ENROLLED
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ACT No. 272
Regular Session, 2012
HOUSE BILL NO. 660
BY REPRESENTATIVE STUART BISHOP AND SENATORS APPEL, CORTEZ, AND
THOMPSON
AN ACT1
To enact Subpart C of Part VIII of Chapter 1 of Title 51 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 51:391, relative to solicitations; to prohibit3
solicitations with misleading governmental appearances; to provide for a disclaimer;4
to provide for a civil penalty; to provide for a remedy; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart C of Part VIII of Chapter 1 of Title 51 of the Louisiana Revised8
Statutes of 1950, comprised of R.S. 51:391, is hereby enacted to read as follows:9
SUBPART C. SOLICITATIONS10
ยง391. Solicitations; misleading governmental appearance prohibited; disclaimer;11
penalty12
A. A solicitation by a nongovernmental entity, for the purchase of or13
payment for a product or service, which is in the form of and reasonably could be14
interpreted or construed as a bill, invoice, or statement of account due, but15
constitutes, in fact, a solicitation for the order by the addressee of goods or services,16
or both, shall not contain any material which:17
(1) Reasonably could be interpreted or construed as implying any Louisiana18
state government connection, approval, or endorsement through the use of a seal,19
insignia, or name of a state agency, department, commission, or program, or a20
citation to a state statute.21
(2) Contains any reference to or a citation to a state statute that misrepresents22
either the identity of the mailer or the protection or status afforded such matter by the23
Louisiana state government.24 ENROLLEDHB NO. 660
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B. In addition to the provisions of Subsection A of this Section, each1
solicitation shall bear on its face, at the beginning, in conspicuous and legible type2
which is not smaller than fourteen-point font and is in contrast by typography,3
layout, or color with any other printing on the solicitation, the following disclaimer:4
"THIS IS A SOLICITATION FOR THE ORDER OF GOODS OR5
SERVICES, OR BOTH, AND NOT A BILL, INVOICE, OR STATEMENT OF6
ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE ANY7
PAYMENTS ON ACCOUNT OF THIS OFFER UNLESS YOU ACCEPT THIS8
OFFER. THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR9
ENDORSED BY ANY LOUISIANA STATE GOVERNMENT AGENCY, AND10
THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE LOUI SIANA11
STATE GOVERNMENT."12
C. Any solicitation in violation of this Section shall subject the violator to13
a civil fine of not more than one thousand dollars per violation. The attorney general14
shall bring proceedings to recover all fines due pursuant to this Section. The15
remedies and penalties provided in this Section shall be cumulative to all other16
remedies and penalties provided by law.17
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: