The bill amends R.S. 51:391 to clarify and enhance regulations regarding misleading solicitations by nongovernmental entities. It defines what constitutes a misleading solicitation, including criteria such as falsely implying government connections, misrepresenting the identity of the mailer, and using phrases that could mislead consumers. The bill introduces specific disclosure requirements for such solicitations, mandating that they include clear disclaimers indicating that they are not bills or invoices and that they are not affiliated with any government agency. Additionally, solicitations that involve subscription services must disclose the nature of automatic renewals or continuous services.

Furthermore, the bill establishes penalties for violations, including civil fines of up to one thousand dollars per misleading solicitation and potential liability for civil damages amounting to three times the losses incurred by the solicitee. It also categorizes violations as unfair or deceptive acts under the Louisiana Unfair Trade Practices and Consumer Protection Law, allowing for further legal actions. However, the bill specifies exceptions for certain entities, including banks, licensed insurers, and motor vehicle dealers, which are not subject to these new regulations.

Statutes affected:
HB853 Original:
HB853 Engrossed:
HB853 Reengrossed:
HB853 Enrolled:
HB853 Act 570: