Louisiana: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Any person who suffers any ascertainable loss of money or movable property... may bring an action individually but not in a representative capacity to recover actual damages.

§1409

may bring an action individually but not in a representative capacity to recover actual damages

Actual damages

Recovery for the loss a person actually suffered.

Actual damages recoverable by a person who suffers ascertainable loss.

§1409

to recover actual damages

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Three times the actual damages if knowingly used after being put on notice by the attorney general.

§1409

the court shall award three times the actual damages sustained

Attorney fees

Rules for recovering the cost of legal representation.

Court shall award reasonable attorney fees and costs to the person bringing the action if damages are awarded; may award to defendant if action groundless and brought in bad faith or for harassment.

§1409

the court shall award to the person bringing such action reasonable attorney fees and costs

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Action may be brought individually but not in a representative capacity.

§1409

may bring an action individually but not in a representative capacity

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Exemption for conduct complying with FTC Act section 5(a)(1), rules, and court decisions interpreting them.

§1406

Any conduct which complies with section 5(a)(1) of the Federal Trade Commission Act

Time limit for a claim

The period in which an action must be brought.

One year liberative prescription from the time of the transaction or act.

§1409

subject to a liberative prescription of one year running from the time of the transaction or act

Injunctive relief

Court orders requiring conduct to stop or change.

Attorney general may bring action for injunctive relief; courts authorized to issue restraining orders and injunctions without bond.

§1407

he may bring an action for injunctive relief in the name of the state

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

Up to five thousand dollars per violation if intent to defraud; additional up to five thousand dollars per violation against elder person or person with a disability.

§1407

penalty not to exceed five thousand dollars for each violation