ENROLLED
ACT No. 269
2021 Regular Session
HOUSE BILL NO. 64
BY REPRESENTATIVES ECHOLS, AMEDEE, BAGLEY, GADBERRY, GAINES,
GAROFALO, HORTON, LARVADAIN, SELDERS, STAGNI, AND THOMPSON
1 AN ACT
2 To enact R.S. 51:391(A)(3) and 392, relative to solicitations; to prohibit solicitations with
3 misleading connections to the secretary of state; to prohibit certain solicitations for
4 warranties; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 51:391(A)(3) and 392 are hereby enacted to read as follows:
7 §391. Solicitations; misleading governmental appearance prohibited; misleading
8 connections to the secretary of state prohibited; disclaimer; penalty
9 A. A solicitation by a nongovernmental entity, for the purchase of or
10 payment for a product or service, which is in the form of and reasonably could be
11 interpreted or construed as a bill, invoice, or statement of account due, but
12 constitutes, in fact, a solicitation for the order by the addressee of goods or services,
13 or both, shall not contain any material which:
14 * * *
15 (3) Reasonably could be construed by a business registered with the
16 secretary of state as implying any connection with the secretary of state or requiring
17 payment or additional action to remain in good standing as a business registered with
18 the secretary of state.
19 * * *
20 §392. Warranty solicitations
21 A. No individual or other entity shall offer, or attempt to offer, any
22 solicitation to a resident of this state for the purchase of a warranty, by use of the
23 United States Postal Service, an expedited shipping service, or any electronic means
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 64 ENROLLED
1 using terms or phrases, such as: "final notice", "immediate response requested", or
2 "official notification", unless the individual or entity has an existing business
3 relationship with the resident.
4 B. Any violation of this Section shall constitute an unfair method of
5 competition and an unfair or deceptive act or practice as provided for in R.S. 51:1405
6 and shall be subject to the enforcement provisions of the Unfair Trade Practices and
7 Consumer Protection Law of Chapter 13 of this Title, R.S. 51:1401 et seq.
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.