A.  It shall be unlawful for any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization to engage in unfair or deceptive practices or misrepresentations regarding the purposes for which funds are being solicited.

B.  In addition to other remedies or penalties provided by law, if any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization represents, either orally or in writing, that the proceeds of the solicitation shall be used for a specific person, event, facility, institution, or project, the person, sponsor of the event, or owner or operator of the facility, institution, or project named as beneficiary may file suit:

(1)  To enjoin any unauthorized use of its name or other actions which are in violation of this Section.

(2)  To obtain the proceeds of the solicitation, as a third party beneficiary under Civil Code Article 1978, if the proceeds are not forthcoming from the charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization.

Acts 1997, No. 819, §2, eff. July 10, 1997.