reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1914. Required disclosure statement

RS 51:1914 - Required disclosure statement
At least seven days prior to the time any person signs a contract for the services of a loan broker, or the time of the receipt of any consideration by the loan broker, whichever occurs first, the broker must provide to the party with whom he contracts a written document, the cover sheet of which is entitled in at least ten point bold face capital letters "DISCLOSURE REQUIRED BY LOUISIANA LAW". Under this title shall appear the statement in at least ten point type that "The state of Louisiana has not reviewed and does not approve, or disapprove any loan brokerage contract. The information contained in this disclosure has not been verified by the state. If you have any questions see an attorney before you sign a contract agreement." Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the broker; whether the broker is doing business as an individual, partnership, or corporation; the names under which the broker has done, is doing, or intends to do business; and the name of any parent or affiliated companies.
(2) The names, addresses, and titles of the broker's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the broker's business activities; and all the broker's employees located in Louisiana.
(3) The length of time the broker has conducted business as a loan broker.
(4) A full and detailed description of the actual services that the broker undertakes to perform for the prospective borrower.
(5) One of the following statements, whichever is appropriate:
(a) "As required by Louisiana law, this loan broker has secured a bond by ______________________________, a surety authorized to do business in this state. A certified copy of this bond is filed with the state treasurer. Before signing a contract with this loan broker, you should check with the surety company to determine the bond's current status," or
(b) "As required by Louisiana law, this loan broker has established a trust account (number of account) with (name/address of bank or savings institution). Before signing a contract with this loan broker you should check with the bank or savings institution to determine the current status of the trust account."
Added by Acts 1982, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1915. Violation as unfair trade practice; enforceability; substantiation

RS 51:1915 - Violation as unfair trade practice; enforceability; substantiation
A. Violation of any of the provisions of this Chapter shall constitute an unfair practice under R.S. 51:1405(A).
B. If a loan broker uses any untrue or misleading statements in connection with a loan brokerage contract, fails to fully comply with the requirements of this Chapter, fails to comply with the terms of the contract or any obligation arising therefrom, or fails to make diligent effort to obtain or procure a loan on behalf of the prospective borrower, then, upon written notice to the broker, the prospective borrower may void the contract, and shall be entitled to receive from the broker all sums paid to the broker, and recover any additional damages including attorney's fees.
C. Any contract for loan brokering services is unenforceable against the prospective borrower and a violation of this Chapter if it contains any provisions whereby the prospective borrower agrees to waive any requirements of this Chapter.
D. The remedies provided herein shall be in addition to any other remedies provided for by law.
E. Loan brokers must provide substantiation for advertising claims or other representations made to solicit business upon request of a district attorney, the attorney general or the director of the office of consumer protection.
Added by Acts 1982, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1916. Application

RS 51:1916 - Application
The provisions of this Chapter shall apply in all circumstances in which any party to the contract conducted any contractual activity, including but not limited to advertising, solicitation, discussion, negotiation, offer, acceptance, signing, or performance, in this state.
Added by Acts 1982, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1922. Policy statement

RS 51:1922 - Policy statement
The primary purpose of the Louisiana Capital Companies Tax Credit Program is to provide assistance in the formation and expansion of new businesses which create jobs in the state by providing for the availability of venture capital financing to entrepreneurs, managers, inventors, and other individuals for the development and operation of qualified Louisiana businesses.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1922.1. Administration of the program

RS 51:1922.1 - Administration of the program
The Department of Economic Development shall maintain and interpret policy for the Louisiana Capital Companies Tax Credit Program. The Office of Financial Institutions shall perform the regulatory and examination functions of the program.
Acts 2001, No. 1122, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1925. Certification of a capital company

RS 51:1925 - Certification of a capital company
A. The commissioner shall provide by rule or regulation in accordance with the provisions of the Administrative Procedure Act for the procedures for making an application for certification of a capital company.
B. The commissioner shall review the articles of incorporation or the articles of partnership or articles of organization of each applicant for certification and the business history of the applicant, determine that the capitalization is at least two hundred thousand dollars, and determine that the officers, board of directors, partners, managers, or members are thoroughly acquainted with the requirements of the capital company's tax credit program and the certification and decertification procedures.
C. Within sixty days of application, the commissioner shall issue the certification and notify the Department of Revenue and the commissioner of insurance of said certification or shall refuse the certification and communicate in detail to the applicant the grounds for the refusal, including suggestions for the removal of those grounds.
D. The commissioner shall furnish a list of persons or businesses who may claim the tax credit to the Department of Revenue and the commissioner of insurance on a calendar year quarterly basis following receipt of such quarterly information as provided for under R.S. 51:1926(F).
Acts 1983, No. 642, §1; Acts 1987, No. 703, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 2001, No. 1122, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1929. Rules and regulations

RS 51:1929 - Rules and regulations
The secretary or the commissioner may make and promulgate rules and regulations as necessary to carry out the provisions of this Chapter, including but not limited to the following:
(1) Providing for definitions.
(2) Establishing licensure requirements.
(3) Providing for certification and decertification of licensees.
(4) Addressing issues regarding premium tax reductions and income tax credits.
(5) Establishing fees and assessments.
(6) Establishing dates by which reports shall be filed with the commissioner.
(7) Providing for administrative and enforcement actions.
Acts 1989, No. 496, §1; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 1122, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1929.1. Guidance by commissioner; advisory opinions

RS 51:1929.1 - Guidance by commissioner; advisory opinions
A. Advisory opinions and interpretations of the commissioner shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
B. This Section shall only have prospective application.
Acts 1997, No. 58, §4; Acts 2001, No. 1122, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1930. Other department responsibilities

RS 51:1930 - Other department responsibilities
The department, in addition to other grants of authority to promote the economic development of the state, is hereby authorized to serve as a clearinghouse for information relevant to potential incorporators or organizers of certified Louisiana capital companies and for the locating and promoting of qualified Louisiana businesses seeking infusions of capital.
Acts 1989, No. 496, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1931. Program termination

RS 51:1931 - Program termination
The commissioner shall not certify a capital company to begin the program later than June 30, 2003. The commissioner shall not certify capital later than December 31, 2003.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1; Acts 1992, No. 849, §2; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1994, 3rd Ex. Sess., No. 9, §2; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1932. Corporation income and franchise tax exemption

RS 51:1932 - Corporation income and franchise tax exemption
A. Notwithstanding any other provision of law to the contrary, any corporation that is a certified Louisiana capital company as provided for in this Chapter shall be exempt from the corporation income tax and the corporation franchise tax levied pursuant to Title 47 of the Louisiana Revised Statutes of 1950 for five consecutive taxable periods. The exemption from the corporation income tax shall commence with the taxable period in which the capital company is certified by the commissioner. The exemption from the corporation franchise tax shall commence with the taxable period next following the taxable period in which certification as a certified Louisiana capital company is obtained from the commissioner.
B. In the case of a corporation obtaining certification as a certified Louisiana capital company prior to the beginning of its first taxable period, the exemption from corporation income tax provided for in Subsection A shall commence with the corporation's first taxable period and shall continue through its next four consecutive taxable periods. The exemption from corporation franchise tax shall commence with the corporation's second taxable period and shall continue through its next four consecutive taxable periods.
Acts 1986, No. 915, §1, eff. for taxable periods after Dec. 31, 1985; Acts 1989, No. 496, §1; Acts 2001, No. 1122, §1, eff. July 1, 2001.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1933. Administration matters

RS 51:1933 - Administration matters
All investments of certified capital in a certified Louisiana capital company prior to June 27, 1996, shall be one investment pool; the investment date of such investment pool shall be the date of certification or recertification, as the case may be, of the certified Louisiana capital company.
Acts 1996, No. 21, §2, eff. June 27, 1996.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1934. Confidentiality of records

RS 51:1934 - Confidentiality of records
A. The provisions of R.S. 51:2389(G)(5) shall apply to all records of certified Louisiana capital companies provided to or generated by the Office of Financial Institutions.
B. In conjunction with the execution of their respective duties and responsibilities, the department and the commissioner may share with one another documents and other materials submitted by certified Louisiana capital companies or by Louisiana businesses. All information exchanged by the department and the commissioner shall be kept strictly confidential within the respective agencies. Such information shall not be subject to subpoena or other legal process, except as set forth in R.S. 9:3518.1(D).
C. Notwithstanding any provision in this Section to the contrary, the secretary and the commissioner shall not be prohibited from disclosure of the following information:
(1) The total amount of certified capital raised.
(2) The total amount of certified capital raised by each certified Louisiana capital company group.
(3) The total amount of certified capital invested in qualified Louisiana businesses.
(4) The total amount of certified capital that each certified Louisiana capital company has that has yet to meet the sixty percent or one hundred percent requirements contained in R.S. 51:1928.
(5) The total amount of certified capital invested in qualified Louisiana businesses by each certified Louisiana capital company group.
(6) The amounts and types of jobs created or retained by the investments of certified capital by each certified Louisiana capital company group.
Acts 1997, No. 366, §5; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1935. Investment in approved funds

RS 51:1935 - Investment in approved funds
A.(1) On or before December 31, 1998, any certified Louisiana capital company that will have capital certified pursuant to R.S. 51:1931 and which qualifies for credits pursuant to R.S. 22:832(E) shall enter into an agreement with the secretary wherein the certified Louisiana capital company invests a specified amount, not to exceed five percent as determined by the secretary, of all certified capital investment pools for which insurance premium tax credits were granted and that have not been decertified into:
(a) One or more capital management funds as approved by the secretary whose primary investment objectives include pre-seed, seed, and early stage business ventures, and whose investment in any such business and its affiliates is limited to one million dollars or less.
(b) Any certified Louisiana capital company whose primary investment objectives include investing in certified disadvantaged businesses, business ventures operating in economically distressed areas, or Louisiana businesses and affiliates in an amount not exceeding one million dollars.
(2) Beginning on January 1, 2000, the secretary shall annually determine the amount of additional investment required to be invested by each certified Louisiana capital company. Such amount required to be invested by each certified Louisiana capital company shall not exceed ten percent of all capital certified in the previous calendar year that are eligible for credits pursuant to R.S. 22:832(E) from insurance tax credit investors.
(3) Any investment made pursuant to this Section by a certified Louisiana capital company shall be considered a qualified Louisiana investment.
B. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the governance, administration, and operation of any such capital management fund, including a requirement that any approved capital management fund be managed by a qualified individual and a requirement that each certified Louisiana capital company be eligible for equal representation on any body formed for the governance of the management fund.
C. The requirements of this Section shall not apply to any investment pool certified after January 1, 2002.
Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1941. Definitions

RS 51:1941 - Definitions
The following definitions apply when used in this Chapter:
(1) "Collateral costs" means sales tax, license fees, and registration fees and any similar governmental charges.
(2) "Consumer" means:
(a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty.
(b) A person, other than for purposes of resale, to whom a motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle.
(c) A person to whom a motor vehicle is leased.
(d) Any other person entitled to enforce the warranty.
(3) "Dealer" means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business.
(4) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles.
(5) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty.
(6) "Motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in R.S. 32:1252, sold in this state on or after September 1, 1984. "Motor vehicle" shall include a personal watercraft as defined in R.S. 34:855.2 and an all-terrain vehicle as defined in R.S. 32:1252, sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded:
(a) Motor vehicles 10,000 GVW or above.
(b) Motor vehicles used exclusively for commercial purposes.
(7) "Nonconformity" means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1942. Manufacturer's duty to repair; nonconformity

RS 51:1942 - Manufacturer's duty to repair; nonconformity
If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.
Acts 1984, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1943. Express warranties; time limit to conform

RS 51:1943 - Express warranties; time limit to conform
A.(1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.
(2) If a manufacturer fails to respond to the consumer or to perform the repairs within the time periods described in this Subsection, such manufacturer shall be considered to have waived his rights to a final attempt to cure the nonconformity.
B. The term of an express warranty shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.
C. The provisions in Subsection A of this Section shall be suspended for any period of time during which repair services cannot be performed by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster.
Acts 1984, No. 228, §1; Acts 1999, No. 933, §1; Acts 2008, No. 701, §1; Acts 2021, No. 220, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1944. Motor vehicle replacement or refund

RS 51:1944 - Motor vehicle replacement or refund
A. If after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days during the warranty period, the manufacturer shall:
(1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option,
(2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.
B. If the transaction is a lease, the provisions of Paragraph (1) of Subsection (A) of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof.
C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections (A), (B) and (C) of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1995, No. 1136, §1; Acts 1999, No. 933, §1; Acts 2021, No. 220, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1945. Transfer of title; time limitation

RS 51:1945 - Transfer of title; time limitation
At the time of receiving the comparable new motor vehicle or refund under R.S. 51:1944, the consumer, or lessor, where applicable, shall surrender the motor vehicle subject to the nonconformity to the manufacturer together with the certificate of title with all endorsements necessary to transfer title to the manufacturer. The manufacturer shall provide the consumer, or lessor, where applicable, with a comparable new motor vehicle or refund within thirty days after an offer to transfer title in compliance with this Section by the consumer, or lessor, where applicable, or within thirty days after a decision by the informal dispute settlement procedure established by the manufacturer to award a refund or replacement.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1945.1. Mandatory disclosure of nonconformity to warranty by sellers

RS 51:1945.1 - Mandatory disclosure of nonconformity to warranty by sellers
A.(1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any second-hand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW."
(2) Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.
B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation.
Acts 1992, No. 603, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1947. Attorney fees

RS 51:1947 - Attorney fees
If the motor vehicle does not conform to applicable express warranties after the consumer has complied with the requirements of this Chapter, the consumer shall be entitled to reasonable attorney fees actually incurred if a judgment is rendered in part or whole in his favor.
Acts 1985, No. 169, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1948. Manufacturer's duty to provide reimbursement for temporary replacement vehicle; penalties

RS 51:1948 - Manufacturer's duty to provide reimbursement for temporary replacement vehicle; penalties
A. Whenever a motor vehicle which is covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day:
(1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.
(2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions.
B. The provisions of this Section regarding a manufacturer's duty shall extend only for the period of the length of the manufacturer's express warranty or for two years, whichever period of time occurs first.
C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer.
D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair.
E. Repealed by Acts 2021, No. 220, §3.
Acts 1986, No. 1058, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1949. Disclosure by seller

RS 51:1949 - Disclosure by seller
It shall be an unfair and deceptive trade practice within the meaning of R.S. 51:1405(A) for any person to sell a motor vehicle of 1980 or later model from which the emission controls have been removed, disconnected, or otherwise rendered inoperable without disclosing such fact to the potential buyer prior to the sale of the vehicle. Any person aggrieved by a violation of this Chapter shall have a right of action regardless of whether the sale is a commercial or consumer transaction.
Acts 1986, No. 1054, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1949.1. Imposition of certain fees in motor vehicle rental agreements

RS 51:1949.1 - Imposition of certain fees in motor vehicle rental agreements
A. A motor vehicle lessor, in a rental agreement, may list mandatory charges separately, including but not limited to vehicle license recovery fees, airport access fees, airport concession fees, and all applicable taxes.
B. If a motor vehicle lessor includes a vehicle license recovery fee as a separate charge in a rental agreement, the amount of the fee shall represent the motor vehicle lessor's good-faith estimate of the lessor's average per vehicle portion of the lessor's total annual titling and registration costs incurred pursuant to the provisions of R.S. 47:451 et seq.
C. If the total amount of the vehicle license recovery fees collected by a motor vehicle lessor pursuant to this Section in any one calendar year exceeds the lessor's actual costs to license, title, and register the motor vehicles for that year, the lessor shall do the following:
(1) Retain the excess amount collected.
(2) Adjust the estimated average per vehicle titling and registration charge for the following calendar year by a corresponding amount.
D. As used in this Section, the following terms have the following meanings:
(1) "Motor vehicle" means that term as defined in R.S. 32:1252.
(2) "Motor vehicle lessor" means that term as defined in R.S. 32:1252 and subject to the licensing provisions of R.S. 32:1254(A).
(3) "Vehicle license recovery fee" means a charge that is included in a vehicle rental transaction to recover costs incurred by a motor vehicle lessor to license, title, and register rental vehicles.
Acts 2016, No. 61, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1950. §§1950 to 1954 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.

RS 51:1950 - §§1950 to 1954 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1952. Definitions

RS 51:1952 - Definitions
As used in this Chapter, the terms defined in this Section have the meanings given to them, except where the context expressly indicates otherwise:
(1) "Educational institution" means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:
(a) A university, college, or junior college.
(b) An academy.
(c) An elementary or secondary school.
(d) An extension course.
(e) A kindergarten.
(f) A nursery school.
(g) A school system, school district, or intermediate school district.
(h) A business, nursing, professional, secretarial, technical, or vocational school.
(i) A public or private educational testing service or test administrator.
(j) An agent of an educational institution.
(2) "Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
(3) "Employer" means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer.
(4) "Personal online account" means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. A personal online account does not extend to any account or profile created, serviced, maintained, used, or accessed by a current employee, applicant for employment, student, or prospective student for either business purposes of the employer or educational institution or to engage in business-related communications.
Acts 2014, No. 165, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1954. Educational institutions; prohibited activities; exceptions

RS 51:1954 - Educational institutions; prohibited activities; exceptions
A. An educational institution shall not do any of the following:
(1) Request or require a student or prospective student to disclose any username, password, or other authentication information that allows access to the student's or prospective student's personal online account.
(2) Expel, discipline, fail to admit, or otherwise penalize or threaten to penalize a student or prospective student for failure to disclose any information specified in this Subsection.
B. An educational institution shall not be prohibited from requesting or requiring a student or prospective student to disclose any username, password, or other authentication information to the educational institution to gain access to or operate any of the following:
(1) An electronic communications device paid for or supplied in whole or in part by the educational institution, except where the device has been provided to the student or prospective student with the intent to permanently transfer ownership of the device to the student or prospective student.
(2) An account or service provided by the educational institution that is either obtained by virtue of the student's or prospective student's admission to the educational institution or used by the student or prospective student for educational purposes.
C. An educational institution shall not be prohibited from doing any of the following:
(1) Viewing, accessing, or utilizing information about a student or prospective student that can be obtained without the information specified in Paragraph (A)(1) of this Section or that is available in the public domain.
(2) Restricting or prohibiting a student's or prospective student's access to certain websites while using an electronic communications device paid for or supplied in whole or in part by the educational institution or while using an educational institution's network or resources, in accordance with state and federal law, except where the device has been provided to the student or prospective student with the intent to permanently transfer the ownership of the device to the student or prospective student.
D. Nothing in this Section shall be construed to prohibit or restrict a student or prospective student from self-disclosing any username, password, or other authentication information to the educational institution that allows access to the student's or prospective student's personal online account.
Acts 2014, No. 165, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1955. No duty to monitor; liability

RS 51:1955 - No duty to monitor; liability
A. This Chapter shall not create a duty for an employer or educational institution to search or monitor the activity of an individual's personal online account.
B. An employer or educational institution shall not be liable under this Chapter for failure to request or require an employee, a student, an applicant for employment, or a prospective student to disclose information that allows access to the employee's, student's, applicant's, or prospective student's personal online account.
Acts 2014, No. 165, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1962. Definitions

RS 51:1962 - Definitions
For purposes of this Chapter the following terms shall have the meanings set forth herein:
(1) "Computer software" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result, in any form in which such statements or instructions may be fixed, by any method now known or hereafter developed, regardless of whether such statements or instructions are capable of being perceived by or communicated to humans, together with any associated documentation and materials.
(2) "License agreement" means any written document on which the word "license", either alone or in combination with other words, appears prominently at or near the top of such document in such a position of prominence so as to be readily noticeable to a person of average literacy viewing such document.
(3) "Reverse engineering, decompiling or disassembling" means any process by which computer software is converted from one form to another form which is more readily understandable to human beings, including without limitation any decoding or decrypting of any computer program which has been encoded or encrypted in any manner.
Acts 1984, No. 744, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1963. Requirements for enforceability

RS 51:1963 - Requirements for enforceability
Any person who acquires computer software or a copy thereof shall be conclusively deemed to have accepted and agreed to all the terms of the license agreement for such software or copy thereof, including any applicable provisions contained in R.S. 51:1964, if:
(1) A written legend or notice is affixed to or packaged with the software or copy thereof in such a manner that the legend or notice is clearly and conspicuously visible upon cursory examination of the software and related packaging; and
(2) The legend or notice is prominently displayed in all capital letters and in language which is readily understandable to a person of average literacy; and
(3) The legend or notice states clearly that:
(a) Any use of the software or copy thereof will constitute acceptance of the terms of the accompanying license agreements; or,
(b) Any opening of a sealed package, envelope, or container in which the software or copy thereof is contained will constitute acceptance of the terms of the accompanying license agreement; and
(4) The legend or notice states clearly that anyone who receives the software or a copy thereof and does not accept and agree to the terms of the accompanying license agreement may, within a reasonable time, return the unused, unopened software or copy thereof to the party from whom it was acquired, or to some other identified party, for a full refund of any consideration paid; and
(5) The person acquiring the software or copy thereof takes such action as is stated in the legend or notice to constitute acceptance of and agreement to the terms of the accompanying license agreement.
Acts 1984, No. 744, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1964. Terms deemed accepted

RS 51:1964 - Terms deemed accepted
Terms of which shall be deemed to have been accepted under R.S. 51:1963, if included in an accompanying license agreement which conforms to the provisions of R.S. 51:1965, may include any or all of the following:
(1) Provisions for the retention by the licensor of title to the copy of the computer software.
(2) If title to the copy of computer software has been retained by the licensor, provisions for the prohibition of any copying of the copy of computer software for any purpose and/or limitations on the purposes for which copies of the computer software can be made and/or limitations on the number of copies of the computer software which can be made.
(3) If title to the copy of computer software has been retained by the licensor, provisions for the prohibition or limitation of rights to modify and/or adapt the copy of the computer software in any way, including without limitation prohibitions on translating, reverse engineering, decompiling, disassembling, and/or creating derivative works based on the computer software.
(4) If title to the copy of computer software has been retained by the licensor, provisions for prohibitions on further transfer, assignment, rental, sale, or other disposition of that copy or any other copies made from that copy of the computer software, provided that terms which prohibit the transfer of a copy of computer software in connection with the sale or transfer by operation of law of all or substantially all of the operating assets of a licensee's business shall to that extent only not be deemed to have been accepted under R.S. 51:1963.
(5) Provisions for the automatic termination without notice of the license agreement if any provisions of the license agreement are breached by the licensee.
Acts 1984, No. 744, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1965. Display of terms of license agreement

RS 51:1965 - Display of terms of license agreement
In order to be deemed accepted pursuant to R.S. 51:1963, the terms of the accompanying license agreement must be clearly and conspicuously stated in the license agreement in language readily understandable to the person of average literacy, and the license agreement must be attached to or packaged with the copy of the computer software in such a manner that the terms are susceptible to being readily examined before the act which is deemed to constitute acceptance occurs.
Acts 1984, No. 744, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1966. Enforceability

RS 51:1966 - Enforceability
The provisions of this Chapter are not intended to limit in any manner the effectiveness or enforceability of any of the provisions of such a license agreement under any other provisions of the laws of this state, nor is this Chapter intended to limit in any manner the laws of this state or any other laws.
Acts 1984, No. 744, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2002. Return electronic mail addresses; required disclosure

RS 51:2002 - Return electronic mail addresses; required disclosure
Any sender of unsolicited commercial electronic mail advertisements either from Louisiana or to a Louisiana electronic mail address shall do all of the following:
(1) Maintain a functioning return electronic mail address to which a recipient may send a reply indicating the recipient's desire not to receive further commercial electronic mail advertisements from the sender at the electronic mail address at which the message was received.
(2) Maintain a functioning website at which a recipient may request his removal from the sender's mailing list.
(3) Clearly and conspicuously disclose in the commercial electronic mail advertisement all of the following:
(a) The recipient's right to decline to receive further unsolicited commercial electronic mail advertisements at the electronic mail address at which the message was received.
(b) The recipient's ability to decline to receive further unsolicited commercial electronic mail advertisements by sending a message to the sender's functioning return electronic mail address.
(c) The sender's functioning return electronic mail address.
(4) Include in the subject line of the commercial electronic mail advertisement "ADV:" as the first four characters.
(5) If the commercial electronic mail advertisement contains obscene material, include in the subject line of the commercial electronic mail advertisement "ADV:ADLT" as the first eight characters.
Acts 2003, No. 1275, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2003. Unlawful activities

RS 51:2003 - Unlawful activities
A. It is unlawful for any person knowingly to initiate the transmission of an unsolicited commercial electronic mail advertisement either from Louisiana or to a Louisiana electronic mail address under any of the following circumstances:
(1) The commercial electronic mail advertisement contains or is accompanied by a third party's domain name without permission of the third party.
(2) The commercial electronic mail advertisement contains or is accompanied by falsified, misrepresented, intentionally obscured, or forged header information.
(3) The commercial electronic mail advertisement has a subject line that is intended to mislead the public about the contents of the advertisement.
(4) The sender is in violation of R.S. 51:2002 or the commercial electronic mail advertisement does not contain the notice required by R.S. 51:2002(3).
(5) More than twenty-one business days after the recipient of an unsolicited commercial electronic mail advertisement has informed the sender, by use of the functioning return electronic mail address or by other electronic means communicated to and specified by the sender, that the recipient does not wish to receive unsolicited commercial electronic mail advertisements at that electronic mail address.
(6) An employer has informed the sender, as provided in Subsection C of this Section, not to send further unsolicited commercial electronic mail advertisements to designated electronic mail addresses.
B. It is unlawful for any person to knowingly sell or otherwise provide a list of electronic mail addresses to be used to:
(1) Initiate the transmission of unsolicited commercial electronic mail advertisements in violation of this Chapter from Louisiana.
(2) Initiate the transmission of unsolicited commercial electronic mail advertisements in violation of this Chapter to a Louisiana electronic mail address.
C. An employer who provides or has control over one or more electronic mail addresses used by his employees may notify the sender of an unsolicited commercial electronic mail advertisement, by use of the functioning return electronic mail address or by other electronic means communicated to the sender, that no further commercial electronic mail advertisements should be transmitted to any of the employer-provided and employer-controlled electronic mail addresses.
Acts 2003, No. 1275, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2004. Civil actions

RS 51:2004 - Civil actions
A. Any person whose property or person is injured by reason of a violation of any provision of this Chapter may recover for any damages sustained and the costs of suit. For the purposes of this Section, the term "damages" shall include but not be limited to loss of profits.
B. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, the injured person, other than an electronic mail service provider, may also recover attorney fees and costs and may elect, in lieu of actual damages, to recover the lesser of ten dollars for each and every unsolicited commercial electronic mail message transmitted in violation of this Chapter, or twenty-five thousand dollars per day. The injured person shall not have a cause of action against the electronic mail service provider, which merely transmits the unsolicited commercial electronic mail message over its computer network.
C. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, an injured electronic mail service provider may also recover attorney fees and costs and may elect, in lieu of actual damages, to recover the lesser of ten dollars for each and every unsolicited commercial electronic mail message transmitted in violation of this Chapter, or twenty-five thousand dollars per day.
D. At the request of any party to an action brought pursuant to this Section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
E. An electronic mail service provider shall not be deemed in violation of this Chapter and the injured party shall not have a cause of action against an electronic mail service provider due to the fact that the electronic mail service provider:
(1) Is an intermediary between the sender and recipient in the transmission of an electronic mail that violates this Chapter.
(2) Provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is or will be sent in violation of this Chapter.
Acts 2003, No. 1275, §1.