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)]
Schexnayder HB No. 1246
Abstract: Prohibits tire distributors from engaging in certain practices regarding the return or
exchange of tires.
Proposed law prohibits a tire distributor who provides a tire retailer with a product other than the
one ordered by the tire retailer from charging the tire retailer for the cost of the correct product to
be sent to the tire retailer in exchange if all of the following apply:
(1)The tire retailer notified the tire distributor of the error within 48 hours of delivery of the
wrong product.
(2)The tire distributor will pick up the original product at the same time the correct product
is delivered.
Proposed law requires the tire distributor, if the tire retailer requests to return the incorrect
product for a refund instead of an exchange, to issue a refund in the same method of payment as
the original payment no later than 48 hours after the incorrect product has been picked up by the
tire distributor.
Proposed law requires a tire distributor, if a tire retailer orders an incorrect product, to only
charge the tire retailer for the cost of the new product to be provided that exceeds the cost paid by
the tire retailer for the product originally ordered if all of the following apply:
(1)The tire retailer notified the tire distributor of the error within 48 hours of delivery of the
product.
(2)The tire distributor will pick up the original product at the same time the new product is
delivered.
Proposed law requires the tire distributor, if the cost of the new product to be delivered is less
than the cost of the product originally ordered, to issue a refund for the difference in price in the
same method of payment as the original payment no later than 48 hours after the original product
has been picked up by the tire distributor.
Proposed law deems a violation of proposed law as a deceptive and unfair trade practice and the
violator subject to any and all actions and penalties provided for present law relative to unfair
trade practices. Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 51:1422)