On June 8, 2023, House Bill 61 providing for consent of a legal representative of a minor who contracts with certain parties was sent to the Governor of Louisiana for signature, following its passage, on June 6, 2023, by the Louisiana State Senate and passage, on April 27, 2023, by the Louisiana House of Representatives.

Definitions

Specifically, 'interactive computer service' is defined as 'any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.'

'Minor' is defined as 'any person under the age of eighteen who is not emancipated,' while 'account' is provided to include 'any website, application, or similar electronic means by which users are able to create and share information, ideas, personal messages, and other content, including texts, photos, and videos, or to participate in social networking, gaming, or a similar online service.'

Consent of a minor

The bill stipulates that no interactive computer service shall enter into a contract or other agreement, including the creation of an online account, with a minor without obtaining the consent of the legal representative of the minor. However, the interactive computer service may rely on the consent of the legal representative of the minor to enter into a contract or agreement, including the creation of an online account, with a minor, unless the interactive computer service knows, or reasonably should know that the legal representative is no longer authorized to represent the minor.

Further, according to the bill, any contract or agreement entered into without the consent of the legal representative of the minor shall be a relative nullity.

In addition, the bill clarifies that nothing shall bar third parties to obtain the consent of the legal representative, including the consent of the legal representative as to multiple minors and multiple interactive computer services.

You can read the bill here and track its progress here.

Update: June 30, 2023

Bill on minor's consent signed by Governor

On June 28, 2023, the bill was signed by the Governor of Louisiana as Act No. 440. The Act enters into effect on March 1, 2024.

You can read the bill here and view its history here.