To text or send ringless voicemail to sales leads in Louisiana, you need prior express written consent (PEWC) under the federal TCPA (47 CFR 64.1200(f)(9)) — a purchased list is not consent. Send only during 8:00 AM – 8:00 PM at the recipient's local time, honor STOP opt-outs immediately, and include your business name. Louisiana's key statute is La. Rev. Stat. 45:844.11 et seq., and it carries a private right of action (recipients can sue directly). Louisiana also restricts storm/insurance-claim solicitation (see below).
| Consent for automated marketing | Prior express written consent (PEWC) — 47 CFR 64.1200(f)(9) |
|---|---|
| Quiet hours | 8:00 AM – 8:00 PM — Stricter — 1 hour earlier cutoff than federal 9 PM |
| State EBR exemption | No state EBR exemption |
| State DNC registry | Yes — scrub against the state list |
| Private right of action | Yes — recipients can sue directly |
| Penalties | $500 or actual; treble for willful |
| Storm / insurance-claim restriction | During declared state of emergency, additional restrictions on telemarketing for storm damage repair, insurance, or construction services. La. Rev. Stat. 45:844.11. |
| Call-recording consent | One-party consent |
| Risk tier | High |
| Key statute | La. Rev. Stat. 45:844.11 et seq. |
Yes. Automated marketing texts (and ringless voicemail) require prior express written consent (PEWC) under the federal TCPA, 47 CFR 64.1200(f)(9), in every state including Louisiana. A purchased lead list is not consent.
In Louisiana, send marketing messages only 8:00 AM – 8:00 PM at the recipient's local time. Stricter — 1 hour earlier cutoff than federal 9 PM
During declared state of emergency, additional restrictions on telemarketing for storm damage repair, insurance, or construction services. La. Rev. Stat. 45:844.11.
Yes — Louisiana provides a private right of action, so recipients can sue you directly in addition to the federal TCPA ($500–$1,500 per violation).
An EBR (18 months from a purchase, 3 months from an inquiry) only exempts you from the Do-Not-Call registry — it does not replace PEWC for automated marketing. You still need written consent to send automated texts or voicemail.