HLS 11RS-341 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 128
BY REPRESENTATIVE AUSTIN BADON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONSUMERS/PROTECTI ON: Prohibits a vendor from requesting that a customer provide
personal information when making a purchase
AN ACT1
To amend and reenact R.S. 51:1421(A) and (B), relative to deceptive trade practices; to2
prohibit a retail business from requesting or requiring a consumer's personal3
information when completing a consumer transaction using cash, credit card, debit4
card, or gift card as the form of payment; to provide for an exception when a check5
is used as the form of payment; to provide for an exception for the purchase of an6
automobile; to provide for an exception when required by law or to prevent fraud,7
theft, or identity theft; to provide for an exception for requests for photo8
identification for credit or debit transactions; to prohibit the recording of information9
on a photo identification unless the information is necessary for the completion of10
the transaction; to provide for an exception for certain public utilities; and to provide11
for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 51:1421(A) and (B) are hereby amended and reenacted to read as14
follows: 15
ยง1421. Deceptive trade practices; requesting certain personal information for cash16
sales consumer transactions17
A. No retail business shall request or require a consumer's name, address, zip18
code, telephone number, or other personal information when completing a consumer19 HLS 11RS-341 ENGROSSED
HB NO. 128
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are additions.
transaction for cash sale using cash, credit card, debit card, or gift card as the form1
of payment.2
B.(1) Nothing in this Section shall apply to a transaction when a consumer3
makes payment either by credit card or by check.4
(2) This Section shall not apply to a transaction for cash involving the sale5
of an automobile.6
(3) The provisions of this Section shall not apply in instances where either7
state or federal law requires the retail business to obtain a consumer's personal8
information when completing a cash sale or where a consumer's personal information9
is used for prevention of fraud, theft, or identify theft.10
(4) Nothing in this Section shall be construed to prohibit a retail business11
from requesting a form of photo identification, including but not limited to a driver's12
license, from the consumer in a transaction where a credit card or debit card is used13
as the form of payment. The retail business is prohibited from recording the14
information contained on the photo identification unless the information is required15
to complete the transaction, such as for shipping purposes.16
(5) Nothing in this Section shall be construed to apply to public utilities that17
are regulated by the Louisiana Public Service Commission or the council of the city18
of New Orleans.19
* * *20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Austin Badon HB No. 128
Abstract: Prohibits a retail business from requesting or requiring a consumer's personal
information when completing a consumer transaction using cash, credit card, debit
card, or gift card as the form of payment.
Present law prohibits a retail business from requiring a consumer's name, address, telephone
number, or other personal information when completing a consumer transaction for cash
sale. HLS 11RS-341 ENGROSSED
HB NO. 128
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law prohibits a retail business from requesting or requiring a consumer's name,
address, telephone number, zip code, or other personal information when completing a
consumer transaction using cash, credit card, debit card, or gift card as the form of payment.
Present law provides that present law shall not apply to a transaction when a consumer
makes payment either by credit card or by check.
Proposed law provides that proposed law shall not apply to a transaction when a consumer
makes payment by check.
Present law provides that present law shall not apply to a transaction for cash involving the
sale of an automobile.
Proposed law provides that proposed law shall not apply to a transaction involving the sale
of an automobile.
Present law provides that present law shall not apply in instances where either state or
federal law requires the retail business to obtain a consumer's personal information when
completing a cash sale.
Proposed law provides that proposed law shall not apply in instances where either state or
federal law requires the retail business to obtain a consumer's personal information when
completing a sale or where a consumer's personal information is used for prevention of
fraud, theft, or identify theft.
Proposed law provides that proposed law shall not prohibit a retail business from requesting
a form of photo identification, including but not limited to a driver's license, from the
consumer in a transaction where a credit card or debit card is used as the form of payment.
Proposed law prohibits the retail business from recording the information contained on the
photo identification unless the information is required to complete the transaction, such as
for shipping purposes.
Proposed law shall not be construed to apply to public utilities that are regulated by the
Louisiana Public Service Commission or the council of the city of New Orleans.
(Amends R.S. 51:1421(A) and (B))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Adds an exception for instances where a consumer's personal information is used
for prevention of fraud, theft, or identify theft.
2. Exempts public utilities that are regulated by the Louisiana Public Service
Commission or the council of the city of New Orleans.