HLS 21RS-909 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 359
BY REPRESENTATIVE HOLLIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BANKS/BANKING: Provides relative to solicitors
1 AN ACT
2To enact R.S. 6:412.1(I) and (J), relative to solicitors; to authorize enforcement by the
3 commissioner; to provide for false advertising law and penalties; to authorize
4 enforcement by the state attorney general; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 6:412.1(I) and (J) are hereby enacted to read as follows:
7 ยง412.1. Soliciting using lender's name or customer loan information; restrictions;
8 injunction; damages; attorney fees; enforcement
9 * * *
10 I. The commissioner may use the enforcement powers of R.S. 6:121.1
11 against a solicitor who violates this Section.
12 J. In addition to the remedies provided in Subsections H and I of this
13 Section, a solicitor who violates this Section shall be deemed to have violated the
14 false advertising law contained in R.S. 51:411 and the penalties contained in R.S.
15 51:411(E) may be enforced by the state attorney general.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-909 ORIGINAL
HB NO. 359
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)]
HB 359 Original 2021 Regular Session Hollis
Abstract: Allows the commissioner of the Office of Financial Institutions and the state
attorney general to enforce provisions of solicitation law against violators.
Present law prohibits a solicitor from using a lender's name, trade name, service mark, or
trademark in a solicitation for the offering of services or products to a consumer unless
certain conditions are met.
Proposed law retains present law.
Proposed law allows the commissioner of the Office of Financial Institutions to use the
enforcement powers granted to him in present law against a violating solicitor.
Proposed law provides that a violation of present law is considered a violation of the false
advertising provisions of present law and allows the state attorney general to enforce the
appropriate penalties provided in present law.
(Adds R.S. 6:412.1(I) and (J))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.