From Hurricanes to Wildfires: States Restrict Telemarketing in Emergencies

With Hurricane Erin making landfall on the East Coast today, many businesses are scrambling to adjust operations. One area that often gets overlooked during natural disasters is telemarketing compliance. In some states, it’s actually illegal to make certain sales calls during a declared state of emergency.

Louisiana has one of the broadest rules. When the governor declares an emergency, “telephonic solicitations” are prohibited. That term covers almost any sales call to a residential subscriber, whether it’s to encourage a purchase, extend credit, or even gather information that might later be used for solicitation.

It also includes charitable donation requests, with one exception: the American Red Cross. The rule is not absolute, however. Calls made in response to a consumer’s request or where there is an existing business relationship remain permitted. The Louisiana Public Service Commission posts notices when these restrictions take effect and when they are lifted.

New York’s restriction is narrower but still significant. During a declared state of emergency or disaster, businesses may not make unsolicited telemarketing sales calls to anyone in the affected area. This includes live or prerecorded calls intended to sell goods or services. Exceptions are built in for calls made in response to a customer’s request or where there is an established business relationship. Unlike Louisiana, New York does not restrict charitable solicitations.

Even when the law allows certain calls, companies should consider whether reaching out during a disaster is the right business decision. Consumers dealing with a hurricane, wildfire, or flood may not respond well to a sales pitch. Sometimes the best move is to pause outreach until conditions stabilize.