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      RS 51:1409.1     


§1409.1. Deceptive practices; telephone, electronic mail, or text messaging; elder persons and persons with disabilities; private actions

            A. For purposes of this Section, the following definitions apply:

            (1) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices, computers, or other electronic devices capable of sending and receiving electronic messages with a person identified by a unique electronic address.

            (2) "Telephone" means a system for transmitting voices over a distance using wire, radio, cellular, or electric signals.

            (3) "Text messaging" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or direct message.

            B. In addition to any damages to which a person is entitled pursuant to R.S. 51:1409, the court may award damages not to exceed ten thousand dollars per violation if a person knowingly sends deceptive information to any elder person or person with a disability, as those terms are defined in R.S. 51:1402, who suffers damage or injury as a result of an offense or violation described in this Chapter through marketing by telephone, electronic mail, or text messaging.

            C. Nothing in this Section shall be construed to extend liability for violations of the provisions of this Section to telephone, electronic mail, internet, cable, or other telecommunications service providers.

            Acts 2019, No. 14, §1.

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