Member Alert: Louisiana Ends Emergency Do Not Call Provisions from Hurricane Ida; What Callers Need to Know


Prohibitions on collection calls are no longer in place effective 6 p.m. CST, Friday. Sept. 17. ACA International advises members to use their discretion and consult with counsel before contacting consumers in areas impacted by a natural disaster. Editor’s note: This article is available for members only.

9/17/2021 13:30

The Louisiana Public Service Commission (LPSC) announced Friday temporary restrictions for callers using automatic dialing and announcing devices (ADADs), including collection agencies, will no longer be in place effective at 6 p.m. CST.

When there is a state of emergency in Louisiana, under the Louisiana Public Service Commission’s Do Not Call (DNC) Program General Order, collection calls on existing debts may continue, however that exemption under the definitions portion of the DNC order (II.I.2) is stayed during a declaration of emergency that triggers LPSC reporting to the Emergency Operations Center.

For the duration of a state of emergency, calling is prohibited and the emergency do-not-call restrictions prohibit even those excepted calls.

“Although considered telephonic solicitation, exceptions are granted to voice or data communications for the [calls made] . . . . [p]rimarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call,” the general order states.

Among the blanket rules: “During a state of emergency as declared by the governor, while the office of Homeland Security and Emergency Preparedness requires the commission to report to the Emergency Operations Center (“EOC”), no telephonic solicitor [including normally-excepted debt collectors] shall engage in any form of telephonic solicitation.”

ACA International encourages members to use their judgment and discretion when contacting consumers who may still be impacted by the state of emergency at this time and consult with their counsel for guidance if needed.

There are certain prohibitions for users of ADADs during a state of emergency.

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.

Angela Czerlanis, ACA’s learning and development specialist, has a few tips on communicating with consumers impacted by a natural disaster to help shape your response plan.

To receive notifications about ACA content—including member alerts, upcoming events and new products—text ALERTS to 96997. Message and data rates may apply. Message frequency will vary. To opt-out at any time, reply STOP to any message we send.

This site uses cookies. By continuing to use our site, you are agreeing to our use of cookies. Review our Privacy Policy for more information. You may change your preferences on how cookies are stored by reviewing the settings on your browser.

The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. By continuing to use our site, you are agreeing to the legal disclaimers in our Terms of Use. Review our Terms of Use for more information.

Friendly Reminder

Get continued access to ACA International’s wide array of resources, which can help you become more profitable, compliant and successful.

Renew your membership today to take advantage of tools you won’t find anywhere else:

  • Discounts on seminars, products, services and events
  • Resources to strengthen your compliance department
  • Industry-specific risk management products and services
  • Participation in ACA’s online community, The Hub
    Members-only website content
  • Professional development and training opportunities, and so much more!

If you have completed your renewal, please disregard this reminder.