Louisiana 2011 Regular Session

Louisiana House Bill HB128

Introduced
4/25/11  
Refer
4/25/11  

Caption

Prohibits a vendor from requesting that a customer provide personal information when making a purchase

Impact

This legislation amends existing laws concerning deceptive trade practices. It effectively brings a significant change in how retail businesses handle consumer transactions by restricting the collection of personal data. However, it provides exceptions for situations where personal information is required by law, such as in the prevention of fraud, theft, or identity theft. Additionally, transactions involving check payments and sales of automobiles are specifically exempted from these provisions, maintaining a level of compliance with existing regulations that necessitate the collection of personal information.

Summary

House Bill 128 is aimed at enhancing consumer privacy by prohibiting retail businesses from requesting or requiring a consumer’s personal information when transactions are completed using cash, credit cards, debit cards, or gift cards. The intent of this bill is to protect consumers from potential identity theft and invasion of privacy, especially in transactions where personal information is not necessary for completing the sale. This approach recognizes the growing concerns over data privacy and the need to limit the collection of unnecessary personal information during retail transactions.

Sentiment

The sentiment surrounding HB 128 appears to be generally supportive among consumer advocacy groups and policymakers concerned with consumer rights and data privacy. By limiting the amount of personal information required during transactions, the bill is viewed as an essential step toward safeguarding consumer privacy rights. However, there could be apprehensions from retail businesses regarding the implications this could have on the way they operate, especially concerning compliance with federal regulations that might require data collection for certain transactions.

Contention

Notable points of contention involve the exemptions outlined in the bill, particularly concerning transactions that still require personal information either by legal statute or for fraud prevention purposes. Retailers may argue that some level of data collection is necessary to ensure transaction security and to prevent fraud, balancing customer privacy needs against operational necessities. Additionally, the exemptions for public utilities that are regulated may raise discussions about which businesses benefit from these regulations and how uniform consumer protection measures should be implemented across different sectors.

Companion Bills

No companion bills found.

Previously Filed As

LA A3200

Prohibits retail motor fuel dealer from charging a credit card customer in excess of four percent above the purchase price for same fuel sold to customer paying by cash.

LA S1193

Prohibits retail motor fuel dealer from charging a credit card customer in excess of four percent above the purchase price for same fuel sold to customer paying by cash.

LA HB195

Provides relative to the purchase of junk or used or secondhand property

LA AB161

Solid waste: paper waste: proofs of purchase.

LA HB1370

Health care providers, certain; reporting of medical debt to consumer reporting agencies prohibited.

LA HB221

Prohibits solicitations using a lender's name or customer information

LA SB791

Alcoholic beverages; excluding online and delivery purchases of alcoholic beverages from prohibited acts. Effective date.

LA SB791

Alcoholic beverages; excluding online and delivery purchases of alcoholic beverages from prohibited acts. Effective date.

LA SB754

Consumer Protection Act; prohibited practices, etc., reproductive or sexual health information.

LA HB1187

Provides for the purchase of used or secondhand goods

Similar Bills

MN SF4967

Consumers in Crisis Protection Act

MN HF4407

Consumers in Crisis Protection Act enacted, civil penalties provided, and administrative rulemaking authorized.

NC S176

Consum. in Crisis Protect. Act/ESOPs Min. Bus

NC H925

Consumers in Crisis Protection Act

WV HB3453

Consumer Data Protection Act

WV HB2953

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WV HB5112

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NJ A988

Includes payday lending as a violation of the consumer fraud act.