ENROLLED
ACT No. 14
2019 Regular Session
HOUSE BILL NO. 305
BY REPRESENTATIVES FALCONER, AMEDEE, BACALA, BAGLEY, BAGNERIS,
BERTHELOT, BILLIOT, BOURRIAQUE, CHAD BROWN, TERRY BROWN,
CARMODY, CHANEY, CONNICK, COUSSAN, COX, DAVIS, DUBUISSON,
EMERSON, GAINES, GAROFALO, GISCLAIR, GUINN, HILFERTY, HOLLIS,
HORTON, HOWARD, HUVAL, IVEY, JACKSON, JEFFERSON, JORDAN,
LACOMBE, NANCY LANDRY, LEBAS, LEOPOLD, LYONS, MARCELLE,
MCMAHEN, MIGUEZ, GREGORY MILLER, JAY MORRIS, MOSS, NORTON,
PEARSON, PIERRE, PUGH, PYLANT, SCHEXNAYDER, STAGNI, STOKES,
THOMAS, TURNER, WHITE, WRIGHT, AND ZERINGUE AND SENATOR
THOMPSON
1 AN ACT
2 To enact R.S. 51:1409.1, relative to unfair trade practices; to provide with respect to elder
3 persons and persons with disabilities; to provide for a private right of action; to
4 provide with respect to fraudulent marketing through telephone, electronic mail, or
5 text messaging; to provide for damages; to provide definitions; to provide for
6 limitation of liability; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 51:1409.1 is hereby enacted to read as follows:
9 ยง1409.1. Deceptive practices; telephone, electronic mail, or text messaging; elder
10 persons and persons with disabilities; private actions
11 A. For purposes of this Section, the following definitions apply:
12 (1) "Electronic mail" means an electronic message that is transmitted
13 between two or more telecommunications devices, computers, or other electronic
14 devices capable of sending and receiving electronic messages with a person
15 identified by a unique electronic address.
16 (2) "Telephone" means a system for transmitting voices over a distance using
17 wire, radio, cellular, or electric signals.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 305 ENROLLED
1 (3) "Text messaging" means using a wireless telecommunications device to
2 manually communicate with any person by using a text-based communication
3 referred to as a text message, instant message, or direct message.
4 B. In addition to any damages to which a person is entitled pursuant to R.S.
5 51:1409, the court may award damages not to exceed ten thousand dollars per
6 violation if a person knowingly sends deceptive information to any elder person or
7 person with a disability, as those terms are defined in R.S. 51:1402, who suffers
8 damage or injury as a result of an offense or violation described in this Chapter
9 through marketing by telephone, electronic mail, or text messaging.
10 C. Nothing in this Section shall be construed to extend liability for violations
11 of the provisions of this Section to telephone, electronic mail, internet, cable, or other
12 telecommunications service providers.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.