Louisiana Revised Statutes 51:1409 – Private actions
Terms Used In Louisiana Revised Statutes 51:1409
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Knowingly: means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter. See Louisiana Revised Statutes 51:1402
- Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity. See Louisiana Revised Statutes 51:1402
- Plaintiff: The person who files the complaint in a civil lawsuit.
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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2018, No. 337, §1.