Personalized advertising, AI-generated copy, deepfakes in marketing materials. Here is what Louisiana businesses need to know in 2026.
Louisiana does not yet have a specific law for this use case, but HB 312 — AI Transparency. Proposed mandatory disclosures when AI makes consequential decisions affecting Louisiana residents.
State law does not replace federal law — you must comply with both. These federal rules apply to ai marketing nationwide:
Louisiana's HB 312 — AI Transparency often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Louisiana is August 1, 2026. The law is still developing — monitor for final rules.
Louisiana penalties for AI non-compliance: TBD. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Louisiana's HB 312 — AI Transparency applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai marketing, consider hiring an independent third-party auditor to validate compliance.
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