Terms Used In Louisiana Revised Statutes 45:833

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.  Any contract, agreement to purchase, or confirmation executed by a telephonic seller which purports to waive the rights of a purchaser under La. Rev. Stat. 45:831 or 832 shall be against public policy and unenforceable.  However, an agreement between a purchaser and a telephonic seller to extend the delivery time of any item to more than thirty days shall be enforceable if such seller has a reasonable basis to expect that he will be unable to ship the item within thirty days and includes provisions for such extension in the confirmation or contract required by La. Rev. Stat. 45:831.

B.  Any contract, agreement to purchase, or confirmation executed by a telephonic seller which confers greater rights upon a purchaser than the rights of the purchaser pursuant to La. Rev. Stat. 45:831 or 832 shall only be enforceable and not be in violation of such provisions if all such rights of the purchaser are specifically stated in the confirmation or contract required by La. Rev. Stat. 45:831.

C.  The provisions of this Section and La. Rev. Stat. 45:831 and 832 shall not eliminate, reduce, or otherwise restrict any other right of or remedy available to a purchaser.

Acts 1995, No. 679, §1.