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 641 Engrossed 2022 Regular Session Deshotel
Abstract: Provides relative to digital application distribution platforms.
Proposed law provides definitions for developer, digital application distribution platform, domiciled
in this state, general-purpose operating system, in-application payment system, Louisiana user,
provider, and special-purpose digital application distribution platform.
Proposed law provides that if the cumulative downloads of a software application by a provider of
a general-purpose operating system with a digital application distribution platform to Louisiana users
exceed 1 million downloads in the previous or current calendar year then the provider shall not do
any of the following:
(1)Require a developer domiciled in this state to use a particular in-application payment system
as an exclusive mode of accepting payments from a user to download a software application
onto the operating system or purchase a digital or physical product or service through a
software application installed on the operating system.
(2)Require exclusive use of a particular in-application payment system as the exclusive mode
of accepting payments from a Louisiana user to download a software application onto the
operating system or purchase a digital or physical product or service through a software
application installed on the operating system.
(3)Retaliate against a developer domiciled in this state or a Louisiana user for using an in-
application payment system or digital application distribution platform that is not owned,
operated, or affiliated with the provider or retaliate against a developer for that use to
distribute an application to or accept payments from a Louisiana user.
Proposed law provides that any conduct in violation of proposed law shall be deemed to be an
unlawful practice. Proposed law further provides that a person aggrieved by a violation of proposed
law may bring an action to enjoin the violation or an action for restitution.
Proposed law provides that the court may award the plaintiff costs, expenses, and reasonable attorney
fees. Proposed law further provides that proposed law does not limit any other claims the plaintiff
may have under any other provision of law.
Proposed law provides that proposed law shall not apply to a special-purpose digital application
distribution platform. Proposed law provides that the attorney general's office shall receive complaints and investigate
violations under proposed law. Proposed law further provides that the attorney general's office may
bring an action in any court of competent jurisdiction to obtain legal or equitable relief on behalf of
a person aggrieved by the violation.
(Adds R.S. 51:1429)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Make technical changes.