Legal Definitions - Louisiana

When discussing legal matters, Louisiana refers to the specific body of state laws and regulations enacted by the State of Louisiana that govern various aspects of life and commerce within its borders. The provided statutes highlight Louisiana's approach to regulating digital communication, consumer protection, and certain criminal activities.

• Commercial Email and Spam:

  Louisiana law, specifically La. Rev. Stat. Ann. §§ 51:2001 et seq. and § 51:1407, regulates the sending of unsolicited commercial electronic mail (spam) and grants the Louisiana Attorney General powers to enforce these provisions. These laws aim to protect consumers from unwanted and deceptive marketing emails.

  • Example 1: A small online retailer based in Baton Rouge sends out a mass email campaign to potential customers, but fails to include a clear and conspicuous mechanism for recipients to opt out of future emails.

    Explanation: This action could violate Louisiana's commercial email statutes, which typically require an opt-out option in unsolicited commercial emails, allowing recipients to stop receiving messages.

  • Example 2: A company operating out of New Orleans sends emails advertising a "free vacation" but the subject line deceptively states "Your Account Has Been Compromised," intending to trick recipients into opening the email.

    Explanation: Such deceptive practices in commercial email, particularly misleading subject lines, are often prohibited under anti-spam laws like those in Louisiana, which aim to prevent fraud and protect consumers.

• Telemarketing and Telephonic Anti-Solicitation:

  Louisiana has comprehensive laws, including the Consumer Telemarketing Protection Act of 1991 (La. Rev. Stat. Ann. §§ 45:810 et seq.) and other related statutes (La. Rev. Stat. Ann. §§ 45:821 et seq., §§ 45:844.8 et seq., §§ 45:844.31-33, § 45:1166), designed to protect residents from unwanted telemarketing calls. These laws often establish "do not call" registries and set rules for how telemarketers must operate.

  • Example 1: A national telemarketing firm calls a Louisiana resident to sell a new insurance policy, despite the resident having registered their phone number on the Louisiana "Do Not Call" list several months prior.

    Explanation: This action would likely violate Louisiana's telemarketing anti-solicitation laws, which prohibit telemarketers from contacting individuals who have opted out of receiving such calls.

  • Example 2: A political campaign uses an automated dialing system to make prerecorded calls to thousands of Louisiana phone numbers without obtaining prior consent from the recipients.

    Explanation: Louisiana's telemarketing statutes often regulate the use of automatic dialing systems and prerecorded messages, typically requiring consent for such calls, especially for commercial or unsolicited purposes.

• Fax Anti-Solicitation:

  Louisiana law, specifically La. Rev. Stat. Ann. §§ 51:1745 et seq., prohibits the sending of unsolicited advertisements to fax machines. These laws are intended to prevent businesses and individuals from receiving unwanted promotional materials that consume their resources (paper, toner) and tie up their fax lines.

  • Example 1: A local restaurant faxes its daily specials menu to dozens of businesses in its area without first obtaining their permission to send promotional faxes.

    Explanation: This unsolicited fax advertisement would be a violation of Louisiana's fax anti-solicitation laws, which generally require prior consent before sending commercial faxes.

• Pornography:

  Louisiana law, particularly La. Rev. Stat. Ann. § 14:106, defines and prohibits certain acts related to obscenity and pornography, with a strong focus on protecting minors. These statutes address the creation, distribution, and possession of obscene materials.

  • Example 1: An individual in Louisiana is found to be distributing sexually explicit images of minors through an online messaging platform.

    Explanation: This act would constitute a severe violation under Louisiana's pornography and obscenity laws, which strictly prohibit the distribution of child pornography.

  • Example 2: A store owner in a residential neighborhood openly displays magazines containing graphic sexual content that is deemed obscene under community standards, making it easily accessible to children.

    Explanation: The public display and distribution of material legally defined as obscene, especially in a manner accessible to minors, could be prosecuted under Louisiana's obscenity statutes.

• Computer-Related Crime:

  Louisiana law, found in La. Rev. Stat. Ann. §§ 14:73.1 et seq., addresses various crimes committed using computers or against computer systems. These statutes cover offenses such as unauthorized access, data alteration, and computer fraud.

  • Example 1: A former IT employee of a company in Shreveport uses their old credentials to remotely access the company's server and delete critical financial records after being terminated.

    Explanation: This action would fall under Louisiana's computer-related crime statutes, specifically addressing unauthorized access and intentional damage or alteration of computer data.

  • Example 2: An individual uses a phishing scam to trick multiple Louisiana residents into revealing their banking login credentials, which are then used to illegally transfer funds from their accounts.

    Explanation: While involving elements of fraud, the use of computers and networks to perpetrate such a scheme would be covered by Louisiana's computer-related crime laws, which address offenses like computer fraud and unauthorized access to obtain property.