reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1314. Withdrawal from the program

RS 51:1314 - Withdrawal from the program
The commission shall provide for the orderly withdrawal of a participating local tax authority from a tax free shopping program on the first day of the third month following the receipt of written notification by the secretary of the enactment of an ordinance or resolution by a local tax authority withdrawing from the program. On that date, refunds of the sales tax of the withdrawing authority shall cease.
Acts 1988, No. 535, §1, eff. July 8, 1988; Acts 1992, No. 285, §2, eff. July 1, 1992; Acts 1997, No. 1291, §2; Acts 1998, No. 50, §1; Acts 2001 1st Ex. Sess., No. 7, §1; Acts 2004 1st Ex. Sess., No. 14, §1; Acts 2006, No. 76, §1; Acts 2008, No. 232, §1; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
NOTE: Acts 1988, No. 535, §3 provided for termination on July 1, 1992; Acts 1992, No. 285, §3, extended the date to July 1, 1997; Acts 1997, No. 1291, §2, extended the date to July 1, 1999; Acts 1998, No. 50, §1, extended the date to July 1, 2001; Acts 2001, 1st Ex. Sess., No. 7, §1, extended the date to July 1, 2004; Acts 2004, 1st Ex. Sess., No. 14, §1, extended the date to July 1, 2007; Acts 2006, No. 76, §1, extended the date to July 1, 2009; Acts 2008, No. 232, §1, extended the date to July 1, 2013; Acts 2012, No. 435, §1, extended the date to July 1, 2017; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1315. Civil penalties

RS 51:1315 - Civil penalties
A. If a refund is unlawfully issued under the provisions of this Chapter and the circumstances indicate that the willful negligence of, or the intentional disregard of the rules and regulations by, a retailer or an international traveler substantially contributed to the unlawful refund, then there shall be imposed on the retailer or the international traveler a specific penalty of twenty-five percent of the unlawful refunds and the commission may exclude the retailer from the tax free shopping program.
B. If the circumstances indicate that an intent to defraud the state or the local tax authorities by a retailer or the international traveler substantially contributed to an unlawful refund, there shall be imposed a specific penalty of fifty percent of the unlawful refunds and the commission shall exclude the retailer from the tax free shopping program.
Acts 1988, No. 535, §1, eff. July 8, 1988; Acts 1992, No. 285, §2, eff. July 1, 1992; Acts 1997, No. 1291, §2; Acts 1998, No. 50, §1; Acts 2001 1st Ex. Sess., No. 7, §1; Acts 2004 1st Ex. Sess., No. 14, §1; Acts 2006, No. 76, §1; Acts 2008, No. 232, §1; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
NOTE: Acts 1988, No. 535, §3 provided for termination on July 1, 1992; Acts 1992, No. 285, §3, extended the date to July 1, 1997; Acts 1997, No. 1291, §2, extended the date to July 1, 1999; Acts 1998, No. 50, §1, extended the date to July 1, 2001; Acts 2001, 1st Ex. Sess., No. 7, §1, extended the date to July 1, 2004; Acts 2004, 1st Ex. Sess., No. 14, §1, extended the date to July 1, 2007; Acts 2006, No. 76, §1, extended the date to July 1, 2009; Acts 2008, No. 232, §1, extended the date to July 1, 2013; Acts 2012, No. 435, §1, extended the date to July 1, 2017; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1316. Criminal penalty

RS 51:1316 - Criminal penalty
Any person who violates any provision of this Chapter shall be fined not more than one thousand dollars or shall be imprisoned for not more than one year, or both.
Acts 1988, No. 535, §1, eff. July 8, 1988; Acts 1992, No. 285, §2, eff. July 1, 1992; Acts 1997, No. 1291, §2; Acts 1998, No. 50, §1; Acts 2001 1st Ex. Sess., No. 7, §1; Acts 2004 1st Ex. Sess., No. 14, §1; Acts 2006, No. 76, §1; Acts 2008, No. 232, §1; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
NOTE: Acts 1988, No. 535, §3 provided for termination on July 1, 1992; Acts 1992, No. 285, §3, extended the date to July 1, 1997; Acts 1997, No. 1291, §2, extended the date to July 1, 1999; Acts 1998, No. 50, §1, extended the date to July 1, 2001; Acts 2001, 1st Ex. Sess., No. 7, §1, extended the date to July 1, 2004; Acts 2004, 1st Ex. Sess., No. 14, §1, extended the date to July 1, 2007; Acts 2006, No. 76, §1, extended the date to July 1, 2009; Acts 2008, No. 232, §1, extended the date to July 1, 2013; Acts 2012, No. 435, §1, extended the date to July 1, 2017; Acts 2017, No. 318, §2, removed the termination date from Act No. 535 of the 1988 R.S. and placed it in R.S. 51:1301(D).
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1317. Legislative findings and determinations

RS 51:1317 - Legislative findings and determinations
A. Because the legislature recognizes the existence of an emerging industry with the fifty year old and above demographic, it finds that the state has a role and responsibility in developing Louisiana as a desirable place of residence for this age cohort. The legislature also recognizes that residents and tourists fifty years old and above spend a disproportionate amount of their disposable income on goods and services, which in turn creates new jobs. In addition, tax dollars generated from these incomes provide a boost to state and local economies. The legislature also finds that major aspects of this emerging industry are related directly to both tourism and economic development and that there should be a concerted effort by the state to focus on or serve the growing fifty year old and above market.
B. Because the fifty year old and above demographic is a potential source of economic growth for Louisiana, the legislature determines it is necessary and essential to create the Encore Louisiana Commission to engage in developing, promoting, and marketing Louisiana as a destination for residents and tourists fifty years old and above.
Acts 1999, No. 1099, §2; Acts 2009, No. 342, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1318. Creation of the Encore Louisiana Commission; domicile; composition; membership; officers; staff; expenses; terms; quorum

RS 51:1318 - Creation of the Encore Louisiana Commission; domicile; composition; membership; officers; staff; expenses; terms; quorum
A. The Encore Louisiana Commission, hereinafter referred to as the "commission", is hereby created as an agency of the state in the office of the lieutenant governor. The commission shall be a body politic and corporate entity with the power to sue and be sued. The commission shall be domiciled in Baton Rouge.
B. The commission shall be composed of the following eleven members who shall be residents of the state:
(1) The governor or his designee.
(2) The lieutenant governor or his designee.
(3) The secretary of the Department of Culture, Recreation and Tourism or his designee.
(4) The secretary of the Department of Economic Development or his designee.
(5) As provided in Subsection C of this Section, one member from each of the following five state tourism marketing regions: Sportsman's Paradise, Crossroads, Cajun Country, Plantation Country, and Greater New Orleans.
(6) The president of the Senate or his designee.
(7) The speaker of the House of Representatives or his designee.
C. The lieutenant governor shall appoint one member from each of the five state tourism marketing regions. Each appointment by the lieutenant governor shall be submitted to the Senate for confirmation.
D. All members shall be knowledgeable, interested, and active in developing, marketing, and promoting Louisiana as a desirable place of residency for persons fifty years old and above.
E. The lieutenant governor or his designee may serve as chairman of the commission or may designate one of its members as chairman.
F. The lieutenant governor shall employ an executive director and other staff, as may be required, and fix and pay their compensation from funds available to the commission.
G. The chairman shall have the ability to name individuals as ex officio members of the commission. Such ex officio members shall be nonvoting members.
H. Members of the commission shall receive no compensation for their services as members of the commission but shall be entitled to their actual expenses for necessary travel and for other expenses incurred in the performance of their duties as members of the commission. Such expenses shall be paid out of funds available to the commission.
I. Each appointed member shall serve a term concurrent with that of the lieutenant governor making the appointment. A vacancy shall be filled in the manner of the original appointment within sixty days. Any members appointed to fill a vacancy in an unexpired term shall be appointed only for the remainder of such term. Any member of the commission appointed for a definite term may serve after the expiration of his term until his successor has taken office.
J. A quorum to transact business shall be a majority of the voting members of the commission.
Acts 1999, No. 1099, §2; Acts 2008, No. 804, §2; Acts 2009, No. 342, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1319. Commission responsibilities and duties

RS 51:1319 - Commission responsibilities and duties
A. The commission shall have the following responsibilities:
(1) Formulate, jointly with the office of the lieutenant governor, a strategic plan, or any modifications thereto, attraction and retention of persons fifty years old and above.
(2) Monitor and evaluate guidelines for a designation program that recognizes Louisiana assets and developments attractive to residents and tourists fifty years old and above.
(3) Approve a marketing or communication strategy to promote Louisiana as a location or destination for residents and tourists fifty years old and above.
(4) Research, study, and develop plans and programs designed to assist state government, units of local government, private sector entities, and nonprofit entities in developing Louisiana as a destination for residents and tourists fifty years old and above.
(5) Hold at least four regular meetings in a calendar year. Special meetings shall be held on the call of the chairman or upon request of a majority of the members.
(6) Report annually to the legislature not later than the sixtieth calendar day prior to each regular session.
B. The commission shall be authorized to do the following:
(1) Establish innovative partnerships within and across public, private, and nonprofit sectors.
(2) Adopt rules and regulations, in accordance with the Administrative Procedure Act, for the regulation of its affairs and the conduct of its business.
(3) Request that the head of any state agency detail any of the personnel of such agency to the commission to assist in carrying out the commission's duties.
(4) Receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.
(5) Purchase advertising, printed materials, promotional items, and informational publications and distribute such materials which assist in the promotion of Louisiana as a premier location for residents and tourists fifty years old and above.
(6) Notwithstanding any other provision of law to the contrary, exercise any and all other powers necessary to accomplish the purposes set forth herein.
Acts 1999, No. 1099, §2; Acts 2003, No. 162, §2; Acts 2009, No. 342, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1351. Authority created; membership

RS 51:1351 - Authority created; membership
The Louisiana Nuclear and Space Authority, hereinafter referred to as authority, is hereby created and established, to consist of the treasurer, a member of the House of Representatives, to be appointed by the speaker thereof and a member of the Senate to be appointed by the lieutenant governor; one member of the Board of Commerce and Industry, appointed by said board; two members of the Board of Nuclear Energy, appointed by said Board; and one member appointed by the governor with the advice and consent of the Senate for a term concurrent with the term of the governor making the appointment.
The members appointed by the Board of Commerce and Industry and the Board of Nuclear Energy shall serve at the pleasure of the respective boards appointing them and any vacancies in respect to the member appointed by the governor with the advice and consent of the Senate, shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
The authority shall select a chairman and a secretary to perform the duties ordinarily performed by such officers. The authority shall be a body politic and corporate and shall be domiciled in the parish in which the state capitol is situated. A majority of the members of the authority shall constitute a quorum and a majority of such members may act on behalf of the authority.
Acts 1968, No. 605, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1361. Definitions

RS 51:1361 - Definitions
When used in this Chapter, the following terms shall apply:
(1) "Connectivity" means the capacity for the interconnection of platforms, systems, and applications. It includes but is not limited to systems that utilize cable, fiber, lines, satellites, sound waves, or wire to transmit information.
(2) "Government agency" means any department, office, council, or agency of the federal, state, or local government, or any public benefit corporation or authority authorized by law.
NOTE: Paragraph (3) as amended and reenacted by Acts 2022, No. 760, eff. June 18, 2022.
(3) "Office" means the office of broadband development and connectivity.
(4) "Person" means any natural or juridical person, including corporations.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1362. The office of broadband development and connectivity

RS 51:1362 - The office of broadband development and connectivity
A. There is hereby created within the division of administration the office of broadband development and connectivity. The head of the office shall be the executive director of broadband development and connectivity.
B. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Chapter, or as otherwise provided by law.
C. On or before February first of each year, the executive director shall prepare and submit to the governor, the House Committee on Commerce, the Senate Committee on Commerce, Consumer Protection, and International Affairs, and the Joint Legislative Committee on Technology and Cybersecurity, a comprehensive report to include, at a minimum, the following information:
(1) Activities undertaken by the office during the previous year.
(2) Data concerning broadband and other connectivity services in this state and expansion and deployment of these services.
(3) An assessment of the current availability and accessibility of broadband and other connectivity services in the state.
(4) A mapping initiative to identify availability of broadband to every home and business in the state.
(5) Availability and description of public or private grants available for the expansion or enhancement of broadband services and other connectivity services in the state.
(6) Recommendations for legislative proposals.
(7) Identification of resources to assist the office in performing its functions and duties.
D. The governor shall direct that all state agencies provide the executive director with assistance in advancing the purpose of the office and assure that the activities of the office are fully coordinated with the activities of state agencies providing related services.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1363. Functions, powers, and duties

RS 51:1363 - Functions, powers, and duties
The office of broadband development and connectivity, by and through the executive director or his employees, shall have the following functions, powers, and duties:
(1) To provide comprehensive information relating to broadband and connectivity in the state upon request to any person or government agency.
(2) To promote and encourage broadband adoption for households that have not accessed services.
(3) To study and identify barriers to households that have not adopted broadband services.
(4) To advise and assist any person or government agency in addressing particular broadband and connectivity needs, including cooperative efforts among such persons and agencies.
(5) To establish procedures to review and comment on the federal mapping initiative created by the Broadband DATA Act, P.L. 116-130 that precisely maps the availability of broadband services to every home and business in the state.
(6) To research programs relating to broadband and connectivity services and receive notification from every person and government agency engaged in the provision of broadband and connectivity services of program descriptions, appropriation data, and application procedures. The office shall maintain a listing of existing programs and advise persons or government agencies of their existence.
(7) To assist, upon request, applicant persons or government agencies in obtaining timely and efficient responses from state and federal agencies; to assist the applicants in consideration of program grant strategies; to assist state and federal agencies in cooperative approaches to address the needs of the applicants; and to provide technical assistance to government agencies in formulating and implementing broadband expansion and connectivity programs.
(8) To encourage the assistance of the private sector, including broadband service providers, to effectuate the deployment and access to broadband and other connectivity services to all residents of the state.
(9) To assist the governor and the legislature in the development and integration of a broadband deployment plan and long-range plans to more effectively and efficiently provide access to any new connectivity options.
(10) To analyze and make recommendations concerning proposed state legislation or programs that may affect the expansion of broadband and other connectivity services.
(11) To apply for, receive, and administer grants or financial assistance from persons or government agencies.
(12) To adopt and promulgate such rules and regulations, procedures, instructions, and forms as are deemed necessary to implement the functions, powers, and duties imposed upon the office by this Chapter in accordance with the provisions of the Administrative Procedure Act.
(13) To do all things necessary or convenient to carry out the functions, powers, and duties expressly set forth in this Chapter.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1365. Termination

RS 51:1365 - Termination
The provisions of this Chapter shall terminate at twelve o'clock midnight on June 30, 2028, and shall thereafter have no effect.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1372. Definitions

RS 51:1372 - Definitions
As used in this Chapter, the following terms have the meaning ascribed to them:
(1) "4.9 GHz band" means the fifty megahertz of spectrum in the 4940 to 4990 megahertz band.
(2) "Office" means the office under the direction of the executive director of broadband development and connectivity.
Acts 2021, No. 237, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1374. Reporting requirements

RS 51:1374 - Reporting requirements
A. The office shall require auction winners, incumbents, and entities using the 4.9 GHz band for public safety to submit reports to the office on or before January 1, 2023. The report shall include the following:
(1) The amount of the 4.9 GHz band being used by the reporting person.
(2) The specific bands of the 4.9 GHz band that are being used by the reporting person.
(3) The purpose for which the reporting person is using the 4.9 GHz band.
(4) Any other information the office requires.
B. The office shall submit a report regarding the status of the 4.9 GHz band to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs prior to March 1, 2023. The report shall include the following:
(1) All users of the 4.9 GHz band including auction winners, incumbents, and entities using the band for public safety.
(2) The funds raised due to the auction of the 4.9 GHz band.
(3) Approximately how many people have been connected through use of the 4.9 GHz band.
Acts 2021, No. 237, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1375. Commercial use task force; establishment; chair; membership; consideration; reporting requirement

RS 51:1375 - Commercial use task force; establishment; chair; membership; consideration; reporting requirement
A. Prior to January 1, 2023, the office shall establish, facilitate, and maintain a task force to study the commercial effects of the 4.9 GHz band use in this state. The executive director of broadband development and connectivity shall serve as chair of the task force, and the remainder of the task force is to be composed of the following members:
(1) The governor or his designee.
(2) The speaker of the House of Representatives or his designee.
(3) The president of the Senate or his designee.
(4) The chairman of the House Committee on Commerce or his designee.
(5) The chairman of the Senate Committee on Commerce, Consumer Protection, and International Affairs or his designee.
B. The task force shall hold the first meeting no later than January 31, 2022, and shall continue to meet, as often as necessary, until January 1, 2025. The task force shall meet at least twice per calendar year.
C. The task force shall examine how the 4.9 GHz band is being utilized commercially and consider other potential uses for the band.
D. The task force shall submit a report making recommendations as to how to utilize the 4.9 GHz band to the legislature no later than six months before the convening of the 2024 Regular Session.
E. The Division of Administration shall provide staff support as necessary to carry out the provisions of this Section.
Acts 2021, No. 237, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1376. Public use task force; establishment; chair; membership; consideration; reporting requirements.

RS 51:1376 - Public use task force; establishment; chair; membership; consideration; reporting requirements.
A. Prior to January 1, 2022, the office shall establish, facilitate, and maintain a task force to study the public use of the 4.9 GHz band use in this state. The executive director of broadband development and connectivity shall serve as chair of the task force, and the remainder of the task force is to be composed of the following members:
(1) A representative of the Louisiana State Firemen's Association.
(2) A representative of the Louisiana Sheriffs' Association.
(3) A representative of the Louisiana State Police.
(4) A representative of the Louisiana Ambulance Alliance.
(5) A representative of the Louisiana Chapter of the Association of Public-Safety Communications Officials.
(6) An appointee of the chair of the House Committee on Commerce.
(7) An appointee of the chair of the Senate Committee on Commerce, Consumer Protection, and International Affairs.
B. The task force shall hold the first meeting no later than January 31, 2022, and shall continue to meet as often as necessary until January 1, 2025. The task force shall meet at least twice per calendar year.
C. The task force shall consider how to ensure that the commercial utilization of the 4.9 GHz band does not interfere with public safety.
D. Beginning in January of 2023, the task force shall submit an annual report to the legislature, with the final report being submitted in January of 2025. The report shall contain the findings of the task force and may contain recommendations from the task force.
E. The Division of Administration shall provide staff support as necessary to carry out the provisions of this Section.
Acts 2021, No. 237, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1402. Definitions

RS 51:1402 - Definitions
As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them:
(1) "Consumer" means any person who uses, purchases, or leases goods or services.
(2) "Consumer interest" means those acts, practices, or methods that affect the economic welfare of a consumer.
(3) "Consumer transaction" means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use.
(4) "Documentary material" means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated.
(5) "Elder person" means any person sixty-five years of age or older.
(6) "Examination" of documentary material includes the inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect to any such documentary material or copy thereof.
(7) "Knowingly" means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter.
(8) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.
(9) "Person with a disability" means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection.
(10)(a) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state.
(b) "Trade" or "commerce" shall include the advertising, offering for sale, sale, or distribution of an abortion-inducing drug in violation of R.S. 40:962.2.
Added by Acts 1972, No. 759, §1. Amended by Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 548, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1403. Prohibited contracts

RS 51:1403 - Prohibited contracts
Any consumer contract, express or implied, made by any person, firm, or corporation in violation of this Chapter is an illegal contract and no recovery thereon shall be had.
Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1404. Powers and duties

RS 51:1404 - Powers and duties
A. The Louisiana Attorney General's Office, Public Protection Division, Consumer Protection Section shall have the following powers and duties:
(1)(a) To investigate, conduct studies and research, to conduct public or private hearings into commercial and trade practices in the distribution, financing and furnishing of goods and services to or for the use of consumers.
(b) In the furtherance of the above, the attorney general shall notify said seller, distributor, packer, or manufacturer who shall have the right to put on the record any and all pertinent information that may substantiate the commercial or trade practice and shall have the right of cross examination.
(c) Public disclosure shall not be made of any trade secret and commercial or financial information obtained from a person which is of a privileged or confidential nature.
(2) To suggest means of securing adequate consumer representation on public boards and commissions;
(3) To advise the governor and the legislature on matters affecting consumer interests, and to assist in developing executive policies, and to develop, draft and prepare legislative programs to protect the consumer;
(4) To promote consumer education;
(5) Repealed by Acts 2006, No. 218, §2, eff. June 2, 2006.
(6) To do such other acts as are necessary and incidental to the exercise of the powers and functions of the section.
B. The attorney general may receive information and documentary material and may receive and otherwise investigate complaints with respect to acts or practices declared to be unlawful by this Chapter or other laws of this state and inform the public with respect thereto. The attorney general may institute legal proceedings and take such other actions provided for herein or which are necessary or incidental to the exercise of his powers and functions.
C. The attorney general may receive funding available under federal grants and from other sources for the purposes set forth in this Chapter.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §§1, 2, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1405. Unfair acts or practices; interpretation and rulemaking authority

RS 51:1405 - Unfair acts or practices; interpretation and rulemaking authority
A. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
B. The attorney general may make rules and regulations interpreting the provisions of this Chapter consistent with the provisions in R.S. 51:1 through 461.1. Such rules and regulations shall be adopted in the form and manner prescribed by the Administrative Procedure Act, R.S. 49:950 et seq. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the division is located or in the parish in which the plaintiff resides or is domiciled. Appeals may be had from any ruling of a district court in accordance with the Code of Civil Procedure, except that such appeals shall be given preference and heard in priority to other appeals.
Added by Acts 1972, No. 759, §1. Amended by Acts 1977, No. 240, §1, eff. July 5, 1977; Acts 1980, No. 719, §1, eff. July 29, 1980; Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1406. Exemptions

RS 51:1406 - Exemptions
The provisions of this Chapter shall not apply to:
(1) Any federally insured financial institution, its subsidiaries, and affiliates or any licensee of the Office of Financial Institutions, its subsidiaries, and affiliates or actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public utility regulatory body, the commissioner of financial institutions, the insurance commissioner, the financial institutions and insurance regulators of other states, or federal banking regulators who possess authority to regulate unfair or deceptive trade practices.
(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station or other advertising medium in the publication or dissemination of an advertisement when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement and did not have any direct financial interest in the sale or distribution of the advertised product or service.
(3) No seller of any product or service who disseminates any advertisement or promotional material in this state shall be liable under this Chapter if he receives the advertisement or promotional material from a manufacturer, packer, distributor, or other seller from whom he has purchased the product or service unless he refused on the request of the attorney general to provide the name and address of the manufacturer, packer, distributor, or other seller from whom he has purchased the product or service and said seller also agrees to enter into an assurance of voluntary compliance as prescribed by this Chapter from disseminating any such advertisement or promotional material thereafter. This exemption does not in any way limit the right of action any consumer may have under this Chapter.
(4) Any conduct which complies with section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C., 45(a)(1)], as from time to time amended, any rule or regulation promulgated thereunder and any finally adjudicated court decision interpreting the provisions of said Act, rules and regulations.
Added by Acts 1972, No. 759, §1; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2006, No. 171, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1408. Additional relief

RS 51:1408 - Additional relief
A. The court may issue such additional orders or render judgments against any party, as may be necessary to compensate any aggrieved person for any property, movable or immovable, corporeal or incorporeal, which may have been acquired from such person by means of any method, act, or practice declared unlawful by R.S. 51:1405, whichever may be applicable to that party under R.S. 51:1418. Such orders shall include but not be limited to the following:
(1) Revocation, forfeiture, or suspension of any license, charter, franchise, certificate, or other evidence of authority of any person to do business in the state.
(2) Appointment of a receiver.
(3) Dissolution of domestic corporations or associations.
(4) Suspension or termination of the right of foreign corporations or associations to do business in this state.
(5) Restitution.
B. Unless otherwise expressly provided, the remedies or penalties provided by this Chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1409. Private actions

RS 51:1409 - Private actions
A. Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action individually but not in a representative capacity to recover actual damages. If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times 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. Upon commencement of any action brought under Subsection A of this Section, the plaintiff's attorney shall mail a copy of the petition to the attorney general, and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general, but failure to conform with this Subsection shall not affect any of plaintiff's rights under this Section.
C. Any permanent injunction, judgment or order of the court made under R.S. 51:1407 and 1408 shall be prima facie evidence in an action brought under this Section that the respondent used or employed a method, act or practice declared unlawful by R.S. 51:1405 or by rule or regulation promulgated pursuant thereto; provided, however, that this Subsection shall not apply to consent orders or voluntary assurances of compliance.
D. If any person is enjoined from the use of any method, act, or practice or enters into a voluntary compliance agreement accepted by the attorney general under the provisions of this Chapter, such person shall have a right of action to enjoin competing businesses engaged in like practices.
E. The action provided by this Section shall be subject to a liberative prescription of one year running from the time of the transaction or act which gave rise to this right of action.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2018, No. 337, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1409.1. Deceptive practices; telephone, electronic mail, or text messaging; elder persons and persons with disabilities; private actions

RS 51:1409.1 - Deceptive practices; telephone, electronic mail, or text messaging; elder persons and persons with disabilities; private actions
A. For purposes of this Section, the following definitions apply:
(1) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices, computers, or other electronic devices capable of sending and receiving electronic messages with a person identified by a unique electronic address.
(2) "Telephone" means a system for transmitting voices over a distance using wire, radio, cellular, or electric signals.
(3) "Text messaging" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or direct message.
B. In addition to any damages to which a person is entitled pursuant to R.S. 51:1409, the court may award damages not to exceed ten thousand dollars per violation if a person knowingly sends deceptive information to any elder person or person with a disability, as those terms are defined in R.S. 51:1402, who suffers damage or injury as a result of an offense or violation described in this Chapter through marketing by telephone, electronic mail, or text messaging.
C. Nothing in this Section shall be construed to extend liability for violations of the provisions of this Section to telephone, electronic mail, internet, cable, or other telecommunications service providers.
Acts 2019, No. 14, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1410. Assurances of voluntary compliance

RS 51:1410 - Assurances of voluntary compliance
In the administration of this Chapter, the attorney general shall accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of this Chapter from any person who has engaged or was about to engage in such method, act, or practice. Any such assurance shall be in writing and be filed with the district court having civil jurisdiction in the parish in which the alleged violator resides, or is domiciled or has his principal place of business, or in the district court of the parish in which the state capitol is located. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1411. Investigative demands

RS 51:1411 - Investigative demands
A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter and he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any act or practice declared to be unlawful, the attorney general may execute in writing and cause to be served by the sheriff or a post-certified commissioned law enforcement officer employed by the attorney general or through long-arm to a foreign corporation upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, an investigative demand. Such investigative demand shall contain a description of the unlawful method, act, or practice under investigation and shall require such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.
B. At any time before the return date specified in the investigative demand, or within twenty days after the demand has been served, whichever is shorter, a petition stating good cause for a protective order to extend the return date, or to modify or set aside the demand, may be filed in the district court having civil jurisdiction in the parish where the person served with the demand resides or is domiciled or has his principal place of business.
C. If no protective order from the court is secured and the written request by the attorney general is not complied with by the return date thereof, the attorney general may apply to the court for an order compelling compliance with the demand under R.S. 51:1413.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1412. Investigative depositions

RS 51:1412 - Investigative depositions
A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter, and when they believe it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any act or practice declared to be unlawful by this Chapter in connection with such investigation, the attorney general may issue an investigative subpoena for deposition testimony to be served by the sheriff or a post-certified commissioned law enforcement officer employed by the attorney general or through long-arm to a foreign corporation upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, for the purpose of revealing, identifying, or explaining documentary material or other physical evidence sought under R.S. 51:1411. Such investigative subpoena shall contain a description of the unlawful method, act, or practice under investigation, and a notice informing the prospective deponent of his right to counsel at the deposition with opportunity for cross-examination, and such deposition shall be conducted at the principal place of business of the deponent, at his place of residence, at his domicile, or, if agreeable to the deponent, at some other place convenient to the attorney general or the director and the lawful and designated attorney representative of the deponent. Such deposition shall be held at a reasonable time, as may be stated in the investigative subpoena.
B. At any time before the return date specified in the investigative subpoena, or within twenty days after the subpoena has been served, whichever is shorter, a petition stating good cause for a protective order to extend the return date, or to modify or set aside the subpoena, may be filed in the district court having civil jurisdiction in the parish where the person served with the subpoena resides or has his principal place of business.
C. If no protective order from the court is secured and the investigative subpoena is not complied with by the return date thereof, the attorney general may apply to the court for an order compelling compliance with the subpoena under R.S. 51:1413.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1413. Enforcement of investigative demands and subpoena

RS 51:1413 - Enforcement of investigative demands and subpoena
If any person fails or refuses to file any statement, report, documentary material or physical evidence, or obey any investigative subpoena or demand issued by the attorney general and director, under R.S. 51:1411 or R.S. 51:1412, except as permitted by a protective order issued by an appropriate court, the attorney general and director may apply to the district court having civil jurisdiction in the parish where the person served with the demand or subpoena resides or has his principal place of business, for a rule to show cause why an order compelling compliance should not be issued. Any disobedience of an order compelling compliance under this section by any courts shall be punished as a contempt of court.
Added by Acts 1972, No. 759, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1414. Other investigative and subpoena authority

RS 51:1414 - Other investigative and subpoena authority
The attorney general may use in the enforcement of this chapter all other authority for investigation, supervision and conduct of actions on behalf of the state which is provided in the Louisiana Constitution, and for the enforcement of this chapter and its provisions, the attorney general may use all other authority and procedures available to persons under the Louisiana Civil Code, Code of Civil Procedure and Revised Statutes.
Added by Acts 1972, No. 759, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1415. Service of demand, subpoena, or petition

RS 51:1415 - Service of demand, subpoena, or petition
Service of any demand, subpoena or petition shall be made in the manner provided by the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes.
Added by Acts 1972, No. 759, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1416. Civil penalties

RS 51:1416 - Civil penalties
In addition to remedies for contempt of court otherwise provided by law, any person who violates the terms of an injunction issued under R.S. 51:1407 or 1408, or an assurance of voluntary compliance as authorized under R.S. 51:1410, may be required to pay to the state treasurer a civil penalty of not more than five thousand dollars per violation. For the purposes of this Section, the district court issuing an injunction shall retain jurisdiction and the attorney general acting in the name of the state may petition for recovery of civil penalties provided in this Section.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1417. Duties of district attorneys

RS 51:1417 - Duties of district attorneys
District attorneys and their assistants under the supervision of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general. In such cases, full reports shall be made to the attorney general, including final disposition of the matter.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.