Current with changes from the 2024 Legislative Session
Section 9:2717.2 - Legal representative consent in contracts between a minor and an interactive computer serviceA.(1) It is declared to be the public policy of this state that minors are to be protected in the online environment and that interactive computer services shall be discouraged from contracting with minors without the consent of a legal representative.(2) No interactive computer service shall enter into a contract , including the creation of an online account, with a minor without obtaining the consent of the legal representative of the minor. B. Any contract entered into between a minor and an interactive computer service without the express consent of the legal representative of the minor shall be a relative nullity. The confirmation of a contract that is relatively null in accordance with this Section shall be express and in writing.C. Nothing in this Section shall bar the use of 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.D. Nothing in this Section shall supersede or modify the provisions relative to contracts made pursuant to Chapter 2 of Title IV of Book III of the Civil Code .
E. For the purposes of this Section:(1) "Account" means 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.(2) "Consent" means having the written authority of a legal representative of a minor to permit the minor to enter into a contract with the interactive computer service.(3) "Interactive computer service" means 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.(4) "Legal representative" means any of the following: (a) A parent with legal authority over a minor.(b) The tutor of the minor as confirmed or appointed by the court.(5) "Minor" means any person under the age of eighteen who is not emancipated. Acts 2023, No. 440, §1, eff. Aug. 1, 2024.Amended by Acts 2024, No. 16,s. 1, eff. 5/8/2024.Added by Acts 2023, No. 464,s. 1, eff. 8/1/2023.§2717.2 eff. Aug. 1, 2024. See Acts 2023, No. 440.