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Code · Louisiana · Title 51 — Trade and Commerce

RS 51:3284

357 words·~2 min read·/la/title-51/51-1220

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RS 51:3284
§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.
Acts 2024, No. 585, §1.
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