§1823. Prohibited acts
No business opportunity seller or agent shall:
(1)Represent that a business opportunity provides income or earning
potential of any kind unless the seller has documented data to substantiate the
claims of income or earning potential and discloses this data to the prospective
purchaser at the time such representations are made.
(2)Advertise or make any written reference to a specific range or level
of income or earning potential without setting forth the following disclosure,
with blanks completed in print as large or larger than that referring to income
or earning potential:
"No assurance of earnings or ranges of earnings can be made. The
number of purchasers who have earned more through this business than they
invested is at least _________. This is ________ perce
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§1823. Prohibited acts
No business opportunity seller or agent shall:
(1) Represent that a business opportunity provides income or earning
potential of any kind unless the seller has documented data to substantiate the
claims of income or earning potential and discloses this data to the prospective
purchaser at the time such representations are made.
(2) Advertise or make any written reference to a specific range or level
of income or earning potential without setting forth the following disclosure,
with blanks completed in print as large or larger than that referring to income
or earning potential:
"No assurance of earnings or ranges of earnings can be made. The
number of purchasers who have earned more through this business than they
invested is at least _________. This is ________ percent of the total number
of purchasers. This information is current as of (date) ".
(3) Use the trademark, service mark, trade name, logotype, advertising,
or other commercial symbol of any business which does not either control the
ownership interest in the seller or expressly permit the seller to use its
trademark, service mark, trade name, logotype, advertising, or other
commercial symbol.
(4) Make or authorize the making of any reference to its compliance
with this Chapter in any advertisement or contract with prospective purchasers.
(5) Use advertising which does not include the actual business name
of the seller, and, if it differs, the name under which the business opportunity
is operated, and the street address of the principal place of business of the
seller.
(6) Fail to embody the sale or lease in a written agreement, or to
include in that agreement all material statements, representations, or promises
made orally prior to execution of the written agreement by the seller or agent,
or both.
(7) Include in any agreement a waiver of the purchaser's rights
established by law.
(8) Offer, sell, or lease a business opportunity in Louisiana without
appointing the secretary of state as its agent in Louisiana authorized to receive
service of process.
(9) Fail to provide, upon request of a district attorney, the attorney
general, or the assistant secretary, documented data to substantiate claims of
income or earning potential.