HLS 21RS-909 ENGROSSED
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. If the commissioner seeks injunctive
12 relief against a solicitor who violates this Section to enjoin the unlawful use of the
13 name, trade name, trademark, service mark, or loan information, the commissioner
14 shall not be required to prove actual damages as a result of the violation. Irreparable
15 harm shall be presumed. If the commissioner prevails in any action brought pursuant
16 to this Section, the commissioner shall be entitled to recover costs associated with
17 the action and reasonable attorney fees from the solicitor. Any action brought by the
18 commissioner pursuant to this Subsection shall be brought in the Nineteenth Judicial
19 District Court.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-909 ENGROSSED
HB NO. 359
1 J. In addition to the remedies provided in Subsections H and I of this
2 Section, a solicitor who violates this Section shall be deemed to have violated the
3 false advertising law contained in R.S. 51:411 and the penalties contained in R.S.
4 51:411(E) may be enforced by the state attorney general.
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 Engrossed 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.
Proposed law provides that the commissioner is not required to prove actual damages when
seeking to enjoin a solicitor from unlawfully using a name, trade name, trademark, service
mark, or loan information, and provides that irreparable harm is to be presumed.
Proposed law allows the commissioner to be awarded costs and reasonable attorney fees if
he prevails against a solicitor in violation of proposed law.
Proposed law requires any action arising out of a violation of proposed law to be brought in
the 19th Judicial District Court.
(Adds R.S. 6:412.1(I) and (J))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Allow the commissioner to enjoin unlawful use of certain information without
being required to prove actual damages, and provides that irreparable harm is to
be presumed.
2. Allow the commissioner to recover costs and reasonable attorney fees if he
prevails in an action against a solicitor who violates proposed law.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 359
3. Require an action arising out of proposed law to be brought in the 19th Judicial
District Court.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.