§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.