Louisiana Revised Statutes 45:829 – Bond requirement
Terms Used In Louisiana Revised Statutes 45:829
- Department: means the Department of Justice. See Louisiana Revised Statutes 45:822
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See Louisiana Revised Statutes 45:822
- 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. Every telephonic seller shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of fifty thousand dollars in favor of the state of Louisiana for the benefit of any person suffering injury or loss by reason of any violation of this Chapter to be paid under the terms of any order of a court of competent jurisdiction obtained by the attorney general, district attorney, or city attorney as a result of any violation of this Chapter. A copy of the bond shall be filed with the consumer protection section of the Department of Justice. This bond shall not be required of any franchised or licensed cable television operator.
B. At least ten days prior to the inception of a promotion offering a premium with an actual market value or advertised value of five hundred dollars or more, the telephonic seller shall notify the attorney general in writing of the details of the promotion, describing the premium, and its current market value, the value at which it is advertised or held out to the customer, the date the premiums shall be awarded, and the conditions under which the award shall be made. The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. A copy of the bond shall be filed with the consumer protection section of the Department of Justice. The bond, or portion thereof necessary to cover the cost of the award, shall be forfeited if the premium is not awarded to a bona fide customer within thirty days of the date disclosed as the time of award or the time otherwise required by law. The proceeds of the bond shall be paid to any person suffering injury or loss by reason of any violation of this Chapter, or shall be paid pursuant to the terms of any order of a court of competent jurisdiction obtained by the attorney general, district attorney, or city attorney as a result of any violation of this Chapter. The bond shall be maintained until the seller files with the attorney general proof that the premium was awarded.
Acts 1993, No. 1003, §1.