Title 51, Trade and Commerce
0 chapters · 1,237 sections in this title.
La. Rev. Stat. § 51:1963 Requirements for enforceability
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§1963. Requirements for enforceability Any person who acquires computer software or a copy thereof shall be conclusively deemed to have accepted and agreed to all the terms of the license agreement for such software or copy thereof, including any applicable provisions contained i…
La. Rev. Stat. § 51:1964 Terms deemed accepted
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§1964. Terms deemed accepted Terms of which shall be deemed to have been accepted under R.S. 51:1963, if included in an accompanying license agreement which conforms to the provisions of R.S. 51:1965, may include any or all of the following: (1) Provisions for the retention by th…
La. Rev. Stat. § 51:1965 Display of terms of license agreement
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§1965. Display of terms of license agreement In order to be deemed accepted pursuant to R.S. 51:1963, the terms of the accompanying license agreement must be clearly and conspicuously stated in the license agreement in language readily understandable to the person of average lite…
La. Rev. Stat. § 51:1966 Enforceability
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§1966. Enforceability The provisions of this Chapter are not intended to limit in any manner the effectiveness or enforceability of any of the provisions of such a license agreement under any other provisions of the laws of this state, nor is this Chapter intended to limit in any…
La. Rev. Stat. § 51:2 Bond
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§2. Bond Every commission merchant shall furnish a bond of one thousand dollars, payable to the commissioner of agriculture and forestry of Louisiana or his successors in office, to guarantee his compliance with the provisions of R.S. 51:1 through 4, such bond to be signed as sur…
La. Rev. Stat. § 51:2001 Definitions
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§2001. Definitions For the purposes of this Chapter, the following words shall have the meanings hereinafter ascribed to them: (1) "Commercial electronic mail advertisement" means any electronic mail message initiated for the primary purpose of advertising or promoting the lease,…
La. Rev. Stat. § 51:2002 Return electronic mail addresses; required disclosure
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§2002. Return electronic mail addresses; required disclosure Any sender of unsolicited commercial electronic mail advertisements either from Louisiana or to a Louisiana electronic mail address shall do all of the following: (1) Maintain a functioning return electronic mail addres…
La. Rev. Stat. § 51:2003 Unlawful activities
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§2003. Unlawful activities A. It is unlawful for any person knowingly to initiate the transmission of an unsolicited commercial electronic mail advertisement either from Louisiana or to a Louisiana electronic mail address under any of the following circumstances: (1) The commerci…
La. Rev. Stat. § 51:2004 Civil actions
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§2004. Civil actions A. Any person whose property or person is injured by reason of a violation of any provision of this Chapter may recover for any damages sustained and the costs of suit. For the purposes of this Section, the term "damages" shall include but not be limited to l…
La. Rev. Stat. § 51:2006 Scope
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§2006. Scope This Chapter deals with consumer protection against computer spyware. Acts 2006, No. 392, §1.
La. Rev. Stat. § 51:2007 Definitions
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§2007. Definitions As used in this Chapter: (1) "Authorized user" means with respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer. (2) "Cause computer software to be copied" means to distribute, transfer, or procure the copying of c…
La. Rev. Stat. § 51:2008 Computer spyware prohibitions
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§2008. Computer spyware prohibitions A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the followin…
La. Rev. Stat. § 51:2009 Control or modification
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§2009. Control or modification A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the following acts…
La. Rev. Stat. § 51:2010 Misrepresentation and deception
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§2010. Misrepresentation and deception A person or entity who is not an authorized user shall not do any of the following: (1) Induce an authorized user to install a software component onto the computer by misrepresenting that installing software is necessary for security or priv…
La. Rev. Stat. § 51:2011 Nonapplicability
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§2011. Nonapplicability A. Nothing in R.S. 51:2009 or 2010 shall apply to any monitoring of or interaction with a user's Internet or other network connection or service, or a protected computer, by a cable operator, computer hardware or software provider, or provider of informati…
La. Rev. Stat. § 51:2012 Criminal enforcement
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§2012. Criminal enforcement The district attorney of a parish where a violation of this Chapter occurs and the attorney general shall have the authority to investigate and institute criminal proceedings for any such violation. Acts 2006, No. 392, §1.
La. Rev. Stat. § 51:2013 Penalty
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§2013. Penalty Any person that violates the provisions of R.S. 51:2008(2) and R.S. 51:2009(1)(a), (b), and (c) and (2) shall be imprisoned for not more than ten years or fined not more than twenty-five thousand dollars, or both. Acts 2006, No. 392, §1.
La. Rev. Stat. § 51:2014 Civil relief
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§2014. Civil relief A. A violation of this Chapter shall be considered an unfair trade practice and such violation shall subject the violator to all of the provisions of the Unfair Trade Practices and Consumer Protection Law and as provided for in R.S. 51:1401 et seq. B. Except f…
La. Rev. Stat. § 51:2021 Short title; definitions
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§2021. Short title; definitions A. This Chapter may be cited as the "Louisiana Anti-Phishing Act." B. As used in this Chapter, the following terms shall have the meanings ascribed in this Section: (1) "Electronic mail" means a message, file, or other information that is transmitt…
La. Rev. Stat. § 51:2022 Creation of Web page or domain name for fraudulent purposes
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§2022. Creation of Web page or domain name for fraudulent purposes A person may not, with the intent to engage in conduct involving the fraudulent use or possession of another person's identifying information: (1) Create a Web page or Internet domain name that is represented as a…
La. Rev. Stat. § 51:2023 Electronic mail fraud
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§2023. Electronic mail fraud A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information, send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that: (1) …
La. Rev. Stat. § 51:2024 Civil relief
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§2024. Civil relief A. The following persons may bring a civil action against a person who violates this Chapter: (1) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation. (2) An owner of a Web page or trad…
La. Rev. Stat. § 51:2025 Applicability of Chapter
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§2025. Applicability of Chapter This Chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information. Acts 2006, No. 549, §1, eff. Sept. 1, 200…
La. Rev. Stat. § 51:2031 Short title
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§2031. Short title This Chapter shall be known as the "Anti-Phishing Act of 2006". Acts 2006, No. 201, §1.
La. Rev. Stat. § 51:2032 Definitions
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§2032. Definitions For the purposes of this Chapter, the following terms have the following meanings: (1) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a refere…
La. Rev. Stat. § 51:2033 Unlawful requests by misrepresentation
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§2033. Unlawful requests by misrepresentation It shall be unlawful for any person, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by rep…
La. Rev. Stat. § 51:2034 Remedies for violation
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§2034. Remedies for violation A. A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark that is adversely affected by a violation of R.S. 51:2033 may bring an action against a person who violates or is in v…
La. Rev. Stat. § 51:2101 Short title
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§2101. Short title This Chapter shall be known and may be cited as the "Louisiana Cybersecurity Information Sharing Act". Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:2102 Legislative intent; federal law
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§2102. Legislative intent; federal law The purpose of this Act is to provide a framework for permissive sharing of cybersecurity information under Louisiana law that is consistent with and does not conflict with the requirements of the federal Cybersecurity Information Sharing Ac…
La. Rev. Stat. § 51:2103 Definitions
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§2103. Definitions The terms "cyber threat indicator" and "defensive measure information" have the meaning ascribed to them by 6 U.S.C. 1501 et seq. Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:2104 Sharing of cybersecurity information; public entities
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§2104. Sharing of cybersecurity information; public entities When sharing a cyber threat indicator or defensive measure information, each natural or juridical person or public or private entity shall receive the legal protections and privileges conveyed by the federal Cybersecuri…
La. Rev. Stat. § 51:2105 Evidence standard
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§2105. Evidence standard Sharing a cyber threat indicator or defensive measure information shall not constitute a waiver of any applicable privilege or protection provided pursuant to the Louisiana Code of Evidence. Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:2106 Receipt of cyber threat indicators and defensive measure information; appropriate
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§2106. Receipt of cyber threat indicators and defensive measure information; appropriate state entities A. In addition to those entities identified in 6 U.S.C. 1501(3), the following entities are authorized to receive cyber threat indicators and defensive measure information, as …
La. Rev. Stat. § 51:2107 Compliance with Database Security Breach Notification Law
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§2107. Compliance with Database Security Breach Notification Law Nothing in this Chapter shall relieve a person or entity from compliance with the Database Security Breach Notification Law, R.S. 51:3071 et seq., specifically including but not limited to the requirements under R.S…
La. Rev. Stat. § 51:2108 Reporting
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§2108. Reporting No state entity that receives cybersecurity information shared pursuant to the provisions of this Chapter shall be subject to the reporting requirements of 6 U.S.C. 1508. Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:2109 Rulemaking authority
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§2109. Rulemaking authority The Department of Corrections, office of state police, may, in accordance with the Administrative Procedure Act, adopt all rules necessary to implement the provisions of this Chapter provided that any rule promulgated does not conflict with the provisi…
La. Rev. Stat. § 51:211 Definitions
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§211. Definitions A. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others. B. The term "service mark" as …
La. Rev. Stat. § 51:2111 Scope and purpose
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§2111. Scope and purpose The purposes of this Chapter are: (1) To create a registration for managed service providers and managed security service providers doing business in this state with a public body. (2) To provide access for public bodies to obtain information on managed s…
La. Rev. Stat. § 51:2112 Definitions
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§2112. Definitions As used in this Chapter, the following words and phrases shall be defined as follows: (1) "Cyber incident" means the compromise of the security, confidentiality, or integrity of computerized data due to the exfiltration, modification, or deletion that results i…
La. Rev. Stat. § 51:2113 Requirements for doing business
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§2113. Requirements for doing business A. A provider shall not provide managed security services to a public body in this state unless the provider has registered with the secretary of state and remains in good standing. B. Beginning February 1, 2021, each provider that manages a…
La. Rev. Stat. § 51:2114 Notification of cyber incidents and payment of cyber ransoms
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§2114. Notification of cyber incidents and payment of cyber ransoms A. To the extent a provider has actual knowledge of a cyber incident, which impacts a public body, the provider shall notify the Louisiana Fusion Center of the cyber incident within twenty-four hours of discovery…
La. Rev. Stat. § 51:2115 Prohibition on contracting with a provider
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§2115. Prohibition on contracting with a provider A public body shall not enter into a contract for managed security services with a provider that has not registered with the secretary of state or has failed to renew its registration with the secretary of state. Such a contract s…
La. Rev. Stat. § 51:2116 Rules
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§2116. Rules The secretary of state shall adopt rules and regulations to implement the provisions of this Chapter. Acts 2020, No. 117, §2.
La. Rev. Stat. § 51:212 Registrability
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§212. Registrability A name or mark by which the name, goods, or services of any applicant for registration may be distinguished from the name, goods, or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive or scandalous matter. (2) Co…
La. Rev. Stat. § 51:2121 Enforcement of age verification by publishers and distributors of material harmful
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§2121. Enforcement of age verification by publishers and distributors of material harmful to minors A.(1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion …
La. Rev. Stat. § 51:2125 Cajundome Commission; board of commissioners; membership
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§2125. Cajundome Commission; board of commissioners; membership A. The Cajundome Commission, hereinafter referred to as the "commission", was established in 1987 pursuant to an intergovernmental contract between the University of Louisiana at Lafayette, formerly the University of…
La. Rev. Stat. § 51:2126 Cajundome Commission; purpose; function; authority; powers; duties
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§2126. Cajundome Commission; purpose; function; authority; powers; duties A. The commission shall develop, manage, operate, and maintain the Cajundome including any additions or appurtenances thereto for the public purpose of providing entertainment, cultural, economic, and educa…
La. Rev. Stat. § 51:213 Powers of the secretary of state; reservation of trade names, trademarks, and service
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§213. Powers of the secretary of state; reservation of trade names, trademarks, and service marks A. The secretary of state is authorized to promulgate rules and regulations and prescribe forms for the filing of trademarks under the provisions of this Subpart, and to have the pow…
La. Rev. Stat. § 51:2131 Short title
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§2131. Short title This Chapter shall be known and may be cited as the "Child Performer Trust Act". Acts 2005, No. 147, §2.
La. Rev. Stat. § 51:2132 Child performer contract; scope
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§2132. Child performer contract; scope A. The provisions of this Chapter shall apply to any contract in which a minor is employed or agrees to render artistic or creative services for compensation of five hundred dollars or more in this state which is not otherwise prohibited und…