LEGISLATIVE FISCAL OFFICE
                                                             Fiscal Note
                                                                                          Fiscal Note On:   SB   395 SLS 20RS                574
                                                                                        Bill Text Version: REENGROSSED
                                                                                     Opp. Chamb. Action:
                                                                                         Proposed Amd.:
                                                                                            Sub. Bill For.:
         Date: May 28, 2020                5:51 PM                                                           Author: CLOUD
Dept./Agy.: Department of Justice
    Subject: Unfair or deceptive trade practice                                                              Analyst: Rebecca Robinson
ADVERTISING                                          RE NO IMPACT See Note                                                             Page 1 of    1
Provides relative to false, misleading, or deceptive advertising. (8/1/20)
Proposed legislation amends the statute regarding unfair or deceptive trade practices or acts. Legislation would prohibit
advertisements from making false, misleading, or deceptive statements about a monetary result obtained on behalf of a
client. Violations of the statute would be prosecuted by the Attorney General’s (AG) office.
Effective August 1, 2020.
EXPENDITURES            2020-21               2021-22               2022-23              2023-24                   2024-25           5 -YEAR TOTAL
State Gen. Fd.                 $0                    $0                    $0                      $0                      $0                      $0
Agy. Self-Gen.                 $0                    $0                    $0                      $0                      $0                      $0
Ded./Other                     $0                    $0                    $0                      $0                      $0                      $0
Federal Funds                  $0                    $0                    $0                      $0                      $0                      $0
Local Funds                    $0                    $0                    $0                      $0                      $0                      $0
Annual Total                   $0                    $0                    $0                      $0                     $0                       $0
REVENUES                2020-21              2021-22               2022-23               2023-24                  2024-25            5 -YEAR TOTAL
State Gen. Fd.                 $0                    $0                    $0                      $0                      $0                      $0
Agy. Self-Gen.                 $0                    $0                    $0                      $0                      $0                      $0
Ded./Other                     $0                    $0                    $0                      $0                      $0                      $0
Federal Funds                  $0                    $0                    $0                      $0                      $0                      $0
Local Funds                    $0                    $0                    $0                      $0                      $0                      $0
Annual Total                        $0                 $0                       $0                      $0                      $0                 $0
EXPENDITURE EXPLANATION
The Deputy Attorney General reports that there will be no impact to the expenditures of the Department of Justice.
The Public Protection Division of the Civil Law Program at the AG’s office is charged with the investigation and prosecution of
unfair trade practices where the AG has reason to believe an unfair or deceptive trade practice has taken place. The AG’s
office reports that the proposed legislation will apply only to attorney advertisements and that investigations will be
complaint driven. The AG anticipates approximately 6 claims per year as a result of the proposed legislation, and that those
investigations/prosecutions will be performed by existing staff. The Public Protection Division is staffed with a total of 34
employees, 13 of which are attorneys (approximately 10 cases/investigations per attorney).
Per the Executive Budget Supporting Document’s performance information, the AG’s office received 2,910 consumer
complaints in FY 17; 3,120 consumer complaints in FY 16; and 2,696 consumer complaints in FY 15.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate           Dual Referral Rules                 House
    13.5.1 >= $100,000 Annual Fiscal Cost {S & H}         6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
    13.5.2 >= $500,000 Annual Tax or Fee                                                                      Evan Brasseaux
                                                          6.8(G) >= $500,000 Tax or Fee Increase
              Change {S & H}                                        or a Net Fee Decrease {S}                 Staff Director