La. Admin. Code tit. 16 § III-505

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-505 - Magazine and Periodical Subscription Service Sales Practices

A. Prohibited magazine and periodical subscription service sales practices shall include:

1. soliciting or accepting subscriptions for magazines or other periodicals without authority to sell same or which cannot be delivered or caused to be delivered within 90 days; or

2. requiring subscribers to substitute magazines or other periodicals in the place of those originally subscribed for; or

3. substituting magazines or other periodicals for those subscribed for without the consent of the subscribers; or

4. representing, directly or by implication, that the delivery of magazines sold is guaranteed, without clearly and conspicuously disclosing the terms and conditions of such guarantee, or misrepresenting in any manner the terms and conditions of any guarantee; or

5. failing to notify a subscriber within 30 days from the date of sale of any subscription of the inability to place all or part of a subscription agreement and deliver each of the magazines or other publications subscribed for; and to offer each such subscriber the option to receive a pro rata reduction in the contract price or a full refund of the money paid for such subscription or part thereof which is undeliverable, or, with the written consent of the subscriber to substitute other publications of comparable value, in lieu thereof; or

6. failing to give clear and conspicuous oral and written notice to each subscriber that upon written request said subscriber will be entitled to a pro rata refund of monies paid or a like reduction in the contract price if he does not receive the magazine or periodicals subscribed for within 90 days of the date of sale; or

7. misrepresenting in any manner the savings which will be accorded or made available to purchasers; or

8. representing, directly or indirectly, that any salesman, agent, solicitor or employee of a magazine or periodical subscription service is primarily conducting or participating in a survey, quiz, or is engaged in any activity other than soliciting business; or misrepresenting in any manner the purpose of the call or solicitation; or

9. misrepresenting any other aspect of the contract, sale, cost or service to be provided in any manner, with the intent to induce a consumer to enter a contract or otherwise subscribe to the services offered.

B. Whoever engages in a prohibited magazine or periodical subscription sales practice violates R.S. 51:1405(A)prohibiting, inter alia, unfair and deceptive acts and practices in trade and commerce.

C. All rules and regulations or parts thereof in conflict herewith are hereby repealed.

D. If any part of this rule is ever legally declared to be invalid for any reason, the remainder of the rule shall continue in full force and effect, and to this end, this rule is declared to be severable.

La. Admin. Code tit. 16, § III-505

Promulgated by the Department of Justice, Consumer Protection Section, LR 21:952 (September 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:1401 et seq.