House Bill No. 853, introduced by Representative McMakin, aims to amend existing laws regarding misleading solicitations by nongovernmental entities. The bill redefines what constitutes a misleading solicitation, specifying criteria such as falsely implying government connections, misrepresenting the identity of the mailer, and using phrases that could mislead consumers. It also introduces new disclosure requirements, including disclaimers that must be prominently displayed on solicitations and their envelopes, clarifying that the communication is not a bill or invoice and that it is not from a government entity.

Additionally, the bill establishes penalties for violations, including civil fines of up to $1,000 per misleading solicitation and potential liability for civil damages amounting to three times the losses incurred by the solicitee. It also categorizes each violation as an unfair or deceptive act under the Louisiana Unfair Trade Practices and Consumer Protection Law, subjecting violators to further legal actions and remedies. Exceptions to the law are provided for certain entities, such as banks and licensed insurers. The bill reflects a comprehensive effort to protect consumers from deceptive marketing practices while ensuring transparency in solicitations.

Statutes affected:
HB853 Original:
HB853 Engrossed:
HB853 Reengrossed: