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La. Rev. Stat. § 51:1405 (2026)

Unfair acts or practices; interpretation and rulemaking authority

✓ current as of May 2026
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§1405. Unfair acts or practices; interpretation and rulemaking authority

            A. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

            B. The attorney general may make rules and regulations interpreting the provisions of this Chapter consistent with the provisions in R.S. 51:1 through 461.1. Such rules and regulations shall be adopted in the form and manner prescribed by the Administrative Procedure Act, R.S. 49:950 et seq. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the division is located or in the parish in which the plaintiff resides or is domiciled. Appeals may be had from any ruling of a district court in accordance with the Code of Civil Procedure, except that such appeals shall be given preference and heard in priority to other appeals.

            Added by Acts 1972, No. 759, §1. Amended by Acts 1977, No. 240, §1, eff. July 5, 1977; Acts 1980, No. 719, §1, eff. July 29, 1980; Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006.

Notes of Decisions
Cited in 396 cases (103 in the last 5 years), 1974–2026 · leading case: Cheramie Servs., Inc. v. Shell Deepwater Prod., Inc., 35 So. 3d 1053 (La. 2010).
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Cheramie Servs., Inc. v. Shell Deepwater Prod., Inc., 35 So. 3d 1053 (La. 2010). · cites it 10× “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…”
State v. Astra Zeneca AB, 249 So. 3d 38 (La. Ct. App. 2018). · cites it 4× “Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared by R.S. 51:1405 to be unlawful, he may bring an action for injunctive relief in the name of the state against such person to restrain…”
Green v. Garcia-Victor, 248 So. 3d 449 (La. Ct. App. 2018). · cites it 4× “51:1409(A) provides, in pertinent part: 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.…”
IberiaBank v. Darryl Broussard, 907 F.3d 826 (5th Cir. 2018). · cites it 2× “Conceding that the trial court did not commit any specific factual errors, IberiaBank nonetheless argues that the trial court applied an incorrect standard of law.”
Thibaut v. Thibaut, 607 So. 2d 587 (La. Ct. App. 1992). · cites it 6× “R.S. 51:1405 declares that "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce" are unlawful.”
State Ex Rel. Guste v. Gen. Motors Corp., 370 So. 2d 477 (La. 1979). · cites it 5× “51:1409 provides: "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…”
State v. Teva Pharm. Indus., Ltd., 242 So. 3d 597 (La. Ct. App. 2018). · cites it 4× “R.S. 51:1405. Louisiana Revised Statute 51:1407(A) provides that whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared to be unlawful under La.”
Guillory v. Broussard, 190 So. 3d 486 (La. Ct. App. 2016). · cites it 6× “R.S. 51:1405. Ms. Guillory argues that, “trade” or “commerce,” as defined in La.”
McFadden v. Imp. One, Inc., 56 So. 3d 1212 (La. Ct. App. 2011). · cites it 4× “JR.S. 51:1405 may bring an action individually but not in a representative capacity to recover actual damages.”
Monroe v. McDaniel, 207 So. 3d 1172 (La. Ct. App. 2016). · cites it 2× “R.S. 51:1405. A right of action is afforded to “[a]ny 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…”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). · cites it 2× “R.S. 51:1405(A). Louisiana Revised Statute 51:1409(A) grants a private right of action to “[a]ny person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal” as a result of a violation of LUTPA to recover actual damages and, if such damages…”
Moore v. Goodyear Tire & Rubber Co., 364 So. 2d 630 (La. Ct. App. 1978). · cites it 4× “51:1409(A) provides: "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…”
Show all 396 citing cases →
La. Rev. Stat. § 51:1405(A): 168 cases
Cheramie Servs., Inc. v. Shell Deepwater Prod., Inc., 35 So. 3d 1053 (La. 2010). “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…”
IberiaBank v. Darryl Broussard, 907 F.3d 826 (5th Cir. 2018). “Conceding that the trial court did not commit any specific factual errors, IberiaBank nonetheless argues that the trial court applied an incorrect standard of law.”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). “R.S. 51:1405(A). Louisiana Revised Statute 51:1409(A) grants a private right of action to “[a]ny person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal” as a result of a violation of LUTPA to recover actual damages and, if such damages…”
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016).
Guillory v. Broussard, 190 So. 3d 486 (La. Ct. App. 2016). “R.S. 51:1405. Ms. Guillory argues that, “trade” or “commerce,” as defined in La.”
La. Rev. Stat. § 51:1405(B): 1 case
Military-Vets. Advocacy, Inc. v. Landry (M.D. La. 2025).
La. Rev. Stat. § 51:1405(a): 5 cases
Clary v. State Farm Mut. Auto. Ins. Co., 204 So. 3d 1102 (La. Ct. App. 2016).
Robin v. Binion, 469 F. Supp. 2d 375 (W.D. La. 2007).
Morales v. New Orleans City (E.D. La. 2023).
Sterling Auto. Grp. Inc v. Ramayo (W.D. La. 2020).
Landry v. Legacy Hous. Corp (W.D. La. 2021).
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