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Louisiana

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$500

Registration

Not Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Louisiana

Real estate investor cold calling and SMS compliance in Louisiana

Guide last reviewed: January 2025

⚠

Mini-TCPA State — La. R.S. § 45:844.11 et seq.

Louisiana imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $500 per-violation penalties.

Louisiana REI Wholesaling Overview

Louisiana is a MODERATE-TO-HIGH risk state for REI wholesalers with several unique traps. The headline issues: (1) The 6-month EBR window is one-third of the federal standard — if your last deal with a property owner was more than 6 months ago, you are cold calling under Louisiana law. (2) The ADAD definition is broader than federal — post-Duguid, the feds only cover random/sequential dialers, but Louisiana covers ANY system that automatically selects and dials numbers from a list. Your CRM auto-dialer qualifies. (3) The 8 PM cutoff and Sunday ban are stricter than federal law. (4) Hurricane season emergency declarations can shut down all telemarketing with no notice — you need a real-time kill switch. (5) Louisiana's solicitation definition explicitly includes investment in property, so the 'we are buying not selling' argument is dead on arrival. Practical path: (1) Register with LPSC ($400/year); (2) Manual dialing, 8 AM to 8 PM Mon-Sat only; (3) Scrub state AND federal DNC quarterly; (4) Use referral exemption where possible — disclose the referral source; (5) Monitor emergency declarations; (6) Written consent before any automation.

Penalty/Violation

$500

Willful

$1,500

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with the Louisiana Public Service Commission (LPSC) DNC program — $400 annual fee,If using any ADAD/autodialer equipment, obtain LPSC permit with $10,000 surety bond BEFORE connecting equipment,Download and scrub against BOTH the Louisiana state DNC list AND the federal National DNC Registry — LPSC updates quarterly,Manual dialing for cold outreach — calling hours 8 AM to 8 PM Monday through Saturday ONLY,NO calls on Sundays or Louisiana state holidays — this is stricter than federal law,Monitor governor emergency declarations — ALL telemarketing must stop immediately during declared emergencies,Identify yourself, your company, and purpose within 30 seconds of call start,Louisiana EBR window is only 6 months (not federal 18 months) — track your EBR dates carefully,Obtain prior express written consent before any automated calling, texting, or prerecorded messages,Louisiana ADAD definition is broader than federal — covers systems dialing from preset lists, not just random dialers,Consent under Louisiana law is PER-CALL only for ADAD equipment — blanket consent may not suffice,Honor opt-out requests immediately and maintain internal DNC list,Referral calls are allowed if you disclose who referred you,Do NOT spoof caller ID — Anti-Spoofing Act penalties include treble damages and $10,000 per violation,Enhanced penalties ($3,000/violation) for calling subscribers over age 65,Maintain call records for at least 2 years,Telephonic solicitation explicitly includes investment in property — REI wholesaling is squarely within scope

What Gets Companies Sued

✗Top violations for REI wholesalers: (1) Not registering with the LPSC at all ($10,000 fine); (2) Calling on Sundays or after 8 PM (stricter than federal 9 PM cutoff); (3) Using automated systems without LPSC ADAD permit and $10,000 bond; (4) Relying on an 18-month EBR window when Louisiana only allows 6 months; (5) Continuing to call during hurricane season emergency declarations; (6) Calling DNC-registered subscribers over 65 ($3,000 per violation); (7) Spoofing caller ID with local numbers; (8) Using autodialers that dial from lists, thinking they are safe under the federal Duguid narrowing.

Special Exemptions

Referral exemption is particularly useful for REI wholesalers — if another investor refers a property owner, you can call them with disclosure. EBR from a prior transaction allows manual calling for only 6 months. Express request exemption survives even during states of emergency. Louisiana's solicitation definition explicitly includes encouraging investment in property, so there is no argument that buying real estate is outside the statute's scope.

Key State Rules

Mini-TCPAYes

RegistrationNot Required

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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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 →