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0 chapters · 996 sections in this title.
La. Rev. Stat. § 51:4 Fraud; penalty
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§4. Fraud; penalty No person shall misstate the condition of farm products or other products enumerated in R.S. 51:1, or the condition of the market, or any sale made, with intent to defraud, and no commission merchant shall take to his own account, or sell to himself or to any f…
La. Rev. Stat. § 51:40 False advertising; penalty
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§40. False advertising; penalty A. No person shall advertise, represent, or hold out any sale of goods to be a fire, bankruptcy, or fiduciary sale without having complied with the provisions of this Part. B. Whoever violates this Section shall be fined not less than fifty dollars…
La. Rev. Stat. § 51:41 Violations; penalty
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§41. Violations; penalty A. No person shall hold, conduct, or carry on any sale of goods as a fire, bankruptcy, or fiduciary sale contrary to the provisions of this Part. B. Whoever violates any of the provisions of this Part except as provided in R.S. 51:40 shall be fined not le…
La. Rev. Stat. § 51:411 Advertisements, untrue or misleading, prohibited; penalty
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§411. Advertisements, untrue or misleading, prohibited; penalty A. No person, with intent to sell or in any way dispose of merchandise, securities, service, or anything directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption, or …
La. Rev. Stat. § 51:412 Advertising of fallout shelters
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§412. Advertising of fallout shelters A. Definitions. For the purposes of this Section, the terms defined herein shall have the respective meanings hereinafter set forth. (1) Shelter: A fallout shelter, a blast-resistant shelter, or a limited blast-resistant shelter. (2) Fallout …
La. Rev. Stat. § 51:413 Advertising using the term "Doctor" or "Dr."
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§413. Advertising using the term "Doctor" or "Dr." A. No person shall assert, represent, make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state,…
La. Rev. Stat. § 51:414 Use of terms; fee information; violations
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§414. Use of terms; fee information; violations A. Except as otherwise authorized under state or federal law and rules and regulations promulgated thereunder, no person with intent to sell or in any way dispose of goods or services shall use the term "federal" or "United States,"…
La. Rev. Stat. § 51:42 Definitions
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§42. Definitions For purposes of this Part, the following terms shall have the meanings specified in this Section: (1) "Going-out-of-business sale" means any sale advertised, represented, or held forth as a sale to dispose of all goods as a means of ceasing to do business or chan…
La. Rev. Stat. § 51:421 Definitions
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§421. Definitions As used in this Subpart: A. "Retailer" means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail po…
La. Rev. Stat. § 51:422 Sales at less than cost unlawful
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§422. Sales at less than cost unlawful A. Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined by this Subpart plus any state, county or municipal sales tax that is then payable under any existing law or ordi…
La. Rev. Stat. § 51:422.1 Unfair sales of motor fuel; impairment of competition; exemptions; records to support exemptions
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§422.1. Unfair sales of motor fuel; impairment of competition; exemptions; records to support exemptions A. The provisions of this Section shall govern retail sales of motor fuel to the exclusion of R.S. 51:422 and 426. For purposes of this Section, the terms set forth below shal…
La. Rev. Stat. § 51:423 Violation; penalty; prima facie evidence; revocation of license or permit
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§423. Violation; penalty; prima facie evidence; revocation of license or permit A.(1) No retailer or wholesaler shall advertise, offer to sell, or sell at retail any item of merchandise at less than cost to the retailer or less than cost to the wholesaler respectively. (2) No ret…
La. Rev. Stat. § 51:424 Injunctions
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§424. Injunctions In addition, the courts of this state may prevent and restrain violations of this Subpart, and district attorneys, in the respective districts, shall institute proceedings to prevent and restrain violations. Any person damaged, or who is threatened with loss or …
La. Rev. Stat. § 51:425 Incrimination not to bar evidence in civil action; defendant or witness
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§425. Incrimination not to bar evidence in civil action; defendant or witness not to be prosecuted Any defendant, or any witness, in any civil action brought under the provisions of this Subpart may be required to testify, and the books, records, invoices and all other documents …
La. Rev. Stat. § 51:426 Exemptions
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§426. Exemptions The provisions of this Subpart shall not apply to sales at retail or sales at wholesale: (1) Where merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as such; (2) Where perishable merchandise must be sold promptly in order to forest…
La. Rev. Stat. § 51:427 Name of Subpart
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§427. Name of Subpart This Subpart may be cited as the Unfair Sales Law.
La. Rev. Stat. § 51:43 Applicability
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§43. Applicability The provisions of this Part shall not apply to or otherwise affect the following: (1) A sale conducted pursuant to an order or process of a court of competent jurisdiction. (2) A sale conducted by a sheriff, constable, a public or court officer, or other person…
La. Rev. Stat. § 51:44 Licensure required
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§44. Licensure required A. No person shall advertise, offer for sale, or sell a stock of goods at a going-out-of-business sale without a license issued pursuant to this Part for the conduct of such sale. A separate license shall be required for each location at which such a sale …
La. Rev. Stat. § 51:441 Definitions
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§441. Definitions (1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for or sales of the principal's product. (2) "Principal" means a person who: (a) Repealed by Acts 1995, No. 4…
La. Rev. Stat. § 51:442 Contract
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§442. Contract If there is a written contract between a principal and a sales representative under which the sales representative solicits wholesale orders within this state, it shall set forth the method by which the sales representative's commission shall be computed and paid. …
La. Rev. Stat. § 51:443 Payment of commissions; timely payment
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§443. Payment of commissions; timely payment Upon termination of any written or oral compensation agreement between a sales representative and a principal, the principal shall pay all commissions due the sales representative as specified in the agreement or, if not specified, no …
La. Rev. Stat. § 51:444 Attorney fees and damages
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§444. Attorney fees and damages A judgment or decree issued in any action brought by a sales representative for the payment of commissions by a principal may include payment by the principal of attorney fees and treble damages incurred by the sales representative. Acts 1988, No. …
La. Rev. Stat. § 51:445 Certain venue provisions invalid
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§445. Certain venue provisions invalid A. Any provision in a written or oral contract or agreement providing for the payment of commissions by a principal to a sales representative which purports to establish exclusive venue in a state other than Louisiana is hereby declared to b…
La. Rev. Stat. § 51:45 Administration
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§45. Administration A. The consumer protection section of the Department of Justice shall administer the provisions of this Part and shall have the authority to promulgate and adopt, pursuant to the Administrative Procedure Act, such rules and regulations as may be necessary for …
La. Rev. Stat. § 51:451 Payments and rebates charged against insurance deductibles; sellers of goods or
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§451. Payments and rebates charged against insurance deductibles; sellers of goods or services prohibited A. No person selling or engaged in the sale of goods or services shall: (1) Provide goods or services or advertise or promise to provide goods or services to an insured in a …
La. Rev. Stat. § 51:452 Contract paid with insurance policy proceeds; notice required
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§452. Contract paid with insurance policy proceeds; notice required A contract to provide goods or services that is reasonably expected to be paid wholly or partly with the proceeds from a claim under a property insurance policy and has a contract price of one thousand dollars or…
La. Rev. Stat. § 51:46 Registration of promoters
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§46. Registration of promoters A. Any person desiring to act as a promoter for a going-out-of-business sale shall apply to the consumer protection section for registration as a promoter. Application for such registration shall be in writing, under oath, in the form prescribed by …
La. Rev. Stat. § 51:461 Unsolicited merchandise; obligation of recipient
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§461. Unsolicited merchandise; obligation of recipient A. No person, firm, partnership, association or corporation shall offer for sale in any manner any goods, wares or merchandise if the offer includes the voluntary and unsolicited sending of such goods, wares or merchandise no…
La. Rev. Stat. § 51:461.1 Unsolicited goods; member of organization; obligation of recipient
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§461.1. Unsolicited goods; member of organization; obligation of recipient Whenever any person who is a member of an organization which makes retail sales of any goods, wares or merchandise to its members notifies the organization of his termination of membership, any unordered g…
La. Rev. Stat. § 51:462 Definitions
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§462. Definitions As used in this Subpart: (1) "Direct molding process" means any direct molding process in which the original manufactured vessel hull or component part of a vessel hull is itself used as a plug for the making of the mold, which is then used to manufacture a dupl…
La. Rev. Stat. § 51:462.1 Duplication and sale of items manufactured by direct molding process prohibited
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§462.1. Duplication and sale of items manufactured by direct molding process prohibited A. No person shall use the direct molding process to duplicate for the purpose of sale any manufactured vessel hull or component part of a vessel hull made by another without the written permi…
La. Rev. Stat. § 51:462.2 Injunctive relief; damages
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§462.2. Injunctive relief; damages Any person who suffers injury or damage as the result of a violation of the provisions of this Subpart may bring an action in a court of competent jurisdiction for an injunction prohibiting such violations. In addition, the injured person shall …
La. Rev. Stat. § 51:463 Sports trading card games
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§463. Sports trading card games A. No individual or other entity shall offer or require, or attempt to offer or require, any person to pay any consideration or venture any money, including but not limited to the payment of a handling fee or charge, or postage and handling fee or …
La. Rev. Stat. § 51:47 Application for going-out-of-business sale license; deposit; fee
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§47. Application for going-out-of-business sale license; deposit; fee A. Each person desiring to conduct a going-out-of-business sale shall make application to the consumer protection section at least five days prior to the opening date of such sale. Application for such licensur…
La. Rev. Stat. § 51:470.1 Short title
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§470.1. Short title This Subpart shall be known and may be cited as the "Allen Toussaint Legacy Act". Acts 2022, No. 425, §1.
La. Rev. Stat. § 51:470.2 Definitions
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§470.2. Definitions As used in this Subpart, the following words and phrases shall have the following meanings: (1) "Access software provider" means a provider of software, including client or server software, or enabling tools that do any one or more of the following: (a) Filter…
La. Rev. Stat. § 51:470.3 Property right in an individual's identity
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§470.3. Property right in an individual's identity A. Every individual has a property right in connection with the use of that individual's identity for commercial purposes. B. The identity rights provided in this Subpart constitute property rights that do not expire upon the dea…
La. Rev. Stat. § 51:470.4 Misappropriation of identity
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§470.4. Misappropriation of identity A. It shall be a violation of this Subpart for any person to use an individual's identity for a commercial purpose in Louisiana without having first obtained consent from the individual or the individual's authorized representative. B. A claim…
La. Rev. Stat. § 51:470.5 Exempt uses
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§470.5. Exempt uses A. This Subpart does not affect rights and privileges recognized under other state or federal laws, including those privileges afforded under the "fair use" factors in the United States Copyright Act of 1976. B. It shall not constitute a violation of this Subp…
La. Rev. Stat. § 51:470.6 Construction and applicability
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§470.6. Construction and applicability A. The rights granted by this Subpart are cumulative and shall be in addition to any others provided by law. B. The property rights granted by this Subpart vest with an individual or the individual's authorized representative on August 1, 20…
La. Rev. Stat. § 51:471 Parts supply to be kept in state by manufacturers, wholesalers, or their agents
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§471. Parts supply to be kept in state by manufacturers, wholesalers, or their agents All manufacturers or wholesale dealers or their general state agents who sell or offer for sale any tractors, threshers, binders, plows, discs, seeders, or any other implement used in agricultur…
La. Rev. Stat. § 51:472 Penalty
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§472. Penalty A. Whoever violates R.S. 51:471 shall be fined not more than five hundred dollars for each offense, or imprisoned for not more than ten days, or both. B. If no station or store of stock is established within sixty days after the first sale as provided in R.S. 51:471…
La. Rev. Stat. § 51:48 Issuance of license; term
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§48. Issuance of license; term A. Upon application and payment of the deposit and license fee specified in R.S. 51:47, the consumer protection section shall issue a going-out-of-business sale license to an applicant. Such license shall authorize the licensee to advertise and cond…
La. Rev. Stat. § 51:481 Applicability of Part
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§481. Applicability of Part A. The provisions of this Part shall apply to written contracts or oral agreements of definite or indefinite duration between any person, firm, corporation, partnership, limited liability company, or other business entity engaged in the business of sel…
La. Rev. Stat. § 51:481.1 Choice of remedy
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§481.1. Choice of remedy The remedies provided in this Part are in addition and supplemental to remedies provided in any dealer agreement. A dealer may elect to pursue its contract remedy, the remedies provided by law, or both. An election by the dealer to pursue remedies as prov…
La. Rev. Stat. § 51:482 Terminations or cancellations
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§482. Terminations or cancellations A.(1) No agent, directly through an officer or an employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement or contract without good cause, or if he failed to act in good fai…
La. Rev. Stat. § 51:483 Violations; civil remedies
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§483. Violations; civil remedies A. It shall be a violation of this Part for an agent to: (1) Coerce any dealers to accept delivery of equipment parts or accessories which the dealer has not ordered voluntarily, or to seek payment for any such equipment parts or accessories, or t…
La. Rev. Stat. § 51:483.1 Indemnification of dealers
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§483.1. Indemnification of dealers Notwithstanding the terms of any dealer agreement, each agent shall indemnify and hold harmless a dealer against any judgment for damages, including but not limited to court costs and reasonable attorney fees of the dealer, arising out of compla…
La. Rev. Stat. § 51:484 Resale of implements, machinery and attachments
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§484. Resale of implements, machinery and attachments Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent, dealer, wholesaler, manufacturer, or distributor, the agent shall pay to the dealer, or credit his account if he has outstanding an…
La. Rev. Stat. § 51:485 Resale of repair parts
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§485. Resale of repair parts A. Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent or dealer, the agent shall pay to the dealer, or credit to his account if he has outstanding any sums owing to the agent, a sum equal to one hundred perce…
