§ 51:1409 — Private actions

Louisiana § 51:1409

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§1409. Private actions
A. Any person who suffers any ascertainable loss of money or movable property,
corporeal or incorporeal, as a result of the use or employment by another person of an unfair
or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action
individually but not in a representative capacity to recover actual damages. If the court finds
the unfair or deceptive method, act, or practice was knowingly used, after being put on notice
by the attorney general, the court shall award three times the actual damages sustained. In
the event that damages are awarded under this Section, the court shall award to the person
bringing such action reasonable attorney fees and costs. Upon a finding by the court that an
action under this Section was groundless and brought in bad faith or for purposes of
harassment, the court may award to the defendant reasonable attorney fees and costs.
B. Upon commencement of any action brought under Subsection A of this Section,
the plaintiff's attorney shall mail a copy of the petition to the attorney general, and, upon
entry of any judgment or decree in the action, shall mail a copy of such judgment or decree
to the attorney general, but failure to conform with this Subsection shall not affect any of
plaintiff's rights under this Section.
C. Any permanent injunction, judgment or order of the court made under R.S.
51:1407 and 1408 shall be prima facie evidence in an action brought under this Section that
the respondent used or employed a method, act or practice declared unlawful by R.S. 51:1405
or by rule or regulation promulgated pursuant thereto; provided, however, that this
Subsection shall not apply to consent orders or voluntary assurances of compliance.
D. If any person is enjoined from the use of any method, act, or practice or enters
into a voluntary compliance agreement accepted by the attorney general under the provisions
of this Chapter, such person shall have a right of action to enjoin competing businesses
engaged in like practices.
E. The action provided by this Section shall be subject to a liberative prescription of
one year running from the time of the transaction or act which gave rise to this right of
action.

Legislative History

Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2018, No. 337, §1.