§1406. Exemptions
The provisions of this Chapter shall not apply to:
(1) Any federally insured financial institution, its subsidiaries, and affiliates or any licensee of the Office of Financial Institutions, its subsidiaries, and affiliates or actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public utility regulatory body, the commissioner of financial institutions, the insurance commissioner, the financial institutions and insurance regulators of other states, or federal banking regulators who possess authority to regulate unfair or deceptive trade practices.
(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station or other advertising medium in the publication or dissemination of an advertisement when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement and did not have any direct financial interest in the sale or distribution of the advertised product or service.
(3) No seller of any product or service who disseminates any advertisement or promotional material in this state shall be liable under this Chapter if he receives the advertisement or promotional material from a manufacturer, packer, distributor, or other seller from whom he has purchased the product or service unless he refused on the request of the attorney general to provide the name and address of the manufacturer, packer, distributor, or other seller from whom he has purchased the product or service and said seller also agrees to enter into an assurance of voluntary compliance as prescribed by this Chapter from disseminating any such advertisement or promotional material thereafter. This exemption does not in any way limit the right of action any consumer may have under this Chapter.
(4) Any conduct which complies with section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C., 45(a)(1)], as from time to time amended, any rule or regulation promulgated thereunder and any finally adjudicated court decision interpreting the provisions of said Act, rules and regulations.
Added by Acts 1972, No. 759, §1; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2006, No. 171, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
Notes of Decisions
Levine v. First Nat. Bank of Com., 917 So. 2d 1235 (La. Ct. App. 2005).
· cites it 6× “The Bank further argues that the trial court erred in applying the amended version of R.S. 51:1406, rather than the version of the law that was in effect at the time the mortgage contract was executed.”
Scott v. Bank of Coushatta, 512 So. 2d 356 (La. 1987).
· cites it 2× “" La.Rev.Stat.Ann. § 51:1406(1). Monitoring and collecting a loan are powers incidental to a state bank's express power to loan money and therefore constitute actions subject to the jurisdiction of the Commissioner of Financial Institutions.”
Bank of New York v. Parnell, 32 So. 3d 877 (La. Ct. App. 2010).
· cites it 7× “R.S. 51:1406(1). The bank filed a motion for summary judgment asserting that as a matter of law Ms.”
Capitol House Pres. Co. v. Perryman Consultants, Inc., 47 So. 3d 408 (La. Ct. App. 2009).
· cites it 4× “" LSA-R.S. 51:1406(4). Therefore, in interpreting Louisiana's statute, a court must consider how the Federal Trade Commission and the federal courts have applied the Federal Trade Commission Act to various types of conduct.”
Taxicab Ins. Store, LLC v. Am. Serv. Ins. Co., 224 So. 3d 451 (La. Ct. App. 2017).
· cites it 8× “R.S. 51:1406, we find that the actions taken by the defendants in issuing the taxicab insurance policies are specifically exempted from LUTPA.”
Phillips v. Patterson Ins. Co., 813 So. 2d 1191 (La. Ct. App. 2002).
· cites it 2× “R.S. 51:1406 provides in pertinent part: The provisions of this Chapter shall not apply to: (1)Actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public utility *1196 regulatory body, the commissioner of financial…”
Preferred Inv. Corp. v. Neucere, 592 So. 2d 889 (La. Ct. App. 1991).
· cites it 4× “On the day of trial in the matter, PIC filed an exception of no cause or right of action and motion in limine, arguing that PIC was exempt from the provisions of R.”
Bank of New Orleans & Trust Co. v. Phillips, 415 So. 2d 973 (La. Ct. App. 1982).
· cites it 2× “BNO argues that it is not subject to the act due to the language of R.S. 51:1406 which provides as follows: "The provisions of this chapter shall not apply to: "(1) Actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public…”
First Fin. Bank, FSB v. Butler, 492 So. 2d 503 (La. Ct. App. 1986).
· cites it 3× “[emphasis added] *505 Appellants, the Butlers, claim that First Financial Bank, being a Federal Savings Bank, does not meet the criteria necessary to be classified a "bank" under LSA-R.S. 51:1406, but rather is more akin to a savings and loan association, as defined in LSA-R.”
La. Rev. Stat. § 51:1406(1): 43 cases
Scott v. Bank of Coushatta, 512 So. 2d 356 (La. 1987).
“" La.Rev.Stat.Ann. § 51:1406(1). Monitoring and collecting a loan are powers incidental to a state bank's express power to loan money and therefore constitute actions subject to the jurisdiction of the Commissioner of Financial Institutions.”
Bank of New York v. Parnell, 32 So. 3d 877 (La. Ct. App. 2010).
“R.S. 51:1406(1). The bank filed a motion for summary judgment asserting that as a matter of law Ms.”
Levine v. First Nat. Bank of Com., 917 So. 2d 1235 (La. Ct. App. 2005).
“The Bank further argues that the trial court erred in applying the amended version of R.S. 51:1406, rather than the version of the law that was in effect at the time the mortgage contract was executed.”
Taxicab Ins. Store, LLC v. Am. Serv. Ins. Co., 224 So. 3d 451 (La. Ct. App. 2017).
“R.S. 51:1406, we find that the actions taken by the defendants in issuing the taxicab insurance policies are specifically exempted from LUTPA.”
La. Rev. Stat. § 51:1406(4): 2 cases
Capitol House Pres. Co. v. Perryman Consultants, Inc., 47 So. 3d 408 (La. Ct. App. 2009).
“" LSA-R.S. 51:1406(4). Therefore, in interpreting Louisiana's statute, a court must consider how the Federal Trade Commission and the federal courts have applied the Federal Trade Commission Act to various types of conduct.”
La. Rev. Stat. § 51:1406(A): 1 case
Taxicab Ins. Store, LLC v. Am. Serv. Ins. Co., 224 So. 3d 451 (La. Ct. App. 2017).
“R.S. 51:1406, we find that the actions taken by the defendants in issuing the taxicab insurance policies are specifically exempted from LUTPA.”
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