La. Admin. Code tit. 55 § V-3241

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-3241 - Fair and Ethical Business Practices

A. Property protection firms and employees shall conduct all business practices in compliance with all applicable laws.

B. Property protection firms and employees shall impartially analyze safety or security problems of their customers and advance the best possible solution for the protection of the customer.

C. Property protection firms and employees shall not misrepresent any business claims to the customer.

D. Property protection firms and employees shall not misrepresent the features afforded by any product nor make unwarranted claims about the merits of any product or service they offer. Examples include, but are not limited to the following:

1. representing to a client that non-restricted or widely available keys (whether stamped "Do Not Duplicate" or not) provide any measure of assurance against unauthorized duplication;

2. selling a used product as new;

3. claiming the customer's existing equipment is out of date or substandard when it is not.

E. Property protection firms and employees shall avoid using any improper or questionable means of soliciting business. Prohibited practices include, but are not limited to:

1. affixing stickers to permanent fixtures such as doors or door frames or in any way defacing the property of any person without his express consent;

2. installing stickers or any other promotions in such fashion that they falsely represent that the firm has previously serviced the system or equipment in that location;

3. installing or supplying systems or equipment which curtails the customer's ability to choose a different company or technician for product support or service, unless the firm obtains the customer's expressed written consent;

4. modifying the customer's hardware in any fashion that will curtail the customer's ability to choose a different company or technician for later product support or service or cause him to incur additional expense by doing so, unless the firm obtains the customer's express written consent;

5. claiming the customer's current contractor is out of business when it is not.

F. Property protection firms and employees shall not directly solicit in violation of a no compete agreement, such as an employee offering competing bids to customers of his employer.

La. Admin. Code tit. 55, § V-3241

Promulgated by the Department of Public Safety and Corrections, Office of State Fire Marshal, LR 37:2746 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1664.2 et seq.