Title 51, Trade and Commerce
0 chapters · 1,237 sections in this title.
La. Rev. Stat. § 51:336 Violation by corporation; suit to oust corporation from all business in
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§336. Violation by corporation; suit to oust corporation from all business in state Where a corporation has been convicted of a violation of the provisions of this Subpart, and continues or attempts to do business thereafter in this state, the Attorney General shall oust such cor…
La. Rev. Stat. § 51:337 Violation; remedies and penalties cumulative
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§337. Violation; remedies and penalties cumulative The remedies and penalties provided in this Subpart shall be cumulative to each other and to all other remedies and penalties provided by law.
La. Rev. Stat. § 51:34 Application for license; supplemental license
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§34. Application for license; supplemental license A. Every person who desires a license under R.S. 51:33 shall make an application to the mayor or to the governing authority of the parish of location, in writing and under oath, showing all the facts in regard to the insurance, b…
La. Rev. Stat. § 51:35 Issuance of license; fee
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§35. Issuance of license; fee If the mayor or the governing authority of the parish of location is satisfied from the application required by R.S. 51:34 that the proposed sale is of the character which the applicant desires to conduct and advertise, he shall issue a license, upon…
La. Rev. Stat. § 51:350 Independent truckers; prohibit requirement of broker
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§350. Independent truckers; prohibit requirement of broker A. It shall be unlawful for any person, firm, or corporation to require that an independent trucker utilize the services of a broker in contracting for work with that person, firm, or corporation. B. If any firm or corpor…
La. Rev. Stat. § 51:36 License; record of application; abstract
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§36. License; record of application; abstract The mayor or the governing authority of the parish of location to whom application is made, as provided for in R.S. 51:34, shall endorse upon the application the date of its filing, preserve it as a record of his office, make an abstr…
La. Rev. Stat. § 51:361 Definitions
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§361. Definitions As used in this Subpart: (1) "Compensation" means the payment of money, a thing of value, or any financial benefit. Compensation does not include: (a) Payment to participants based upon sales of products purchased for actual use or consumption, including product…
La. Rev. Stat. § 51:362 Promoting pyramid promotional scheme unlawful
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§362. Promoting pyramid promotional scheme unlawful No person shall promote a pyramid promotional scheme in Louisiana or cause a pyramid promotional scheme to be promoted in Louisiana. Acts 1997, No. 379, §1; Acts 2001, No. 837, §1.
La. Rev. Stat. § 51:363 Violations; penalties
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§363. Violations; penalties Whoever promotes a pyramid promotional scheme in Louisiana or causes a pyramid promotional scheme to be promoted in Louisiana shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or b…
La. Rev. Stat. § 51:364 Repealed by Acts 1997, No
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§364. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:365 Repealed by Acts 1997, No
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§365. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:366 Repealed by Acts 1997, No
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§366. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:367 Repealed by Acts 1997, No
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§367. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:368 Repealed by Acts 1997, No
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§368. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:369 Repealed by Acts 1997, No
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§369. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:37 License; removal of goods
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§37. License; removal of goods The license required by R.S. 51:33 shall be valid only for a sale of the goods inventoried and described in the application for the license, in the manner and at the time and place mentioned and set forth in the application. Any removal of the goods…
La. Rev. Stat. § 51:370 Repealed by Acts 1997, No
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§370. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:371 Repealed by Acts 1997, No
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§371. Repealed by Acts 1997, No. 379, §2.
La. Rev. Stat. § 51:38 Purchase of additional goods for resale
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§38. Purchase of additional goods for resale No person intending to conduct a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall order any goods for the purpose of selling and disposing of the same at the sale, and any unusual purchase and addition…
La. Rev. Stat. § 51:39 Additional goods not to be added during the sale
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§39. Additional goods not to be added during the sale A. No person carrying on or conducting a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall, during the continuance of the sale, add any goods to the stock of goods described and inventoried in …
La. Rev. Stat. § 51:391 Solicitations; misleading governmental appearance prohibited; misleading
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§391. Solicitations; misleading governmental appearance prohibited; misleading connections to the secretary of state prohibited; disclaimer; penalty A. A solicitation by a nongovernmental entity, for the purchase of or payment for a product or service, which is in the form of and…
La. Rev. Stat. § 51:392 Warranty solicitations
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§392. Warranty solicitations A. No individual or other entity shall offer, or attempt to offer, any solicitation to a resident of this state for the purchase of a warranty, by use of the United States Postal Service, an expedited shipping service, or any electronic means using te…
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. § 51:453 §§453, 454 Repealed by Acts 1970, No
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§453. §§453, 454 Repealed by Acts 1970, No. 423, §23
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 …