after such initial call, then the
telephonic solicitor shall not call that person and shall maintain a list of
such persons. This exemption shall not apply if directly following the sale
the telephonic solicitor attempts to deliver an item or collect payment from
the person called or caused another to do so.
For more information on exemptions, see the Frequently
Asked Questions for Consumers.
To register for the Do Not Call program please click
here.
