Louisiana telemarketing & SMS rules for insurance agents

Subject to the exceptions in La. R.S. 45:816, Louisiana makes consumer sales calls by automated dialer or live operator unlawful on Sundays and state holidays and outside 8:00 a.m.–8:00 p.m. Monday through Saturday (R.S. 45:811) — an hour earlier than the federal 9:00 p.m. cutoff (47 C.F.R. § 64.1200(c)(1)) — and the Public Service Commission’s Do Not Call General Order R-29617 applies the same window at the called party’s local time. Telephonic solicitors doing business in Louisiana must obtain the Commission’s do-not-call list, which includes Louisiana consumers on the national registry, and must register with the Commission to get it (R.S. 45:844.13(A)(2), 45:844.14(A)(3)). Persons licensed or certified under R.S. 22:65 are excluded from the separate telephonic-seller chapter when the solicited transaction is governed by that law (R.S. 45:822(B)(4)), but no insurance exclusion was found in the do-not-call statute or the General Order.

Louisiana regulates telephone solicitation under the Consumer Telemarketing Protection Act of 1991 and Telephone Solicitation Relief Act of 2001 (La. R.S. 45:810–817, 45:822, 45:844.11–844.15; LPSC General Order R-29617), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-14.

What time can I call in Louisiana?

8:00 a.m. to 8:00 p.m., Monday through Saturday. La. R.S. 45:811(2) makes it unlawful to use automated dialing (ADAD) equipment or a live operator to make consumer sales calls when "Such use is other than between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday." The statute does not say whose local time applies. Public Service Commission General Order R-29617, § V(A)(2), says "No calls will be placed between the hours of 8:00 P.M. and 8:00 A.M. Monday through Saturday. (Local time at the call party’s location.)" and § V(A)(1) applies those terms whether or not a telephonic solicitor is granted a do-not-call exception. The statute’s own exceptions in R.S. 45:816 are discussed in the insurance field.

Are there Sunday or holiday restrictions in Louisiana?

Yes. R.S. 45:811(3) makes ADAD or live-operator sales calls unlawful when "Such use is on days declared to be a state holiday, or Sundays." General Order R-29617, § V(A)(2), says "No calls will be placed on Sunday or Legal Holidays." Neither text lists the holidays. The General Order also bars all telephonic solicitation during a governor-declared state of emergency while the Commission is required to report to the Emergency Operations Center, with solicitation under the Order’s exceptions permitted once the Commission is released from that duty (§ V(A)(3)).

What consent does Louisiana require before the first call or text?

No signed written-consent requirement was found in R.S. 45:810–817, 45:844.11–844.15 or General Order R-29617. R.S. 45:811(1) makes an ADAD or live-operator sales call unlawful when "Consent is not received prior to the invitation of the calls as specified in the provisions of R.S. 45:812." Under R.S. 45:812, a person may give consent to an ADAD call when a live operator introduces the call and states an intent to play a recorded message, or through an ADAD feature that lets the person indicate consent, and that consent applies only to that particular call. General Order R-29617, § V(A)(4), repeats that rule and adds that "Consent must be given by the called party prior to the initiation of any message." Section V(A)(12)(b) of the Order also says no call will be placed to a cellular or mobile number "unless the call is made pursuant to the recipient’s prior express consent"; the Order does not define that term.

Does Louisiana treat texting differently from calling?

Unclear. No provision in R.S. 45:810–817 or 45:844.11–844.15 mentions text messages by name. The do-not-call chapter defines "telephonic solicitation" as "any voice or data communication" made to a residential telephonic subscriber for a sales purpose (R.S. 45:844.12(6)), and General Order R-29617 defines it as "the initiation of a telephone call or message, via any voice or data communication" (§ II(I)). Whether that reaches SMS is not stated in the text and should be confirmed with counsel.

Does Louisiana have its own do-not-call list?

Yes. R.S. 45:844.13(A)(2) directs the Public Service Commission to keep a single Louisiana "do not call" list that also includes Louisiana consumers on the National Do Not Call Registry. A telephonic solicitation to a residential telephonic subscriber whose number is on the Commission’s current list, "or the National Do Not Call Registry, if applicable," is prohibited except as authorized by the chapter or the Federal Do Not Call Law (R.S. 45:844.14(C)). The statutory definition of telephonic solicitation excludes calls made in response to the person’s express request, calls primarily about an existing debt or contract not yet completed, and calls to a person with an existing business relationship or one that ended within six months, among others (R.S. 45:844.12(6)); no insurance exclusion appears in that list. The General Order requires telephonic solicitors to update their lists quarterly (§ V(C)(5)) and keep a 12-month call log (§ V(C)(6)).

Do I need to register to solicit in Louisiana?

Yes, with the Public Service Commission. Telephonic solicitors doing business in Louisiana must obtain the do-not-call list (R.S. 45:844.14(A)(3)(a)), and to obtain it must register with the Commission, pay any registration fee it requires and supply required documentation (R.S. 45:844.14(A)(3)(b)). General Order R-29617, § V(C)(1), states that compliance with the National Do Not Call Registry "does not preempt registration requirements" for the Louisiana program. The October 2006 Order sets the list fee at $400 and an independent registration at $400 a year, and a principal registration at $800 a year plus fees to register dependent solicitors (§ V(C)(2)(e)–(f)); it also says the registration fee may be revised on notice in the Commission’s Official Bulletin (§ V(C)(2)). The Commission’s undated Solicitor FAQ gives common totals of $800 for an independent registration and $1,700 for a principal registration with a minimum number of dependents. Separately, R.S. 45:813 requires a Commission permit and a $10,000 surety bond before using ADAD equipment to call Louisiana numbers, though the Commission may waive the bond for an operator that demonstrates financial responsibility (R.S. 45:813(A)(3)), and R.S. 45:813(G) applies the registration and bond provisions to companies or individuals using live operators to make calls under R.S. 45:811. The Department of Justice telephonic-seller chapter excludes persons licensed or certified under R.S. 22:65 when the solicited transaction is governed by that law (R.S. 45:822(B)(4)); that chapter’s registration requirements are not covered on this page.

Are licensed insurance agents exempt in Louisiana?

Partly and conditionally. R.S. 45:822(B)(4) excludes from "telephonic seller" a person "licensed or certified pursuant to R.S. 22:65," including persons licensed under R.S. 22:1541 et seq., "when the solicited transaction is governed by that law." No insurance exclusion was found in the do-not-call definitions (R.S. 45:844.12(6)) or in the exceptions listed in General Order R-29617, § II(I), and the Order’s hours and Sunday terms apply whether or not an exception is granted (§ V(A)(1)). For the 1991 Act’s hours and Sunday rule, R.S. 45:816(7) says the chapter does not apply "to contractual sales regulated by any other provision of the Louisiana Revised Statutes of 1950 or to the sale of financial services"; whether an insurance sale falls within that language is not answered by the text and is a question for counsel.

What are the penalties in Louisiana?

Under R.S. 45:817(A), a person who violates the 1991 Act (including the hours and Sunday rules) shall be fined not more than $500, imprisoned for not more than 30 days, or both. When a violation is found in a civil action, the court "shall assess a civil penalty" of $1,000 for each violating call, paid into the state general fund, and the prevailing party is entitled to necessary expenses and reasonable attorney fees (R.S. 45:817(C)); the district attorney, and individuals receiving automated calls, may seek injunctive relief (R.S. 45:817(B)). For do-not-call violations, the Commission, after notice and hearing, imposes an administrative penalty of not more than $1,500 per violation, or not more than $3,000 where the subscriber is over the age of sixty-five (R.S. 45:844.15(A)). The General Order provides a penalty of not more than $10,000 for an unregistered solicitor found to have called a listed number (§ V(E)(1)(c)). No private damages action was found in R.S. 45:844.11–844.15.

Controlling statute

Consumer Telemarketing Protection Act of 1991 and Telephone Solicitation Relief Act of 2001 — La. R.S. 45:810–817, 45:822, 45:844.11–844.15; LPSC General Order R-29617

Other things that change the answer

R.S. 45:816 lists calls the 1991 Act does not restrict, including calls "When a live operator introduces the message, provided the call is immediately terminated if the called party says he is not interested" (45:816(4)) and calls "To any person with whom the caller had a pre-existing business relationship" (45:816(6)). How paragraph (4) interacts with the live-operator hours rule in R.S. 45:811 is not explained in the text and should be confirmed with counsel. The 1991 Act covers calls selling goods, services or property "primarily for personal, family, or household use," as well as calls for conducting polls or soliciting information (R.S. 45:811). General Order R-29617 was decided October 11, 2006 and signed October 26, 2006; its penalty tiers use "under the age of sixty-five" and "at the age of sixty-five or older" (§ V(E)(1)(a)–(b)), while the statute uses "over the age of sixty-five" (R.S. 45:844.15(A)). The Commission’s Solicitor FAQ gives the same $1,500 and $3,000 penalty caps and describes the $10,000 unregistered-solicitor fine as an additional fine that may be assessed.

Sources

• La. R.S. 45:810 — Definitions (Consumer Telemarketing Protection Act of 1991)primary source
• La. R.S. 45:811 — Prohibited practices (hours, Sundays, holidays)primary source
• La. R.S. 45:812 — Agreement of consent to receive callsprimary source
• La. R.S. 45:813 — Registration with the commission; bondprimary source
• La. R.S. 45:816 — Exceptions to useprimary source
• La. R.S. 45:817 — Violations; penalties; civil remediesprimary source
• La. R.S. 45:822 — Definitions (telephonic sellers)primary source
• La. R.S. 45:844.12 — Definitions (Telephone Solicitation Relief Act of 2001)primary source
• La. R.S. 45:844.13 — Duties of the commissionprimary source
• La. R.S. 45:844.14 — Listing procedures; prohibited actsprimary source
• La. R.S. 45:844.15 — Violations; penaltiesprimary source
• Louisiana Public Service Commission — Do Not Call Program General Order (R-29617)primary source
• Louisiana Public Service Commission — DNC Solicitor FAQprimary source
• 47 C.F.R. § 64.1200 — Delivery restrictions (federal calling hours)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.