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La. Rev. Stat. § 51:1402 (2026)

Definitions

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§1402. Definitions

            As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them:

            (1) "Consumer" means any person who uses, purchases, or leases goods or services.

            (2) "Consumer interest" means those acts, practices, or methods that affect the economic welfare of a consumer.

            (3) "Consumer transaction" means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use.

            (4) "Documentary material" means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated.

            (5) "Elder person" means any person sixty-five years of age or older.

            (6) "Examination" of documentary material includes the inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect to any such documentary material or copy thereof.

            (7) "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.

            (8) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.

            (9) "Person with a disability" means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection.

            (10)(a) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state.

            (b) "Trade" or "commerce" shall include the advertising, offering for sale, sale, or distribution of an abortion-inducing drug in violation of R.S. 40:962.2.

            (c) "Trade" or "commerce" shall include the advertising or collecting fees as an adoption facilitator in violation of R.S. 46:1426.

            Added by Acts 1972, No. 759, §1. Amended by Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 548, §3; Acts 2024, No. 362, §2.

Notes of Decisions
Cited in 39 cases (7 in the last 5 years), 1979–2024 · leading case: Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008).
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Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008). · cites it 16× “R.S. 51:1402. Definitions (in pertinent part) As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
Cheramie Servs., Inc. v. Shell Deepwater Prod., Inc., 35 So. 3d 1053 (La. 2010). · cites it 2× “The definition portion of LUTPA is found in LSA-R.S. 51:1402 which provides, in pertinent part: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
IberiaBank v. Darryl Broussard, 907 F.3d 826 (5th Cir. 2018). “LUTPA defines "trade or commerce" broadly: "the advertising, offering for sale, sale, or distribution of any services .”
Guillory v. Broussard, 190 So. 3d 486 (La. Ct. App. 2016). · cites it 3× “R.S. 51:1402 et seq. | f;This case eventually proceeded to bench trial on Ms.”
In re Rezulin Prods. Liab. Litig., 392 F. Supp. 2d 597 (S.D.N.Y. 2005). · cites it 2× “La.Rev.Stat. Ann. § 51:1402(1) (2005) 106 .”
A & W Sheet Metal, Inc. v. Berg Mech., Inc., 653 So. 2d 158 (La. Ct. App. 1995). · cites it 4× “[2] Berg asserted that it was neither a business competitor of A & W nor was the bid process a "consumer transaction" within the meaning of LSA-R.S. 51:1402(3). However, neither of these elements was required for A & W to have a right of action against Berg.”
Monroe Med. Clinic, Inc. v. Hosp. Corp. of Am., 622 So. 2d 760 (La. Ct. App. 1993). · cites it 2× “" LSA-R.S. 51:1402(8) defines person as a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.”
Bogues v. Louisiana Energy Consultants, Inc., 71 So. 3d 1128 (La. Ct. App. 2011). “R.S. 51:1402, which provides, in pertinent part: (1) “Consumer” means any person who uses, purchases, or leases goods or services.”
Reed v. Allison & Perrone, 376 So. 2d 1067 (La. Ct. App. 1979). · cites it 2× “Advertising of legal services is clearly a "trade" or "commerce" as defined by R.S. 51:1402(10). [2] It is, therefore, subject *1069 to the provisions of the Louisiana Unfair Trade Practices and Consumer Protection Law, R.”
MOBILE Expl. v. Certain Underwriters, 837 So. 2d 11 (La. Ct. App. 2002). “R.S. 51:1402(10) as meaning an act or practice used such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of the Chapter.”
Roustabouts, Inc. v. Hamer, 447 So. 2d 543 (La. Ct. App. 1984). “Of importance is the fact that the term person is defined in LSA-R.S. 51:1402(8) to include corporations as well as natural persons.”
Rogers v. B-Real, L.L.C. (In Re Rogers), 391 B.R. 317 (Bankr. M.D. La. 2008). “R.S. 51:1402(9). 10 *327 Filing a proof of claim in a bankruptcy case cannot reasonably be construed as advertising, selling or distributing services or property within the meaning of section 1402(9).”
Show all 39 citing cases →
La. Rev. Stat. § 51:1402(1): 9 cases
Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008). “R.S. 51:1402. Definitions (in pertinent part) As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
In re Rezulin Prods. Liab. Litig., 392 F. Supp. 2d 597 (S.D.N.Y. 2005). “La.Rev.Stat. Ann. § 51:1402(1) (2005) 106 .”
Washington Mut. Bank v. Monticello, 976 So. 2d 251 (La. Ct. App. 2008).
Shaw Indus., Inc. v. Brett, 884 F. Supp. 1054 (M.D. La. 1994).
Landrum v. Bd. of Commissioners of the Orleans Levee Dist., 758 F. Supp. 387 (E.D. La. 1991).
La. Rev. Stat. § 51:1402(10): 9 cases
IberiaBank v. Darryl Broussard, 907 F.3d 826 (5th Cir. 2018). “LUTPA defines "trade or commerce" broadly: "the advertising, offering for sale, sale, or distribution of any services .”
Guillory v. Broussard, 190 So. 3d 486 (La. Ct. App. 2016). “R.S. 51:1402 et seq. | f;This case eventually proceeded to bench trial on Ms.”
Reed v. Allison & Perrone, 376 So. 2d 1067 (La. Ct. App. 1979). “Advertising of legal services is clearly a "trade" or "commerce" as defined by R.S. 51:1402(10). [2] It is, therefore, subject *1069 to the provisions of the Louisiana Unfair Trade Practices and Consumer Protection Law, R.”
MOBILE Expl. v. Certain Underwriters, 837 So. 2d 11 (La. Ct. App. 2002). “R.S. 51:1402(10) as meaning an act or practice used such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of the Chapter.”
Cupp Drug Store, Inc. v. Blue Cross & Blue Shield of Louisiana, Inc., 161 So. 3d 860 (La. Ct. App. 2015).
La. Rev. Stat. § 51:1402(10)(a): 2 cases
Law Indus., LLC v. State of Louisiana, Dep't of Educ., Recovery Sch. Dist. & Advanced Env't Consulting, Inc., 378 So. 3d 3 (La. 2024).
The Dep't of Wildlife & Fisheries Versus Bp Oil Pipeline Co., No. 24-C-247 (La. Ct. App. Nov. 20, 2024).
La. Rev. Stat. § 51:1402(2): 1 case
Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008). “R.S. 51:1402. Definitions (in pertinent part) As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
La. Rev. Stat. § 51:1402(3): 5 cases
Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008). “R.S. 51:1402. Definitions (in pertinent part) As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
A & W Sheet Metal, Inc. v. Berg Mech., Inc., 653 So. 2d 158 (La. Ct. App. 1995). “[2] Berg asserted that it was neither a business competitor of A & W nor was the bid process a "consumer transaction" within the meaning of LSA-R.S. 51:1402(3). However, neither of these elements was required for A & W to have a right of action against Berg.”
Harp v. Autrey, 121 So. 3d 1260 (La. Ct. App. 2013).
Shaw Indus., Inc. v. Brett, 884 F. Supp. 1054 (M.D. La. 1994).
Jesco Constr. Corp. v. Nationsbank Corp., 107 F. Supp. 2d 715 (E.D. La. 2000).
La. Rev. Stat. § 51:1402(7): 1 case
Energy Partners, LP v. New Generation Gas Gathering LLC, 388 So. 3d 538 (La. Ct. App. 2024).
La. Rev. Stat. § 51:1402(8): 6 cases
Indest-Guidry, Ltd. v. Key Off. Equip., Inc., 997 So. 2d 796 (La. Ct. App. 2008). “R.S. 51:1402. Definitions (in pertinent part) As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them: (1) "Consumer" means any person who uses, purchases, or leases goods or services.”
Monroe Med. Clinic, Inc. v. Hosp. Corp. of Am., 622 So. 2d 760 (La. Ct. App. 1993). “" LSA-R.S. 51:1402(8) defines person as a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.”
A & W Sheet Metal, Inc. v. Berg Mech., Inc., 653 So. 2d 158 (La. Ct. App. 1995). “[2] Berg asserted that it was neither a business competitor of A & W nor was the bid process a "consumer transaction" within the meaning of LSA-R.S. 51:1402(3). However, neither of these elements was required for A & W to have a right of action against Berg.”
Roustabouts, Inc. v. Hamer, 447 So. 2d 543 (La. Ct. App. 1984). “Of importance is the fact that the term person is defined in LSA-R.S. 51:1402(8) to include corporations as well as natural persons.”
Huey T. Littleton Claims Serv., Inc. v. McGuffee, 497 So. 2d 790 (La. Ct. App. 1986).
La. Rev. Stat. § 51:1402(9): 10 cases
Rogers v. B-Real, L.L.C. (In Re Rogers), 391 B.R. 317 (Bankr. M.D. La. 2008). “R.S. 51:1402(9). 10 *327 Filing a proof of claim in a bankruptcy case cannot reasonably be construed as advertising, selling or distributing services or property within the meaning of section 1402(9).”
Newton v. Brenan, 166 So. 3d 285 (La. Ct. App. 2014).
A & W Sheet Metal, Inc. v. Berg Mech., Inc., 653 So. 2d 158 (La. Ct. App. 1995). “[2] Berg asserted that it was neither a business competitor of A & W nor was the bid process a "consumer transaction" within the meaning of LSA-R.S. 51:1402(3). However, neither of these elements was required for A & W to have a right of action against Berg.”
Haygood v. Dies, 127 So. 3d 1008 (La. Ct. App. 2013).
Webb v. Theriot, 704 So. 2d 1211 (La. Ct. App. 1997).
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