Title 51, Trade and Commerce
0 chapters · 1,237 sections in this title.
La. Rev. Stat. § 51:1368 Repealed by Acts 2005, No
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§1368. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
La. Rev. Stat. § 51:137 Damages recoverable for violation of law
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§137. Damages recoverable for violation of law Any person who is injured in his business or property by any person by reason of any act or thing forbidden by this Part may sue in any court of competent jurisdiction and shall recover threefold the damages sustained by him, the cos…
La. Rev. Stat. § 51:1371 Short title
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§1371. Short title This Chapter shall be known and may be cited as the "4.9 GHz Allocation Act". Acts 2021, No. 237, §2.
La. Rev. Stat. § 51:1372 Definitions
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§1372. Definitions As used in this Chapter, the following terms have the meaning ascribed to them: (1) "4.9 GHz band" means the fifty megahertz of spectrum in the 4940 to 4990 megahertz band. (2) "Office" means the office under the direction of the executive director of broadband…
La. Rev. Stat. § 51:1373 Auctioning of the 4.9 GHz band; authority; policy requirements
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§1373. Auctioning of the 4.9 GHz band; authority; policy requirements A. The office is hereby designated as the lessor of the 4.9 GHz band, in accordance with Federal Communications Commission rules. The office shall oversee, manage, and direct the leasing of the 4.9 GHz band in …
La. Rev. Stat. § 51:1374 Reporting requirements
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§1374. Reporting requirements A. The office shall require auction winners, incumbents, and entities using the 4.9 GHz band for public safety to submit reports to the office on or before January 1, 2023. The report shall include the following: (1) The amount of the 4.9 GHz band be…
La. Rev. Stat. § 51:1375 Commercial use task force; establishment; chair; membership; consideration;
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§1375. Commercial use task force; establishment; chair; membership; consideration; reporting requirement A. Prior to January 1, 2023, the office shall establish, facilitate, and maintain a task force to study the commercial effects of the 4.9 GHz band use in this state. The execu…
La. Rev. Stat. § 51:1376 Public use task force; establishment; chair; membership; consideration; reporting
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§1376. Public use task force; establishment; chair; membership; consideration; reporting requirements. A. Prior to January 1, 2022, the office shall establish, facilitate, and maintain a task force to study the public use of the 4.9 GHz band use in this state. The executive direc…
La. Rev. Stat. § 51:1377 Repealed by Acts 2008, No
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§1377. Repealed by Acts 2008, No. 815, §5.
La. Rev. Stat. § 51:138 Suits to be instituted by Attorney General or district attorney; prosecutions
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§138. Suits to be instituted by Attorney General or district attorney; prosecutions All suits for the enforcement of this Part shall be instituted in the district courts by the Attorney General, on his own motion or by direction of the governor, or by the district attorney, actin…
La. Rev. Stat. § 51:139 Forfeitures; corporate charter; foreign corporation's right to do business; property unlawfully used
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§139. Forfeitures; corporate charter; foreign corporation's right to do business; property unlawfully used A. In the interest of the public welfare, on the petition of the state of Louisiana through the attorney general, the district courts shall have authority under this Part, i…
La. Rev. Stat. § 51:140 Conspiracy in restraint of trade, agricultural products; penalty
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§140. Conspiracy in restraint of trade, agricultural products; penalty No person shall conspire in restraint of trade or commerce by agreeing, combining, or conspiring with any other person to fix a definite price for dealing in, buying, or selling products of the soil such as fr…
La. Rev. Stat. § 51:1401 Short title
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§1401. Short title This Chapter shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." Added by Acts 1972, No. 759, §1.
La. Rev. Stat. § 51:1402 Definitions
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§1402. Definitions As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services. (2) "Consumer interest" means those acts, practices, or methods that…
La. Rev. Stat. § 51:1403 Prohibited contracts
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§1403. Prohibited contracts Any consumer contract, express or implied, made by any person, firm, or corporation in violation of this Chapter is an illegal contract and no recovery thereon shall be had. Acts 2006, No. 218, §1, eff. June 2, 2006.
La. Rev. Stat. § 51:1404 Powers and duties
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§1404. Powers and duties A. The Louisiana Attorney General's Office, Public Protection Division, Consumer Protection Section shall have the following powers and duties: (1)(a) To investigate, conduct studies and research, to conduct public or private hearings into commercial and …
La. Rev. Stat. § 51:1405 Unfair acts or practices; interpretation and rulemaking authority
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§1405. Unfair acts or practices; interpretation and rulemaking authority A. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. B. The attorney general may make rules and regulations interpr…
La. Rev. Stat. § 51:1406 Exemptions
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§1406. Exemptions The provisions of this Chapter shall not apply to: (1) Any federally insured financial institution, its subsidiaries, and affiliates or any licensee of the Office of Financial Institutions, its subsidiaries, and affiliates or actions or transactions subject to t…
La. Rev. Stat. § 51:1407 Restraining prohibited acts
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§1407. Restraining prohibited acts A. Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared by R.S. 51:1405 to be unlawful, he may bring an action for injunctive relief in the name of the s…
La. Rev. Stat. § 51:1408 Additional relief
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§1408. Additional relief A. The court may issue such additional orders or render judgments against any party, as may be necessary to compensate any aggrieved person for any property, movable or immovable, corporeal or incorporeal, which may have been acquired from such person by …
La. Rev. Stat. § 51:1409 Private actions
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§1409. Private actions A. Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring a…
La. Rev. Stat. § 51:1409.1 Deceptive practices; telephone, electronic mail, or text messaging; elder persons
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§1409.1. Deceptive practices; telephone, electronic mail, or text messaging; elder persons and persons with disabilities; private actions A. For purposes of this Section, the following definitions apply: (1) "Electronic mail" means an electronic message that is transmitted betwee…
La. Rev. Stat. § 51:141 Immunity of person reporting offense
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§141. Immunity of person reporting offense Any person guilty of the offense defined in R.S. 51:140 who reports the facts under oath within six months after committing the offense to any prosecuting attorney, shall be granted full immunity from prosecution under R.S. 51:140 in res…
La. Rev. Stat. § 51:1410 Assurances of voluntary compliance
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§1410. Assurances of voluntary compliance In the administration of this Chapter, the attorney general shall accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of this Chapter from any person who has engaged or was about…
La. Rev. Stat. § 51:1411 Investigative demands
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§1411. Investigative demands A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter and he believes it to be in the public interest that an investigation should be made to ascert…
La. Rev. Stat. § 51:1412 Investigative depositions
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§1412. Investigative depositions A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter, and when they believe it to be in the public interest that an investigation should be mad…
La. Rev. Stat. § 51:1413 Enforcement of investigative demands and subpoena
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§1413. Enforcement of investigative demands and subpoena If any person fails or refuses to file any statement, report, documentary material or physical evidence, or obey any investigative subpoena or demand issued by the attorney general and director, under R.S. 51:1411 or R.S. 5…
La. Rev. Stat. § 51:1414 Other investigative and subpoena authority
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§1414. Other investigative and subpoena authority The attorney general may use in the enforcement of this chapter all other authority for investigation, supervision and conduct of actions on behalf of the state which is provided in the Louisiana Constitution, and for the enforcem…
La. Rev. Stat. § 51:1415 Service of demand, subpoena, or petition
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§1415. Service of demand, subpoena, or petition Service of any demand, subpoena or petition shall be made in the manner provided by the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes. Added by Acts 1972, No. 759, §1.
La. Rev. Stat. § 51:1416 Civil penalties
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§1416. Civil penalties In addition to remedies for contempt of court otherwise provided by law, any person who violates the terms of an injunction issued under R.S. 51:1407 or 1408, or an assurance of voluntary compliance as authorized under R.S. 51:1410, may be required to pay t…
La. Rev. Stat. § 51:1417 Duties of district attorneys
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§1417. Duties of district attorneys District attorneys and their assistants under the supervision of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general. In such cases, full reports shall be made to the attorn…
La. Rev. Stat. § 51:1418 Jurisdiction
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§1418. Jurisdiction A. A consumer transaction or modification of a consumer transaction is made in this state when: (1) a writing signed by the consumer and evidencing the obligation is received by the merchant in this state, or when (2) the merchant negotiates in this state pers…
La. Rev. Stat. § 51:1419 Disclosure of service charges; forfeiture
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§1419. Disclosure of service charges; forfeiture Any person who is in the business of making house calls for the purpose of repairing home appliances shall disclose to the person requesting his services the amount of the service charge for which the person will be billed. Such se…
La. Rev. Stat. § 51:142 Exemptions
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§142. Exemptions Nothing in this Part shall apply to agricultural products or live stock while in the hands of the producer or raiser, or affect any combination of laborers for the purpose of procuring an increase of their wages or redress of grievances.
La. Rev. Stat. § 51:1420 Deceptive trade practices; telephone directories and databases; penalties
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§1420. Deceptive trade practices; telephone directories and databases; penalties A.(1) No person shall misrepresent the geographical location of a business or a supplier of a service or product by listing a fictitious business name or an assumed business name in the classified ad…
La. Rev. Stat. § 51:1421 Deceptive trade practices; requesting certain personal information for cash sales
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§1421. Deceptive trade practices; requesting certain personal information for cash sales A. No retail business shall require a consumer's name, address, telephone number, or other personal information when completing a consumer transaction for cash sale. B.(1) Nothing in this Sec…
La. Rev. Stat. § 51:1422 Unfair or deceptive trade practice; unsolicited offer to sell extended service
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§1422. Unfair or deceptive trade practice; unsolicited offer to sell extended service agreement for a motor vehicle; requirements; exceptions; penalties A. The provisions of this Section shall apply to an unsolicited offer, made by mail or common carrier, to sell to another an ex…
La. Rev. Stat. § 51:1423 Deceptive trade practices; gift certificates; expiration date
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§1423. Deceptive trade practices; gift certificates; expiration date A. For purposes of this Section, the term "gift certificate" shall mean a writing identified as a gift certificate or gift card purchased by a buyer for use by a person not redeemable in cash and usable in its f…
La. Rev. Stat. § 51:1424 Unfair or deceptive acts or practices; commercial laundromats; state fire marshal; additional enforcement
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§1424. Unfair or deceptive acts or practices; commercial laundromats; state fire marshal; additional enforcement A. The owner or operator of a commercial laundromat, as defined by R.S. 47:305.17, shall provide water to all washing machines in the facility and shall maintain a boi…
La. Rev. Stat. § 51:1425 Unfair or deceptive acts or practices; prohibition of certain disclosures by an Internet service provider; penalties
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§1425. Unfair or deceptive acts or practices; prohibition of certain disclosures by an Internet service provider; penalties A. A violation of the Stored Communications Act, Section 2701 et seq., of Title 18 of the United States Code, by a provider of Internet service involving in…
La. Rev. Stat. § 51:1426 Unfair acts or practices
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§1426. Unfair acts or practices A. If a provider of Internet service knows or has reason to know that a subscriber currently resides in Louisiana, the provider shall make available to the subscriber a product or service which enables the subscriber to control a child's use of the…
La. Rev. Stat. § 51:1427 Unfair or deceptive trade practices or acts; stolen or misappropriated computer software; violations
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§1427. Unfair or deceptive trade practices or acts; stolen or misappropriated computer software; violations A. It shall be unlawful for a person to develop or manufacture a product, or to develop or supply a service using stolen or misappropriated property, including but not limi…
La. Rev. Stat. § 51:1428 Unfair or deceptive trade practice or act; bad faith assertions of patent infringement
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§1428. Unfair or deceptive trade practice or act; bad faith assertions of patent infringement A. As used in this Section, the following words and phrases shall have the following meanings: (1) "Demand letter" means a letter, email, or other communication that does either of the f…
La. Rev. Stat. § 51:1429 Unfair or deceptive trade practice or act; real estate service agreements for
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§1429. Unfair or deceptive trade practice or act; real estate service agreements for residential property; recordation on immovable title prohibited A. For the purposes of this Section, the following terms have the following meanings: (1) "Real estate broker" or "real estate sale…
La. Rev. Stat. § 51:143 Discovery; application for order; notice
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§143. Discovery; application for order; notice The Attorney General or district attorney acting under him, or the governor, before beginning an action under this Part may present to the court a written application for an order directing any person, as the Attorney General or dist…
La. Rev. Stat. § 51:1431 Definitions
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§1431. Definitions As used in this Chapter, unless the context requires otherwise: (1) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) "Misappropriati…
La. Rev. Stat. § 51:1432 Injunctive relief
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§1432. Injunctive relief A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order …
La. Rev. Stat. § 51:1433 Damages
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§1433. Damages In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages…
La. Rev. Stat. § 51:1434 Attorney's fees
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§1434. Attorney's fees If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. Added by Act…
La. Rev. Stat. § 51:1435 Preservation of secrecy
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§1435. Preservation of secrecy In an action under this Chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the record…