Louisiana 2020 2020 Regular Session

Louisiana House Bill HB379 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 379 Original	2020 Regular Session	Deshotel
Abstract:  Regulates the assignment of wireless cell phone numbers by wireless telecommunication
service providers to consumers when the service is for use by a minor.
Proposed law enacts the Louisiana Wireless Cell Phone Number Assignment for Minors Protection
Act.
Proposed law defines the terms "consumer" and "wireless telecommunication service provider" for
the purposes of proposed law in order to provide for clarification.
Proposed law requires wireless telecommunication service providers to inform consumers of how
recently a wireless cell phone number was assigned to a prior holder of the number prior to assigning
the number to the consumer when the consumer indicates that the service will be used by a minor.
Further, at the consumer's request, proposed law requires the wireless telecommunication service
provider to assign a different wireless cell phone number, free of charge, when the wireless cell
phone number that the provider will assign was used by a prior holder of the number within the last
365 days of the date of the reassignment.
Proposed law clarifies that proposed law is applicable only when the consumer is obtaining wireless
telecommunication service that will be used by a minor.
Proposed law declares that a consumer obtaining services for use by a minor has the right to be
informed if the wireless cell phone number that will be assigned to the minor was assigned to a prior
holder of the number within the last 365 days and the right to request a different number without
being charged.  Proposed law requires wireless telecommunication service providers to disclose the
consumer's rights pursuant to proposed law on the provider's website or in any other form that is
reasonably accessible to consumers.
Proposed law prohibits wireless telecommunication service providers from discriminating against
a consumer because the consumer exercised any of the consumer's rights under proposed law.
Proposed law authorizes a consumer to bring a civil action to recover actual damages and attorney
fees and costs incurred as a result of a wireless telecommunication service provider's failure to
implement proposed law.  However, when the court finds that the consumer's civil action is
groundless and brought in bad faith or to harass, the court may award the wireless
telecommunication service provider attorney fees and costs. (Adds R.S. 51:3171-3176)