Louisiana Revised Statutes 45:821 – Legislative findings and intent
Terms Used In Louisiana Revised Statutes 45:821
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- seller: means a person who, on his or her own behalf or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur in which either the telephonic seller or the purchaser, or both, are located in Louisiana and which meets the following criteria:
(a) A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one or more of the following:
(i) That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. See Louisiana Revised Statutes 45:822
A. The legislature finds and declares that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of misrepresentations, lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and failure of delivery. The provisions of this Chapter relating to telephonic sellers are necessary for the public welfare.
B. It is the intent of the legislature to:
(1) Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made.
(2) Safeguard the public against deceit and financial hardship.
(3) Insure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure.
(4) Prohibit representations that may mislead.
Acts 1993, No. 1003, §1.