Louisiana § 51:1422 Unfair or deceptive trade practice; unsolicited offer to sell extended service

Louisiana Statutes

§ 51:1422 — Unfair or deceptive trade practice; unsolicited offer to sell extended service

Louisiana·Title 51 Trade and Commerce

§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 extended service agreement relative to a motor vehicle.

B.If the unsolicited offer is in writing, it shall state at the top of each page "THIS IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL DOCUMENT." The statement shall be in conspicuous and legible type that is not smaller than fourteen-point font and is in contrast by typography, layout, or color with any other printing on the writing.

C.If the unsolicited offer is oral, it shall begin and end with the sta

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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 extended service agreement relative to a motor
vehicle.
B. If the unsolicited offer is in writing, it shall state at the top of each page "THIS
IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT
ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL DOCUMENT." The statement shall
be in conspicuous and legible type that is not smaller than fourteen-point font and is in
contrast by typography, layout, or color with any other printing on the writing.
C. If the unsolicited offer is oral, it shall begin and end with the statement: "THIS
IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT
ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL NOTIFICATION OR DEMAND
FOR ACTION."
D. A violation of the provisions of this Section shall constitute a deceptive and unfair
trade practice and subject the violator to any and all actions and penalties authorized in this
Chapter. Each offer in violation of this Section shall be considered a separate offense.
E. For the purposes of this Section, "extended service agreement" shall include any
vehicle mechanical breakdown insurance policy, vehicle service contract sold by an
independent payment provider or their agent, or vehicle component coverage contract.
"Unsolicited offer" shall not include an offer made subsequent to a prior personal contact that
included a meaningful exchange between the offeror and offeree.
F. The provisions of this Section shall not apply to any manufacturer, distributor, or
dealer of motor vehicles as defined in R.S. 32:1252, any vehicle mechanical breakdown
insurer licensed pursuant to R.S. 22:362, any person acting pursuant to an agreement of and
on behalf of such manufacturer, distributor, dealer, or licensed vehicle mechanical
breakdown insurer, any entity licensed pursuant to R.S. 6:969.37, or any Federal Deposit
Insurance Corporation (FDIC) or National Credit Union Administration (NCUA) insured
depository financial institution operating with a main office or one or more branches in this
state, or their subsidiaries or affiliates.

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