Best Media, Technology and Telecoms Lawyers in Lafayette

About Media, Technology and Telecoms Law in Lafayette, United States

Lafayette, Louisiana is home to a growing mix of media producers, software firms, digital marketers, and network operators. The city is notable for LUS Fiber, one of the first municipal fiber-to-the-home networks in the country, and for an active creative community that produces film, music, and online content. Media, technology, and telecoms law in Lafayette spans multiple layers of rules. Federal law covers copyrights, trademarks, telecommunications, privacy for children, robocalls, and internet platform liability. Louisiana state law governs defamation, anti-SLAPP protections, data breach notification, non-compete agreements, consumer protection, public records, student privacy, gaming advertising limits, and age verification for adult content. Local ordinances and permitting rules in Lafayette address filming on public property, right-of-way access for fiber and small cell facilities, signage and zoning, and utility coordination.

Because many issues cut across federal, state, and local jurisdictions, businesses and creators often need a lawyer who understands how these rules interact in real-world projects like launching an app, running an influencer campaign, deploying network infrastructure, or responding to a data incident.

Why You May Need a Lawyer

Contracting and deal work. You may need help drafting or negotiating production agreements, music licenses, software-asa-service agreements, end-user licenses, terms of use, privacy policies, and master service agreements. Louisiana contract law has civil law roots and unique requirements that affect drafting and enforcement, including rules for non-compete clauses and indemnities.

Content clearance and disputes. Media creators and publishers face defamation, copyright, and right-of-publicity risks. Counsel can clear rights for music, footage, trademarks, and talent, and can defend or assert claims such as takedowns, fair use, or parody. In Louisiana, defamation claims have a short filing deadline, so early advice is critical.

Privacy and data security. Companies that collect personal information from Louisiana residents must comply with state breach notification requirements, federal children’s privacy rules, payment card standards, and sector-specific confidentiality rules. Counsel can build compliance programs, draft incident response plans, and manage investigations and notifications after a breach.

Advertising and marketing. Influencer campaigns, endorsements, text message outreach, and email marketing must comply with Federal Trade Commission advertising rules, Federal Communications Commission robocall and robotext rules, and the Louisiana Unfair Trade Practices and Consumer Protection Law. Counsel can structure campaigns, disclosures, and consent flows to reduce risk.

Telecom and infrastructure. Network operators and contractors need help with right-of-way access, pole attachment agreements, small cell siting, franchise obligations, construction permits, and compliance with FCC timelines. Local counsel can navigate Lafayette Consolidated Government processes and coordinate with LUS Fiber and other utilities.

Employment and founder matters. Startups and tech employers often need enforceable non-compete and non-solicitation agreements, confidentiality and invention assignment agreements, and practical guidance on Louisiana’s strict non-compete framework.

Government and public records. If you work with public entities or a municipal utility, you may face public records requests, open meetings requirements, and procurement rules. Counsel can help protect trade secrets and handle disclosures properly.

Local Laws Overview

Defamation and anti-SLAPP. Louisiana recognizes defamation claims and generally applies a one-year prescriptive period for delictual actions. Louisiana’s anti-SLAPP law, Code of Civil Procedure Article 971, allows early dismissal of suits that target free speech on matters of public concern and can shift fees to the prevailing party.

Public records and open meetings. The Louisiana Public Records Act applies broadly to records held by public bodies, including municipal utilities. Businesses contracting with such entities often need to mark confidential trade secrets and follow statutory procedures to protect them. The Open Meetings Law governs deliberations of public bodies.

Recording and newsroom practices. Louisiana is a one-party consent state for recording private conversations, meaning one party to the call or meeting may consent to recording. Secret recordings that violate the statute can create civil and criminal exposure.

Privacy and data incidents. Louisiana’s Database Security Breach Notification Law requires reasonable security measures and mandates consumer notifications without unreasonable delay and within 60 days of determining that a breach occurred, subject to limited law enforcement delays. The law applies to computerized data that includes personal information such as Social Security numbers, driver’s license numbers, or financial account credentials.

Age verification for adult content. Louisiana law requires commercial entities that publish or distribute material harmful to minors on the internet to use reasonable age verification methods before granting access. Publishers and platforms with significant adult content must implement compliant verification and data minimization practices.

Student data and minors. The Louisiana Student Privacy Act restricts how education entities and their vendors collect and use student information. Businesses offering edtech services to Louisiana schools must incorporate contract terms and technical controls that meet statutory requirements.

Consumer protection and advertising. The Louisiana Unfair Trade Practices and Consumer Protection Law prohibits unfair or deceptive acts. Influencer and endorsement content must include clear and conspicuous disclosures. Gambling and sports wagering promotions are regulated and must comply with state advertising restrictions and parish approvals.

Telemarketing and texting. The Telephone Consumer Protection Act governs autodialed texts and calls, and the Louisiana Public Service Commission administers a state do-not-call program. Marketing texts usually require prior express written consent and cannot be sent to numbers on applicable do-not-call lists.

Telecom and right-of-way. Fiber builds, small cell deployments, and other facilities in Lafayette typically require right-of-way permits, traffic control plans, and building and electrical permits from Lafayette Consolidated Government. FCC small cell orders set timelines and fee limits that local processes must observe. Coordination with LUS Fiber and pole owners is often required.

Non-competes and trade secrets. Louisiana non-compete agreements are enforceable only if narrowly tailored to specific parishes or municipalities, limited in time, and otherwise compliant with Louisiana Revised Statutes 23:921. The Louisiana Uniform Trade Secrets Act protects confidential business information and provides remedies for misappropriation.

Sales tax and digital goods. Louisiana sales and use tax is administered by the state and local parishes. Remote sellers that exceed economic nexus thresholds must register with the state’s centralized commission for remote sellers. Taxability of software, downloads, and SaaS can vary, so businesses should obtain tailored tax advice.

Frequently Asked Questions

Is Louisiana a one-party consent state for recording conversations?

Yes. In Louisiana, one party to a private conversation may consent to its recording. Recording conversations that you are not a party to, or using devices to secretly intercept communications, can violate state and federal law. Always obtain consent when in doubt and post clear notices when recording in workplaces or studios.

How risky is defamation for social media posts in Lafayette?

Defamation claims can arise from false statements that harm someone’s reputation. Opinion is generally protected, but stating false facts can create liability. Louisiana applies a one-year prescriptive period for defamation claims, so demands and suits may come quickly. Preserve posts and messages, avoid deleting potential evidence, and consult counsel before responding.

Does Louisiana have an anti-SLAPP law that protects speech?

Yes. Code of Civil Procedure Article 971 lets defendants file a special motion to strike suits aimed at speech on matters of public concern. If granted, the court dismisses the claim and may award attorney’s fees. Media outlets, bloggers, and community advocates often rely on this tool to defend against meritless suits.

How fast must I notify people after a data breach in Louisiana?

Louisiana’s breach law requires notification without unreasonable delay and no later than 60 days after determining a breach occurred, unless law enforcement requests a delay. You must also notify certain consumer reporting agencies if the breach affects a threshold number of residents. A lawyer can help scope the incident and craft compliant notices.

Do websites need to verify user age for adult content in Louisiana?

Yes. Louisiana law requires reasonable age verification for websites that publish or distribute material harmful to minors. Covered sites must implement verification methods that do not retain unnecessary personal data. Noncompliance can lead to civil liability. Publishers should update terms, privacy notices, and vendor arrangements to reflect this requirement.

What permits are needed to install small cells or fiber in Lafayette?

Expect to obtain right-of-way permits from Lafayette Consolidated Government, along with traffic control plans, building and electrical permits, and historic district approvals where applicable. You must also coordinate with pole owners for attachment rights and comply with FCC small cell timelines. Local counsel can streamline pre-application meetings and submission packages.

Are text message marketing campaigns allowed in Louisiana?

They are allowed only with proper consent and compliance. The TCPA generally requires prior express written consent for autodialed marketing texts. The Louisiana Public Service Commission runs a state do-not-call program that also applies to texts in many scenarios. Maintain robust consent records, provide clear opt-outs, and audit vendors regularly.

How do non-compete agreements work for tech employees in Louisiana?

Louisiana non-competes must be narrowly tailored. They must specify the parishes or municipalities where they apply, be limited in time, and protect legitimate business interests. Overbroad restrictions are often struck down. Use separate non-solicitation and confidentiality provisions to protect customer relationships and trade secrets.

Do I need to collect sales tax on software or SaaS sold to Lafayette customers?

It depends on the product and its characterization under Louisiana and local rules. Some software and downloads may be taxable, while certain services may not be. Remote sellers that meet economic nexus thresholds must register and collect tax. Because rules are nuanced and parish-level administration adds complexity, obtain tax guidance for your specific offerings.

Who regulates telecom providers that serve Lafayette?

The Federal Communications Commission regulates interstate communications and many wireless services. The Louisiana Public Service Commission oversees intrastate telecommunications and the state do-not-call program. Locally, Lafayette Consolidated Government manages right-of-way permits and infrastructure siting, and LUS Fiber operates the municipal broadband network.

Additional Resources

Louisiana Public Service Commission for intrastate telecom, do-not-call, and utility matters. Lafayette Consolidated Government for right-of-way, small cell, building, zoning, signage, and filming permits. LUS Fiber for municipal broadband coordination and utility locates. Louisiana Attorney General Consumer Protection Section for advertising and unfair trade practices guidance. Louisiana Secretary of State for business entity filings and state trademark registration. Louisiana Office of Broadband Development and Connectivity for statewide broadband initiatives. Louisiana Office of Film and Television Development for production incentives and filming support. U.S. Copyright Office for copyright registration. United States Patent and Trademark Office for patents and federal trademarks. Federal Communications Commission for telecom licensing and robocall rules. Better Business Bureau Serving Acadiana for dispute resolution and marketplace best practices.

Next Steps

Clarify your goals and risks. Write a short summary of your project or issue, including timelines, stakeholders, data you collect, third-party vendors, and any communications or demand letters received. This will help a lawyer triage quickly.

Preserve evidence. Save contracts, emails, messages, call logs, logs from your website or app, and access records. Do not alter or delete content that may be relevant. Implement a legal hold if you expect litigation.

Avoid admissions and unmanaged fixes. Do not publish public statements, contact an opposing party, or push code changes that could destroy logs without first consulting counsel. For breaches, time and sequencing matter.

Engage qualified local counsel. Look for a lawyer with media-technology-telecom experience in Louisiana who understands federal overlays and Lafayette processes. Ask about incident response capability, contract drafting depth, and permitting experience if you plan network builds.

Align insurance and vendors. Notify your insurer if you face a claim or data incident. Confirm your marketing, hosting, and security vendors will support investigations and provide necessary records.

Plan compliance updates. Based on counsel’s advice, update your policies, consent flows, contracts, and playbooks. For infrastructure work, schedule a pre-application meeting with Lafayette Consolidated Government and assemble drawings, pole data, traffic plans, and timelines.

This guide is for general information only and is not legal advice. Laws change and facts matter. Consult a licensed Louisiana attorney for advice tailored to your situation.