The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 395 Original 2020 Regular Session Cloud
Present law provides that unfair methods of competition and unfair or deceptive acts or practices in
the conduct of any trade or commerce are unlawful.
Proposed law provides that no person in any advertisement shall make, or permit to be made, a false,
misleading, or deceptive statement about a monetary result obtained on behalf of a client or fail to
disclose information necessary to prevent the information supplied in an advertisement from being
false, misleading, or deceptive.
Proposed law defines "actually received", "advertisement", "monetary result obtained", "false,
misleading, or deceptive statement", and "person".
Proposed law provides that any violation of proposed law shall be an unfair or deceptive trade
practice declared unlawful and shall subject the violator to any and all actions and penalties pursuant
to the Unfair Trade Practices and Consumer Protection Law. Proposed law provides that each
iteration of an advertisement constitutes an unfair or deceptive trade practice.
The provisions of proposed law shall not apply to any advertisement agency or media platform
responsible for the production or publication of any advertisement found to violate proposed law.
Proposed law provides that in addition to all other remedies provided in the Unfair Trade Practices
and Consumer Protection Law, any person who is found to have made, or to have permitted to be
made on his behalf, a false, misleading, or deceptive statement under the provisions of proposed law
shall be liable to the attorney general for all costs, expenses, and fees related to investigations and
proceedings associated with the violation, including attorney fees.
Proposed law provides that an action to recover costs, expenses, fees, and attorney fees shall be
ancillary to and shall be filed and heard in the same court as a civil action filed for the unfair or
deceptive trade practice.
The remedies and rights provided in proposed law are in addition to and shall not preclude any right
or remedy otherwise authorized by law, including the enforcement of professional rules against the
person by any licensing board or court.
Effective August 1, 2020.
(Adds R.S. 51:1429)