HB 853 — ADVERTISING: Provides relative to misleading solicitations by nongovernment entities (EN SEE FISC NOTE LF EX)

HLSENROLLED 26RS-1111 REENGROSSED Regular Session HOUSE BILL NO.

853 BY REPRESENTATIVE MCMAKIN ADVERTISING:AN ACT To amend and reenact R.S.

Provides relative to misleading solicitations by nongovernment entities AN ACT To amend and reenact R.S.

A solicitation by a nongovernmental entity, for the purchase of or payment for a product or service, which is in the form of and reasonably could be interpreted or construed as a bill, invoice, or statement of account due, but constitutes, in fact, a solicitation for the order bythe addresseeaddresseeof of goods or services, or both, shall not contain any material which qualifies as a misleading solicitation if it meets any of the following criteria:

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853 ENROLLED (2) Contains any reference to or a citation to a state statute or federal code thatmisrepresentseithertheidentityofthemailerortheprotectionorstatusafforded such matter by the Louisiana state government any government entity.

(4) Containsphrasessuchas"finalnotice","immediateresponserequested", "official notification", or anysimilar language, unlessunlesstheindividual theindividual orentityhas an existing business relationship with the solicitee.

THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY LOUISIANA STATE GOVERNMENT AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE LOUISIANA STATE GOVERNMENT." Page 2 of 64 CODING:

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853 ENROLLED (2) Each such solicitation shall bear, on the outer envelope, if one exists, in conspicuousandlegibletype,whichisnotsmallerthanfourteen-pointblackfont,the following disclaimer:

"THIS IS NOT A GOVERNMENT ENTITY." (3) Each such solicitation that utilizes a subscription, automatic renewal, or continuousserviceshallincludethefollowingdisclaimerinconspicuousandlegible type which is not smaller than fourteen-point black font,font: the following disclaimer:

(2)Page An3 insurer licensed under Title 22 of the4 LouisianaCODING: Revised Statutes of 1950.

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853 (3)ENROLLED A(2) licensedAninsurerlicensedpursuanttoTitle22oftheLouisianaRevisedStatutes motor vehicle dealer as defined in Title 32 of the Louisiana Revised Statutes of 1950.

DIGEST(3) ThedigestprintedbelowwaspreparedbyHouseLegislativeA Services.licensed motor vehicle dealer as defined in Title 32 of the Louisiana Revised Statutes of 1950.

ItSPEAKER constitutesOF nopartTHE ofHOUSE theOF legislativeREPRESENTATIVES instrument.PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ThePage keyword,4 one-liner, abstract, and digest do not constitute part of the4 lawCODING: or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 853 Reengrossed 2026 Regular Session McMakin Abstract:

Provides relative to misleading solicitations by nongovernment entities.

Present law provides for solicitations by a nongovernmental entity.

Present law provides that a solicitation by a nongovernmental entity, for the purchase of or paymentforaproductorservice,whichisintheformofandreasonablycouldbeinterpreted or construed as a bill, invoice, or statement of account due, but constitutes, in fact, a solicitation fortheorderbytheaddresseeofgoods orservices,orboth, shall not containany material which:

(1) Reasonablycould be interpreted or construed as implying anyLa.

state government connection, approval, or endorsementthrough the use of a seal, insignia, or name of a state agency, department, commission, or program, or a citation to a state statute.

(2) Contains anyreference to or a citation to a state statute that misrepresents either the identityofthemailerorthe protection or status affordedsuch matter bythe La.

state government.

(3) Reasonably could be construed by a business registered with the secretary of state as implying any connection with the secretary of state or requiring payment or additional action to remain in good standing as a business registered with the secretary of state.

Proposed law amends present law and instead provides that a solicitation by a nongovernmental entity, for the purchase of or payment for a product or service, a solicitation for the order by the addressee of goods or services, or both, shall qualify as misleading solicitation if it meets any of the following criteria:

(1) Reasonablycould be interpreted or construed as falselyimplying anylocal, state, or federal government connection, approval, or endorsement through the use of a seal, insignia, or name of a government agency, department, commission, or program, or a citation to a state or federal law.

(2) Contains any reference to or a citation to a state statute or federal code that misrepresents either the identity of the mailer or the protection or status afforded such matter by any government entity.

(3) Reasonably could be construed by a business registered with the secretary of state as implying any connection with the secretary of state or requiring payment or additional action to remain in good standing as a business registered with the secretary of state.

(4) Contains phrases such as "final notice", "immediate response requested", "official notification", or anysimilar language, unless the individual or entityhas an existing business relationship with the solicitee.

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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

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853 (5) Contains an offer for goods and services that result in a subscription service, automatic renewals, or continuous services that are not clearly and conspicuously disclosed within the communication to the consumer.

Present law provides for additional requirements for solicitors.

Proposedlawprovidesthatcertainrequirementslisted in present and proposed law areonly necessary if considered a misleading solicitation.