Louisiana Revised Statutes 45:844.17 – Safe harbor
Terms Used In Louisiana Revised Statutes 45:844.17
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Telephonic 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 telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.12
Any telephonic solicitor registered in compliance with La. Rev. Stat. 45:844.16 shall not be liable for violating this Chapter if the telephonic solicitor can demonstrate that the violation is a result of unintended error and that as part of its routine business practice, it meets the following standards:
(1) The telephonic solicitor has established and implemented written procedures to comply with this Chapter.
(2) The telephonic solicitor has trained its personnel, and any entity assisting in its compliance, in procedures established pursuant to this Chapter.
(3) The telephonic solicitor has maintained a call log of numbers called for solicitation purposes in either chronological or numerical order, and records and maintains an internal “do not call” list for those numbers that may not be contacted.
(4) The telephonic solicitor is registered and uses both state and national registries to prevent telephonic solicitations to any telephone number on any list established or mandated to be used pursuant to this Chapter.
(5) The telephonic solicitor uses a process to ensure that it does not sell, rent, lease, purchase, or use any applicable “do not call” database, or any part thereof, for any purpose except in compliance with this Chapter and any state or federal law preventing telephonic solicitations to telephone numbers registered as pertaining to this Chapter.
Acts 2004, No. 857, §1, eff. July 12, 2004.