This text of Louisiana § 51:3284 (Violations) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§3284. Violations
A. The attorney general shall investigate reasonable allegations that a person or
entity, including a government entity, has violated the provisions of this Chapter and, upon
finding violation, provide written notice to the person or entity believed to have committed
the violation. The person or entity shall cease the violation within thirty business days after
receiving written notice from the attorney general pursuant to this Section.
B.
(1)If a person or entity does not cease the violation within thirty business days
after receiving written notice from the attorney general in accordance with this Section, the
attorney general shall file an action against that person or entity to seek an injunction.
(2)If the court finds that the person or entity violated the provision
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§3284. Violations
A. The attorney general shall investigate reasonable allegations that a person or
entity, including a government entity, has violated the provisions of this Chapter and, upon
finding violation, provide written notice to the person or entity believed to have committed
the violation. The person or entity shall cease the violation within thirty business days after
receiving written notice from the attorney general pursuant to this Section.
B.(1) If a person or entity does not cease the violation within thirty business days
after receiving written notice from the attorney general in accordance with this Section, the
attorney general shall file an action against that person or entity to seek an injunction.
(2) If the court finds that the person or entity violated the provisions of this Chapter
and has not ceased the activity constituting the violation, the court shall enjoin the person or
entity from continuing such activity and shall award attorney fees and costs.
(3) If a person or entity purposely fails to comply with an injunction issued pursuant
to Paragraph (2) of this Subsection after thirty business days of being served with the
injunction, the attorney general, upon petition to the court, shall seek to impose on that
person or entity a civil fine in an amount not to exceed one thousand dollars per violation.
In assessing such a civil fine, the court shall consider factors resulting from the violation,
including the financial resources of the violator and the harm or risk of harm to the rights
under the Second Amendment to the United States Constitution and Article I, Section 11 of
the Constitution of Louisiana.
(4) Any order assessing a civil fine pursuant to Paragraph (3) of this Subsection shall
be stayed pending appeal of the order.
C. The attorney general has exclusive authority to enforce the provisions of this
Chapter. The remedies set forth in this Section are the exclusive remedies for any violation
of this Chapter.
D. It shall be a defense to a proceeding initiated pursuant to this Section that a
merchant category code was required to be permitted or assigned by law.