Louisiana Consent Requirements
What consent you need before calling or texting consumers in Louisiana
Mini-TCPA State — Stricter than Federal
Louisiana has enacted La. R.S. § 45:844.11 et seq. which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Louisiana for affected channels. You must obtain consent specifically naming your company.
ATDS Definition Broader than Federal
Louisiana uses a broader definition of automated dialing equipment than the federal TCPA post-Facebook v. Duguid. More dialing systems may trigger consent requirements under state law.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | Yes | Not Sufficient |
| SMS | Written Consent Required | Required | Yes | Valid |
| AI Voice | Written Consent Required | Required | Yes | Not Sufficient |
| Prerecorded | Written Consent Required | Required | Yes | Valid |
| Ringless Voicemail | Written Consent Required | Required | Yes | Valid |
| MMS | Written Consent Required | Required | Yes | Valid |
| Fax | Written Consent Required | No | No | Not Sufficient |
Channel Details
Voice Call
Notes
Manual voice calls to non-DNC numbers require prior express consent. Must register with LPSC and pay $400 annual fee. Calling hours 8 AM to 8 PM Monday through Saturday — NO Sunday calls. Must identify yourself, company, and purpose within 30 seconds. Louisiana's 6-month EBR window is notably shorter than the federal 18-month standard. Enhanced penalties ($3,000) for calling subscribers over 65. No calls during governor-declared states of emergency.
ATDS Definition
Louisiana defines ADAD equipment as any device that automatically selects or dials telephone numbers and disseminates recorded messages. This is BROADER than the federal post-Duguid ATDS definition because it does not require a random or sequential number generator — systems dialing from pre-set lists are covered.
Exemptions
EBR exemption for manual calls (6-month window — shorter than federal 18 months). Referral calls permitted with disclosure. Must register with LPSC ($400/year).
Statute
La. R.S. 45:844.11-844.15; La. R.S. 45:811
SMS
Notes
SMS marketing requires prior express written consent when using automated systems. Louisiana does not have a separate state SMS statute — federal TCPA is primary. However, the Fifth Circuit Bradford v. Sovereign Pest Control ruling (Feb 2026) found oral consent may suffice under TCPA in the Fifth Circuit (TX, LA, MS) — though written consent remains best practice for evidentiary reasons. FCC one-to-one consent rule applies. Louisiana's broader ADAD definition means automated texting platforms are more likely to be caught than under federal standards.
ATDS Definition
Louisiana's ADAD definition covers any device that automatically selects or dials numbers and disseminates messages. Automated texting platforms that select numbers and send messages would fall under this definition. Louisiana does not have a separate state-level SMS marketing statute.
Exemptions
Transactional texts to existing customers within 6-month EBR may be exempt from DNC restrictions but still require TCPA compliance.
Statute
La. R.S. 45:810-811; 47 U.S.C. § 227
AI Voice
Notes
AI voice calls require prior express written consent in Louisiana. The FCC's 2024 ruling confirmed AI-generated voices are artificial/prerecorded under TCPA. Louisiana's broad ADAD definition independently captures AI systems. ADAD operators must obtain an LPSC permit with $10,000 surety bond. Calling hours 8 AM to 8 PM Monday through Saturday only. Consent is per-call only under Louisiana law — blanket consent for future AI calls may not satisfy the state statute. No calls during states of emergency.
ATDS Definition
AI-generated voice calls fall under Louisiana's ADAD restrictions and the FCC's February 2024 ruling classifying AI voice as artificial or prerecorded voice under TCPA. Louisiana's broader ADAD definition makes AI voice calls clearly within scope even without the FCC ruling.
Statute
La. R.S. 45:810-813; FCC Declaratory Ruling (Feb 2024)
Prerecorded
Notes
Prerecorded messages to Louisiana consumers require prior express written consent. Must state caller name and phone number within first 25 seconds AND at conclusion of call. Must provide automated opt-out mechanism. System must disconnect within 10 seconds after called party hangs up. ADAD permit from LPSC required with $10,000 bond. Calling hours 8 AM to 8 PM Mon-Sat only. Consent is PER-CALL only — a single consent does not authorize future prerecorded calls under Louisiana law.
ATDS Definition
Prerecorded messages are explicitly covered by Louisiana's Consumer Telemarketing Protection Act. The law specifically addresses devices that disseminate recorded messages. Prior consent required and is per-call only.
Exemptions
Emergency and government notifications may be exempt. Existing contract/debt calls exempt.
Statute
La. R.S. 45:810-813
Ringless Voicemail
Notes
RVM is not specifically mentioned in Louisiana statute but is covered under the broad ADAD definition (automated delivery of recorded messages). The FCC confirmed RVM is a call under TCPA. Conservative approach: treat as requiring prior express written consent. LPSC ADAD permit likely required. No Sunday or holiday delivery.
ATDS Definition
Ringless voicemail is not explicitly addressed in Louisiana statute but falls under the ADAD provisions as automated message delivery. The FCC's declaratory ruling confirms RVM is a call under TCPA requiring consent.
Statute
La. R.S. 45:810-811; FCC Declaratory Ruling (Nov 2022)
MMS
Notes
MMS marketing follows the same rules as SMS. Prior express written consent required for automated sending. No separate Louisiana MMS statute.
ATDS Definition
MMS messages are treated identically to SMS under Louisiana law and federal TCPA.
Exemptions
Same exemptions as SMS.
Statute
La. R.S. 45:810-811; 47 U.S.C. § 227
Fax
Notes
Fax advertising follows federal TCPA rules. Prior express written consent required for unsolicited commercial faxes. EBR exemption available with opt-out notice on each fax.
ATDS Definition
Fax communications are primarily governed by federal TCPA. Louisiana does not have a separate state fax advertising statute.
Exemptions
EBR exemption under federal law with opt-out notice on each fax.
Statute
La. R.S. 45:844.11; 47 U.S.C. § 227
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →