House Bill No. by Representative McMakin amends R.S. 51:391 to address misleading solicitations by nongovernmental entities. The bill defines what constitutes a misleading solicitation and establishes specific disclosure requirements. It prohibits solicitations that could be misinterpreted as bills or invoices, particularly those that imply a false connection to government entities or use misleading language such as "final notice" or "official notification." The bill also mandates that such solicitations include clear disclaimers indicating they are not bills and that they have not been endorsed by any government agency.

Additionally, the bill introduces civil penalties for violations, allowing for fines of up to one thousand dollars per misleading solicitation. It also provides for civil damages to the solicitee, which can amount to three times their losses, along with attorney fees. The legislation outlines exceptions for certain entities, including banks, licensed insurers, and motor vehicle dealers, ensuring that these groups are not subject to the new requirements. Overall, the bill aims to protect consumers from deceptive practices in solicitations while providing a framework for enforcement and penalties.

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