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STOP!: STATE OF EMERGENCY IN LOUISIANA FREEZES MARKETING CALLS– HERE’S WHAT CALLERS NEED TO KNOW

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Well folks the Governor of Louisiana declared a state of emergency today ahead of the expected landfall of Tropical Storm/Hurricane Laura and Tropical Depression 14/Tropical Storm/Hurricane Marco.

Obviously all of us here at TCPAworld.com are rooting for everyone in the path of those storms to come out of this safe and sound.

For callers–particularly marketers–making calls to consumers within the state of Louisiana it is important to take note of the impact of this declaration of emergency on your ability to call.

Take a look at Louisiana Laws Revised Statutes Section 45:844.31.

Per that section, “[d]uring a state of emergency as declared by the governor, no telephonic solicitor shall engage in telephonic solicitation except [as specified below.]”

The statute broadly defines telephonic solicitation to include “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, except for the American Red Cross.”

So if you’re calling residential numbers in Louisiana and you aren’t the Red Cross, look out.

Some key exemptions, however:

So although unsolicited marketing calls must cease, the great residents of the State of Louisiana can still expect to receive unsolicited political robocalls. Fun.

As always: i) this blog is not legal advice, just trying to inform–consult a lawyer if you have concerns or need help with this stuff; and ii) the TCPA and the National DNC and TSR rules are also lurking ADDITIONAL bodies of law. Just because this Emergency Declaration does not apply to you–if that is the case–does NOT mean you are in the clear to make calls.

Always around to chat.

 

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