reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1418. Jurisdiction

RS 51:1418 - Jurisdiction
A. A consumer transaction or modification of a consumer transaction is made in this state when: (1) a writing signed by the consumer and evidencing the obligation is received by the merchant in this state, or when (2) the merchant negotiates in this state personally or by mail, telephone or otherwise, for a transaction with a consumer consummated outside the state.
B. Notwithstanding any other provision of law to the contrary, this Act applies if the consumer is a resident of this state at the time of the consumer transaction and either of the conditions specified in Subsection A of this section are present.
C. The following terms of a writing executed by a consumer are invalid with respect to consumer transactions or modifications thereof: (1) that the law of another state will apply; (2) that the consumer consents to the jurisdiction of another state; or (3) any term that fixes venue.
Added by Acts 1972, No. 759, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1419. Disclosure of service charges; forfeiture

RS 51:1419 - Disclosure of service charges; forfeiture
Any person who is in the business of making house calls for the purpose of repairing home appliances shall disclose to the person requesting his services the amount of the service charge for which the person will be billed. Such service charge shall be defined as the fee charged for making the house call only and shall not include any charges for actual repair work done on any appliance. Disclosure must be made in advance and before any work is actually done. Failure to make the disclosure as provided for herein shall result in forfeiture of the right to collect the service charge.
Acts 1993, No. 88, §1, eff. Jan. 1, 1994.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1420. Deceptive trade practices; telephone directories and databases; penalties

RS 51:1420 - Deceptive trade practices; telephone directories and databases; penalties
A.(1) No person shall misrepresent the geographical location of a business or a supplier of a service or product by listing a fictitious business name or an assumed business name in the classified advertising section of a telephone directory or other directory database.
(2) A person is considered to have misrepresented the geographical location of a business or supplier of a service or product if any one of the following exists:
(a) The business or supplier is not located within the geographical area covered by the directory and the listing fails to identify the true physical address, including the municipality and state, of the geographical location of the business or supplier.
(b) Calls to a number listed in a directory or database are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the directory or database in which the number is listed, and the person has not identified the true physical address of the geographical location of the business or supplier.
(c) The location of the business or supplier is in an area that is not contiguous to an area covered by the directory or database in which the number is listed.
(3) Nothing in this Section shall apply to local telecommunication carrier customers using permissible services, including but not limited to remote call forwarding or foreign exchange.
B. A business or supplier of a service or product may place a directory listing for a business the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located.
C. No telephone company or other provider of a telephone directory or directory assistance service, or its officers or agents, shall be liable for publishing the listing of a fictitious business name or assumed business name of a business or supplier in its directory or directory assistance database unless the telephone company or other provider of a telephone or directory assistance service is the same person as the business or supplier of services or products who has committed the deceptive act.
D. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided for in this Chapter.
Acts 1999, No. 859, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1421. Deceptive trade practices; requesting certain personal information for cash sales

RS 51:1421 - Deceptive trade practices; requesting certain personal information for cash sales
A. No retail business shall require a consumer's name, address, telephone number, or other personal information when completing a consumer transaction for cash sale.
B.(1) Nothing in this Section shall apply to a transaction when a consumer makes payment either by credit card or by check.
(2) This Section shall not apply to a transaction for cash involving the sale of an automobile.
(3) The provisions of this Section shall not apply in instances where either state or federal law requires the retail business to obtain a consumer's personal information when completing a cash sale.
C. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
D. The Department of Justice, consumer protection section shall adopt policies and procedures necessary to provide sufficient notice to each retail business in the state of the provisions of this Section.
Acts 2003, No. 534, §1; Acts 2004, No. 61, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1422. Unfair or deceptive trade practice; unsolicited offer to sell extended service agreement for a motor vehicle; requirements; exceptions; penalties

RS 51:1422 - Unfair or deceptive trade practice; unsolicited offer to sell extended service agreement for a motor vehicle; requirements; exceptions; penalties
A. The provisions of this Section shall apply to an unsolicited offer, made by mail or common carrier, to sell to another an extended service agreement relative to a motor vehicle.
B. If the unsolicited offer is in writing, it shall state at the top of each page "THIS IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL DOCUMENT." The statement shall be in conspicuous and legible type that is not smaller than fourteen-point font and is in contrast by typography, layout, or color with any other printing on the writing.
C. If the unsolicited offer is oral, it shall begin and end with the statement: "THIS IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL NOTIFICATION OR DEMAND FOR ACTION."
D. A violation of the provisions of this Section shall constitute a deceptive and unfair trade practice and subject the violator to any and all actions and penalties authorized in this Chapter. Each offer in violation of this Section shall be considered a separate offense.
E. For the purposes of this Section, "extended service agreement" shall include any vehicle mechanical breakdown insurance policy, vehicle service contract sold by an independent payment provider or their agent, or vehicle component coverage contract. "Unsolicited offer" shall not include an offer made subsequent to a prior personal contact that included a meaningful exchange between the offeror and offeree.
F. The provisions of this Section shall not apply to any manufacturer, distributor, or dealer of motor vehicles as defined in R.S. 32:1252, any vehicle mechanical breakdown insurer licensed pursuant to R.S. 22:362, any person acting pursuant to an agreement of and on behalf of such manufacturer, distributor, dealer, or licensed vehicle mechanical breakdown insurer, any entity licensed pursuant to R.S. 6:969.37, or any Federal Deposit Insurance Corporation (FDIC) or National Credit Union Administration (NCUA) insured depository financial institution operating with a main office or one or more branches in this state, or their subsidiaries or affiliates.
Acts 2016, No. 657, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1423. Deceptive trade practices; gift certificates; expiration date

RS 51:1423 - Deceptive trade practices; gift certificates; expiration date
A. For purposes of this Section, the term "gift certificate" shall mean a writing identified as a gift certificate or gift card purchased by a buyer for use by a person not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services supplied by the seller. A gift certificate or gift card shall include an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value of the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card or other medium for goods, food, services, credit or money of at least an equal value.
B. It shall be unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:
(1) An expiration date that is less than five years from the date of issuance. Such expiration date shall appear in capital letters in at least ten-point font on the gift certificate.
(2) A service fee, including but not limited to a service fee for dormancy fee. However, nothing shall prevent the issuer from charging a one-time handling fee, which shall not exceed one dollar per gift certificate.
C. A gift certificate sold without an expiration date shall be valid until redeemed or replaced.
D. The provisions of this Section shall not apply to any of the following gift certificates:
(1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards loyalty or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.
(2) Gift certificates that are sold below face value or donated to nonprofit and charitable organizations for fundraising purposes.
(3) Repealed by Acts 2010, No. 174, §2.
E. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
F. The provisions of this Section shall not apply to general use prepaid cards as defined in Title IV of the Credit Card Accountability, Responsibility, and Disclosure Act of 2009, 15 U.S.C. 1693 et seq., which are issued by federally insured depository institutions.
Acts 2004, No. 69, §1; Acts 2010, No. 174, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1424. Unfair or deceptive acts or practices; commercial laundromats; state fire marshal; additional enforcement

RS 51:1424 - Unfair or deceptive acts or practices; commercial laundromats; state fire marshal; additional enforcement
A. The owner or operator of a commercial laundromat, as defined by R.S. 47:305.17, shall provide water to all washing machines in the facility and shall maintain a boiler to provide hot water to each machine, at a minimum temperature of one hundred twenty degrees Fahrenheit. Such boilers shall be subject to inspection in accordance with R.S. 23:536.
B. In the instance a machine is not providing hot water due to mechanical problems, the owner or operator shall place a sign on the machine indicating that hot water is not available.
C. For purposes of this Section "boiler" means a hot water heating boiler or a hot water supply boiler.
D. Any violation of this Section shall be an unfair or deceptive act or practice declared unlawful by R.S. 51:1405 and may subject the violator to any and all penalties provided for in this Chapter. In addition, the state fire marshal shall promulgate all rules and regulations necessary to provide for the implementation of this Section. Such rules and regulations shall authorize the state fire marshal to issue notices of noncompliance, provide for an administrative hearing process, and provide for the assessment of fines. At a minimum the rules and regulations shall provide for the issuance of a notice of noncompliance for the absence of a boiler, for the absence of hot water, or for the provision of water at a temperature below the minimum temperature.
Acts 2004, No. 357, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1425. Unfair or deceptive acts or practices; prohibition of certain disclosures by an Internet service provider; penalties

RS 51:1425 - Unfair or deceptive acts or practices; prohibition of certain disclosures by an Internet service provider; penalties
A. A violation of the Stored Communications Act, Section 2701 et seq., of Title 18 of the United States Code, by a provider of Internet service involving information relating to a resident of Louisiana shall constitute a deceptive and unfair trade practice.
B. As used in this Chapter, "provider of Internet service" means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to 47 U.S.C. 301 et seq. Systems operated or services offered by libraries or educational institutions are excluded from this definition.
C. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided for in this Chapter.
D. Nothing herein shall prohibit a provider of Internet service from disclosing information to any state or local agency where such agency's lawful request is otherwise authorized in statute, including but not limited to disclosure required pursuant to R.S. 15:545.1.
Acts 2006, No. 556, §1; Acts 2008, No. 672, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1426. Unfair acts or practices

RS 51:1426 - Unfair acts or practices
A. If a provider of Internet service knows or has reason to know that a subscriber currently resides in Louisiana, the provider shall make available to the subscriber a product or service which enables the subscriber to control a child's use of the Internet.
B. The product or service provided for in Subsection A of this Section must enable the subscriber to do all of the following:
(1) Block access to specific websites or domains deemed inappropriate by the subscriber in Subsection A of this Section.
(2) Restrict access exclusively to specific websites or domains deemed inappropriate by the subscriber in Subsection A of this Section.
(3) Allow the subscriber to monitor a child's use of the Internet service by providing a report to the subscriber of the specific websites or domains that the child has visited or has attempted to visit but could not access the websites or domains because the websites or domains were blocked or restricted by the subscriber.
C. For the purposes of this Section, a provider of Internet service shall be deemed to know that a subscriber in Subsection A is a Louisiana resident if the subscriber identifies this state as the subscriber's place of residence at the time of the subscription.
D. If a product or service described in this Section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the provider of Internet service shall do all of the following:
(1) Provide to the subscriber in Subsection A, at the time of subscription, notice of the availability of the product or service which enables the subscriber to control a child's use of the Internet.
(2) Make the product or service described in Subsection A of this Section available to the subscriber, either directly or through a third party vendor. The provider may charge for the product or service.
E. Any violation of this Section shall be an unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
Acts 2008, No. 672, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1427. Unfair or deceptive trade practices or acts; stolen or misappropriated computer software; violations

RS 51:1427 - Unfair or deceptive trade practices or acts; stolen or misappropriated computer software; violations
A. It shall be unlawful for a person to develop or manufacture a product, or to develop or supply a service using stolen or misappropriated property, including but not limited to computer software that does not have the necessary copyright licenses, where that product or service is sold or offered for sale in competition with those doing business in this state.
B. Any violation of this Section shall be an unfair method of competition and unfair practice or act and shall subject the violator to any and all actions and penalties provided for in this Chapter. For the purpose of this Section, a violation shall occur each time such a product or service is sold or offered for sale.
Acts 2010, No. 74, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1431. Definitions

RS 51:1431 - Definitions
As used in this Chapter, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(aa) derived from or through a person who had utilized improper means to acquire it;
(bb) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(cc) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and
(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1432. Injunctive relief

RS 51:1432 - Injunctive relief
A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
B. If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1433. Damages

RS 51:1433 - Damages
In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1434. Attorney's fees

RS 51:1434 - Attorney's fees
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1435. Preservation of secrecy

RS 51:1435 - Preservation of secrecy
In an action under this Chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1436. Prescriptive period

RS 51:1436 - Prescriptive period
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purpose of this Section, a continuing misappropriation constitutes a single claim.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1437. Effect on other law

RS 51:1437 - Effect on other law
A. This Chapter displaces conflicting tort, restitutionary, and other laws of this state pertaining to civil liability for misappropriation of a trade secret.
B. This Chapter does not affect:
(1) contractual or other civil liability or relief that is not based upon misappropriation of a trade secret, or
(2) criminal liability for misappropriation of a trade secret.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1438. Uniformity of application and construction

RS 51:1438 - Uniformity of application and construction
This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.
Added by Acts 1981, No. 462, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1443. Registration

RS 51:1443 - Registration
Any private child support collection agency providing support enforcement services to an obligee who is a resident of this state or collecting any child support or arrearages from an obligor shall comply with the following:
(1) Register with the secretary of state and provide information as requested, including the name of the private child support collection agency, the office address, and the registered agent in this state on whom service of process is to be made.
(2) Submit to the state treasurer not later than 4:30 p.m. on the fifth business day after registering with the secretary of state all of the following:
(a) A surety bond filed, held, and approved by the state treasurer. The surety bond shall be issued by a surety authorized to do business in this state in the amount of fifty thousand dollars in favor of the state for the benefit of a person damaged by a violation of this Chapter, and conditioned on the private child support collection agency's compliance with this Chapter and the faithful performance of the obligations under the private child support collection agency's agreements with its clients.
(b) A deposit of money in the amount of fifty thousand dollars may be made in lieu of the surety bond. The state treasurer shall deposit any amounts received under this Chapter in an insured depository account.
Acts 2010, No. 872, §2, eff. July 2, 2010.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1446. Provision of support enforcement services by a private child support collection agency; prerequisites

RS 51:1446 - Provision of support enforcement services by a private child support collection agency; prerequisites
A. Before commencing support enforcement services, a private child support collection agency shall obtain from the obligee all of the following:
(1) A certified copy of the order of support.
(2) A statement executed by the obligee under oath containing the arrears balance and the dates during which the arrears balance accrued.
(3) Any judgments in existence at the time the contract is signed by the obligee setting the arrears owed.
(4) A statement executed by the obligee under oath stating that the obligee is not receiving FITAP for, or on behalf of, himself or another individual.
B. In addition to Subsection A of this Section, before commencing support enforcement services, the collection agency shall send the obligor a written notice no later than five days after the obligee and collection agency sign a contract. The notice shall include all of the following:
(1) The name of the obligee.
(2) A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and the current child support owed by the obligor.
(3) A statement that the collection agency assumes that the obligor owes child support or arrears to the obligee and that the amounts owed as described in the statement are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice.
(4) A statement that if the obligor provides written notice to the collection agency within the time period provided in Paragraph (3) of this Subsection, disputing the existence or amount of the child support obligation or arrears, the collection agency shall cease efforts to collect the support until it obtains and mails to the obligor written verification of the existence or amount of the obligation.
(5) A statement that the arrears balance reflected does not include any amounts owed to the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.
C. A statement in accordance with Paragraph (B)(4) of this Section shall not affect the enforceability of a valid income-withholding order or assignment issued by the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.
D. The failure of an obligor to dispute the amount or existence of child support or arrears shall not be construed as an admission of liability by the obligor.
Acts 2010, No. 872, §2, eff. July 2, 2010.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1447. Prohibited acts

RS 51:1447 - Prohibited acts
A private child support collection agency providing support enforcement services to an obligee in this state or collecting support or arrears from an obligor shall not engage in any act which violates any provision of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., or the Federal Trade Commission Act, 15 U.S.C. 42 et seq.
Acts 2010, No. 872, §2, eff. July 2, 2010.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1448. Civil penalties

RS 51:1448 - Civil penalties
A. When a private child support collection agency is found by a court to have violated the provisions of R.S. 51:1443, the court shall award to the state a civil penalty not to exceed ten thousand dollars.
B. A collection agency found by a court to have violated any of the provisions of R.S. 51:1444 through 1447 shall be ordered to pay to the plaintiff a civil penalty not to exceed five thousand dollars per violation and reasonable attorney fees, expenses, and court costs.
C. The civil penalties provided in this Section shall be cumulative to each other and any other provision of law.
Acts 2010, No. 872, §2, eff. July 2, 2010.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1454. Authorization of suits; damages; defenses

RS 51:1454 - Authorization of suits; damages; defenses
A retailer may bring suit against a refiner and a refiner may bring suit against a retailer where the plaintiff and defendant are parties to a franchise, and the plaintiff may be granted relief in the following respects:
(1) Where the court finds cancellation of a franchise in violation of this Chapter, specific performance or injunctive relief may be granted, or in the alternative, the actual damages sustained by plaintiff including ascertainable loss of goodwill as a result of plaintiff's franchise being cancelled.
(2) Where the court finds plaintiff's franchise was cancelled for one of the reasons permitted under R.S. 51:1453B, plaintiff shall be entitled to recover an amount equal to the price previously paid by plaintiff to defendant for resalable tires, batteries, accessories, branded products, and equipment previously purchased by the plaintiff from the defendant, less reasonable allowance for depreciation with respect to equipment previously purchased, all of which shall be returned to, and become the property of, the defendant.
(3) In the case of nonrenewal of a franchise, plaintiff shall be entitled to the recovery allowed in Subparagraph (2) of this section. A retailer may also recover for ascertainable loss of goodwill where a refiner within one year from the date of such nonrenewal reopens the subject outlet as a direct-operated outlet, or within one year after such nonrenewal, refiner closes subject outlet and opens a direct-operated outlet within one-half mile of the location of the subject outlet, which direct-operated outlet would have directly competed with subject outlet if it had remained in business; provided that if the refiner had cause to cancel the franchise for one of the reasons permitted under R.S. 51:1453B, the retailer shall not be entitled to recover for goodwill; and provided further that if the refiner and retailer mutually agree to relocate the retailer in another outlet, said retailer shall not be entitled to recover goodwill.
In the event the plaintiff establishes recoverable damages, the refiner or retailer as defendant shall have the right to offset those damages against any existing indebtedness owed to him by the plaintiff.
If the court finds that any violation or cancellation hereunder was not done in good faith, the court may award reasonable attorney fees, provided however that any defendant shall not be barred from asserting in defense of any such allegation the failure of the plaintiff to act in good faith.
Added by Acts 1974, No. 628, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1551. Contract for dance studio lessons and other services defined

RS 51:1551 - Contract for dance studio lessons and other services defined
As used in this Chapter, "contract for dance studio lessons and other services" means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. This Chapter does not include contracts for professional services rendered or furnished by a person licensed under the provisions of R.S. 17:3141.1 et seq. governing the operations of proprietary schools.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1552. Written contract required

RS 51:1552 - Written contract required
Every contract for dance studio lessons and other services shall be in writing and shall be subject to the provisions of this Chapter. A copy of the written contract shall be given to the customer at the time he signs the contract.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1553. Limitation on amount and payment period; prohibition against life contract; permissible service period; single contract

RS 51:1553 - Limitation on amount and payment period; prohibition against life contract; permissible service period; single contract
A. No contract or series of contracts for dance studio lessons and other services shall require payment by the person receiving the lessons and other services or the use of the facilities of a total amount in excess of one hundred private hours or five thousand dollars, whichever is less.
B. No contract for dance studio lessons and other services shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the lessons and other services to be rendered to the buyer under the contract may extend over a period not to exceed seven years from the date the contract is entered into.
C. All contracts for dance studio lessons and other services which may be in effect between the same seller and the same buyer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Chapter.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1554. Performance of contract; cancellation and refund; statement of hourly rate and bond of studio

RS 51:1554 - Performance of contract; cancellation and refund; statement of hourly rate and bond of studio
A. Every contract for dance studio lessons and other services shall provide that performance of the agreed upon lessons will begin within twelve months from the date the contract is entered into.
B. Every contract for dance studio lessons and other services shall further provide that such contract may be rescinded within three days after receipt of the contract by the customer by written notice to the other party at the address specified in the contract, and all monies paid pursuant to such contract shall be refunded within ten days of receipt of the notice of rescission, subject to payment by the customer for dance studio lessons or other services received prior to rescission.
C. Every contract for dance studio lessons and other services shall contain a written statement of the hourly rate charged for each type of lessons for which the student has contracted. If the contract includes dance studio lessons which are sold at different per hour rates, the contract shall contain separate hourly rates for each different type of lessons sold. All other services for which the student has contracted which are not capable of a per hour charge shall be set forth in writing in specific terms. Such statement shall be contained in the dance studio contract before the contract is signed by the buyer.
D. Every dance studio subject to the provisions of R.S. 51:1564 through R.S. 51:1566, inclusive, shall include in every contract for dance studio lessons or other services a statement that the studio is bonded and that information concerning the bond may be obtained by writing to the office of the state treasurer. If the studio has elected to make a cash deposit in lieu of procuring a bond, the contract shall contain a description of the cash deposit.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1555. Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller

RS 51:1555 - Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller
No contract for dance studio lessons and other services shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to third parties any right of action or defense which the buyer may have against the seller.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1556. Prohibition against assignment of contract cutting off buyer's right of action or defense against seller; conditions

RS 51:1556 - Prohibition against assignment of contract cutting off buyer's right of action or defense against seller; conditions
No right of action or defense arising out of a contract for dance studio lessons and other services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this Section and, within thirty days of the mailing of notice, receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the buyer that he shall, within thirty days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the lessons and other services, the contract balance, and the number and amount of the installments.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1557. Relief from payment upon death or disability

RS 51:1557 - Relief from payment upon death or disability
A. Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the person agreeing to receive lessons and other services is unable to receive all lessons and other services for which he has contracted, he and his estate shall be relieved from the obligation of making payment for lessons and other services other than those received prior to death or the onset of disability, and that if he has prepaid any sum for lessons and other services so much of such sum as is allocable to lessons and other services he has not taken shall be promptly refunded to him or his representative.
B. Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this Section, the buyer shall be entitled to receive a refund or refund credit of so much of the cash price as is allocable to the lessons or other services not actually received by the buyer. The refund of the finance charge shall be computed according to the "sum of the balances method," also known as the "Rule of 78".
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1559. Noncomplying contracts void

RS 51:1559 - Noncomplying contracts void
Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this Chapter shall be void and unenforceable as contrary to public policy.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1560. Fraud rendering contract void

RS 51:1560 - Fraud rendering contract void
Any contract for dance studio lessons and other services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or advertisement of the seller shall be void and unenforceable.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1562. Private actions; recovery of damages and attorney fees; correction of contract; holder defined

RS 51:1562 - Private actions; recovery of damages and attorney fees; correction of contract; holder defined
A. Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of fraud, dishonesty or the violation of the provisions of this Chapter may bring an action individually but not in a representative capacity to recover actual damages. If the court finds that such a violation was committed, the court may award the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.
B. Notwithstanding the provisions of this Chapter, any failure to comply with any provision of this Chapter may be corrected within thirty days after the execution of the contract by the buyer, and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this Title, provided that any correction which increases any monthly payment, the number of payments, or the total amount due, must be concurred in, in writing, by the buyer. "Holder" includes the seller who acquires the contract, or, if the contract is purchased by a financing agency or other assignee, the financing agency or other assignee.
C. This Section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1563. Bond; amount; filing

RS 51:1563 - Bond; amount; filing
Every dance studio shall maintain a bond issued by a surety company authorized to do business in this state. The principal sum of the bond shall be twenty-five thousand dollars.
A copy of such bond shall be filed with the office of the state treasurer. If the person in whose name the bond is issued severs his relationship with the bonded dance studio, the new owner shall, as a condition of doing business, notify the office of the state treasurer of the change of ownership and of proof of compliance with R.S. 51:1564 through R.S. 51:1566.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1564. Bonds; persons protected

RS 51:1564 - Bonds; persons protected
The bond required by R.S. 51:1563 shall be in favor of the state of Louisiana for the benefit of any person who, after entering into a contract for dance studio lessons and other services with the dance studio, is damaged by fraud or dishonesty or failure to provide the services of the studio in performance of the contract. Any person claiming against the bond may maintain an action at law against the dance studio and the surety.
The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1565. Cash deposit in lieu of bond

RS 51:1565 - Cash deposit in lieu of bond
In lieu of furnishing the bond required by R.S. 51:1563 the dance studio may deposit with the office of the state treasurer a cash deposit in a like amount. This cash deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the office of the state treasurer issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation.
(2) Investment certificates or share accounts assigned to the office of the state treasurer and issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation.
(3) Bearer bonds issued by the United States government or by this state.
(4) Cash deposited with the office of the state treasurer.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1566. Exclusions from R.S. 51:1551 through R.S. 51:1565

RS 51:1566 - Exclusions from R.S. 51:1551 through R.S. 51:1565
The provisions of R.S. 51:1551 through R.S. 51:1565 do not apply to any dance studio which does not enter written contracts for, or require advance payments, by cash or negotiable instrument for either dance lessons or other services to be rendered by the studio in the future in an amount greater than five hundred dollars.
Added by Acts 1979, No. 533, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1576. Definitions

RS 51:1576 - Definitions
As used in this Chapter:
A. "Physical fitness services" means facilities or services for the development of physical fitness through exercise or weight control. This term includes the facilities, services, and classes of health or exercise centers, clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, and athletic or sport clubs. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners; nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.
B. "Customer" or "member" means a person who contracts for the use of physical fitness services.
C. "Center" means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets or a single outlet. Any subsidiary of a center offering such services shall be deemed a part of said center.
D. "Outlet" means a separate location of a center which is not physically connected with another center but which may use the same name or may be operated by the same person or organization.
Added by Acts 1982, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1578. Prohibited clauses in contracts

RS 51:1578 - Prohibited clauses in contracts
No contract for physical fitness services may:
(1) Have a duration of longer than thirty-six months or be measured by the life of the buyer or the life of the center.
(2) Waive the required provisions of this Chapter.
(3) Provide that a right of action or defense of the member shall be terminated by assignment of the contract to a third person.
Added by Acts 1982, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1579. Non-complying provisions unenforceable

RS 51:1579 - Non-complying provisions unenforceable
Any provision of a contract for physical fitness services that does not comply with R.S. 51:1577 and 1578 is unenforceable against the member.
Added by Acts 1982, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1581. Preservation of rights of action and defenses

RS 51:1581 - Preservation of rights of action and defenses
Any right of action or defense which the member could raise based on the contract for physical fitness services is preserved against any assignee or successor to the contract or to any credit contract executed by the member in connection therewith.
Added by Acts 1982, No. 808, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1606. Enforcement

RS 51:1606 - Enforcement
In addition to all of the other rights, powers, and authorities granted to the secretary hereunder, if the secretary has reasonable cause to believe that there exists a violation of this Chapter or of the rules and regulations issued pursuant to this Chapter, the secretary may petition a court of proper jurisdiction in the parish of East Baton Rouge for mandatory injunctive relief to insure compliance with this Chapter.
Added by Acts 1979, No. 605, §1.