The order applies certain prohibitions to collections calls through Sept. 20, 2020.
9/1/2020 15:00
The Louisiana Public Service Commission (LPSC) and Gov. John Bel Edwards have declared a state of emergency due to Hurricane Laura through Sept. 20, 2020, meaning temporary restrictions for callers using Automatic Dialing and Announcing Devices (ADAD), including collection agencies, are in place.
Upon review, ACA International concluded that although the Louisiana Public Service Commission’s Do Not Call Program General Order does exempt debt collectors from the order’s definition of “telephonic solicitors,” the order nevertheless applies certain prohibitions to collections calls, including a prohibition on calling for purposes of debt collection during a declared state of emergency and for users of ADADs.
In Louisiana, ADAD means any device or system of devices, which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected and dialed.
The LPSC order states in Section V(A)(1) that certain “terms and conditions for residential telephonic solicitation apply whether or not the telephonic solicitor is granted an exception” (emphasis added) under the order’s definitions in Section II(I)(1-8). Those terms and conditions impose a prohibition on telephonic solicitation during a state of emergency declared by the governor. See Section V(A)(3) of the order.
The state of emergency is in effect through Sept. 20, 2020, unless terminated sooner. The prohibition on telephonic solicitations will remain in effect until the Louisiana Emergency Operations Center releases the LPSC from this mandatory reporting status.
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