Louisiana Anti-Phishing Act
La. Rev. Stat. § 51:2021 - § 51:2034
CITATION:
CHAPTER 30-B. LOUISIANA ANTI-PHISHING ACT
§2021. Short title; definitions
A. This Chapter may be cited as the "Louisiana Anti-Phishing Act."
B. As used in this Chapter, the following terms shall have the meanings ascribed in this Section:
(1) "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(a) Name, social security number, date of birth, and government-issued identification number.
(b) Unique biometric data, including the individual's fingerprint, voice print, and retina or iris image.
(c) Unique electronic identification number, address, and routing code, and financial institution account number.
(d) Telecommunication identifying information or access device.
(4) "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet-naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.
(5) "Web page" means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
§2022. Creation of Web page or domain name for fraudulent purposes
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of another person's identifying information:
(1) Create a Web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of the business.
(2) Use that Web page or a link to the Web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
§2023. Electronic mail fraud
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information, send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that:
(1) Is falsely represented as being sent by a legitimate online business;
(2) Refers or links the recipient of the message to a Web page that is represented as being associated with the legitimate online business; and
(3) Directly or indirectly induces, requests, or solicits the recipient of the electronic mail message to provide identifying information for a purpose that the recipient believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
§2024. Civil relief
A. The following persons may bring a civil action against a person who violates this Chapter:
(1) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.
(2) An owner of a Web page or trademark who is adversely affected by the violation.
(3) The attorney general.
B. A person bringing an action under this Section may either:
(1) Seek injunctive relief to restrain the violator from continuing the violation.
(2) Recover damages in an amount equal to the greater of:
(a) Actual damages arising from the violation.
(b) One hundred thousand dollars for each violation of the same nature or both.
(3) Seek both injunctive relief and recover damages as provided by this Subsection.
C. The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this Section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
§2025. Applicability of Chapter
This Chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
CHAPTER 30-C. ANTI-PHISHING ACT OF 2006
§2031. Short title
This Chapter shall be known as the "Anti-Phishing Act of 2006".
Acts 2006, No. 201, §1.
§2032. Definitions
For the purposes of this Chapter, the following terms have the following meanings:
(1) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic message can be sent or delivered.
(2) "Identifying information" means any of the following:
(a) Social security number.
(b) Driver's license number.
(c) Bank account number.
(d) Credit card or debit card number.
(e) Personal identification number (PIN).
(f) Automated or electronic signature.
(g) Unique biometric data.
(h) Account password.
(i) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
(3) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(4) "Web page" means a location that has a single uniform resource locator or other single location with respect to the Internet.
Acts 2006, No. 201, §1.
§2033. Unlawful requests by misrepresentation
It shall be unlawful for any person, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business.
Acts 2006, No. 201, §1.
§2034. Remedies for violation
A. A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark that is adversely affected by a violation of R.S. 51:2033 may bring an action against a person who violates or is in violation of R.S. 51:2033. A person who brings an action under this Subsection may seek to recover the greater of actual damages or five hundred thousand dollars.
B. An individual who is adversely affected by a violation of R.S. 51:2033 may bring an action, but only against a person who has directly violated R.S. 51:2033. A person who brings an action under this Subsection may seek to enjoin further violations of R.S. 51:2033 and seek to recover the greater of three times the amount of actual damages or five thousand dollars per violation.
C. The attorney general or a district attorney in a parish where a violation occurs may bring an action against a person who violates or is in violation of R.S. 51:2033 to enjoin further violations of R.S. 51:2033 and to recover a civil penalty of up to two thousand five hundred dollars per violation.
D. In an action pursuant to this Section, a court may, in addition, do either or both of the following:
(1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under Subsections A and B of this Section in cases in which the defendant has engaged in a pattern and practice of violating R.S. 51:2033.
(2) Award costs of suit and reasonable attorney fees to a prevailing plaintiff.
E. The remedies provided for in this Section do not preclude the seeking of any other remedies, including criminal remedies, provided by law.
F. For purposes of Subsection A of this Section, multiple violations of R.S. 51:2033 resulting from any single action or conduct shall constitute one violation.
Acts 2006, No. 201, §1.
For more information, see here: https://legis.la.gov/Legis/law.aspx?d=411253
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