On May 15, 2026, the Louisiana Governor signed HB 977 (Bill) into law, delaying the effective date of the Louisiana App Store Accountability Act (ASAA) by one year, to July 1, 2027. The amendments to the Louisiana ASAA come amid ongoing First Amendment challenges to similar laws in other states, and resemble recent developments in Utah, where Utah’s ASAA’s effective date was likewise postponed from May 6, 2026, to May 7, 2027.
Background on the Louisiana ASAA and Legal Challenges Against ASAAs
The ASAAs are novel frameworks for imposing parental consent obligations on both app stores and app developers, conceived of as protections for users under 18 (minors). Utah was the first state to pass an ASAA; Texas, Louisiana, and Alabama followed. The ASAAs are largely consistent across these states. In Louisiana, the just-passed updates mean there are a set of “before” and “after” requirements. Initially, key requirements for app developers in the statute’s original form included (1) verifying user age categories using app-store-provided signals (or other appropriate data sources); (2) requiring minors’ app store accounts to be linked with parents’ app store accounts; and (3) obtaining verifiable parental consent before allowing a minor to download the app, purchase the app, or make an in-app purchase.
The ASAAs have been subject to active legal challenges, although Louisiana’s ASAA has not yet been a direct target. For example, Texas’s ASAA took effect on January 1, 2026, but enforcement is currently preliminarily enjoined, pending resolution of a First Amendment challenge in Texas federal court. Utah’s ASAA, originally scheduled to take effect on May 6, 2026, faced a similar challenge. But the challenge was withdrawn following legislative amendments delaying the law’s effective date to May 6, 2027, and removing its regulatory enforcement mechanism. Each challenge has generally argued that ASAA requirements impose unconstitutional burdens on online speech by restricting the dissemination, curation, or access to protected content.
Key Changes Under the Bill
The Bill formally repeals and reenacts the Louisiana ASAA with a revised effective date of July 1, 2027. While it largely preserves the original compliance framework, it introduces several targeted refinements, including the following:
- Age Signal Conflict Rule. The Bill clarifies that where a developers’ internal age data conflicts with an app store-provided age signal, the developer may rely on the app store signal unless it has actual knowledge that its internal data is more accurate. In that case, the developer must use its internal data or apply the more restrictive (i.e., lower) age classification.
- “Family Account” Exception. Th Bill introduces a new concept of “family account applications,” which are applications that (1) offer subaccounts or profiles within the application; (2) require a paid subscription or account creation with payment method verification; (3) do not permit account creation by minors; and (4) use a commercially available, reasonably designed method to verify that the primary accountholder is an adult. For family account applications, developers may use the age range of the primary accountholder to apply age-related safety defaults or features and permit the primary accountholder to attest the age categories of associated subaccounts.
- Refined Developer Verification Obligation. The Bill narrows developers’ age range verification obligation by focusing on app store-provided signals. Previously, developers were required to verify age using both app store signals and “other sources” they deemed appropriate (without further guidance as to what such “other sources” may or should be). Under the revised framework, reliance on app store-provide signals is sufficient.
- Clarification on Parental Consent Obligations. The original statute, on its face, required developers to independently (1) affiliate minors’ app store accounts with parents’ app store accounts; and (2) obtain verifiable parental consent for minors’ app downloads or purchases or in-app purchases. There was confusion on whether developers could rely on app store-provided information to satisfy the parental-account affiliation and verifiable parental-consent obligations. The Bill removes this ambiguity by eliminating language suggesting standalone developer obligations for parental account affiliation and verifiable parental consent. Developers may rely on parental consent signals provided by app stores.
- Removal of Emergency Services Carveout. The Bill eliminates the prior exemption for certain applications providing direct access to emergency services, such as 911 or crisis hotline. This change may reflect legislative sensitivity to First Amendment challenges arguing application type-based exemptions indicate content-based speech restrictions.
What Comes Next
With this delay, app stores and app developers will not be subject to the Louisiana ASAA obligations until July 1, 2027. In the interim, Alabama’s ASAA, currently staled to take effect on January 1, 2027, would – as long as it is also not delayed – become the next significant implementation benchmark.
Developments and legal challenges surrounding ASAAs underscore the evolving and unsettled nature of minors’ online safety and age verification laws, particularly as legislatures respond to ongoing constitutional challenges. Companies should maintain a flexible compliance posture and closely monitor legal and regulatory developments. Coordination between legal teams, monitoring compliance updates, and IT teams, responsible for implementation, is critical.
Alston & Bird’s Privacy, Cyber & Data Strategy Team will continue to monitor developments relating to minors’ privacy, online safety, and age verification requirements. Please contact us if you have any questions.
