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La. Rev. Stat. § 51:1409 (2026)

Private actions

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§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.

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

Notes of Decisions
Cited in 356 cases (92 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 14× “Entitled "Private actions," LSA-R.S. 51:1409 provides, in pertinent part: A.”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). · cites it 8× “R.S. 51:1409 et seq. In conclusion, Deca and Callaway prayed for judgment against the Bihm parties, jointly, severally, and in solido, awarding damages, including attorney fees, costs, expert witness fees, and interest, and any further relief the court deemed necessary and…”
McFadden v. Imp. One, Inc., 56 So. 3d 1212 (La. Ct. App. 2011). · cites it 13× “R.S. 51:1409. Sanchez, 34 So.3d 1047 . Louisiana Revised Statutes 51:1409(A) states, 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…”
Checkpoint Fluidic Sys. Int'l, Ltd. v. Guccione, 888 F. Supp. 2d 780 (E.D. La. 2012). · cites it 14× “44 But, LUTPA’s limitations period runs from the time of the act that gives rise to the cause of action, La.Rev.Stat. § 51:1409(E), not from the time a party became aware of the wrongful act.”
Miller v. Conagra, Inc., 991 So. 2d 445 (La. 2008). · cites it 9× “LSA — R.S. 51:1409, the statute creating a private action under LUTPA, states in subparagraph (E), "The action provided by this section shall be prescribed by one year running from the time of the transaction or act which gave rise to this right of action.”
Green v. Garcia-Victor, 248 So. 3d 449 (La. Ct. App. 2018). · cites it 5× “R.S. 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.”
Thibaut v. Thibaut, 607 So. 2d 587 (La. Ct. App. 1992). · cites it 10× “R.S. 51:1409 provides that "any person who suffers any ascertainable loss of money or movable property, corporeal, as a result of the use or employment by another person of an unfair or deceptive method, act or practice declared unlawful by R.”
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). · cites it 4× “” La. Rev. Stat. § 51:1409(A). There is a one year prescriptive period to bring an action under LUTPA, commencing from the time of the transaction or act which gave rise to the right of action.”
Mazza v. Am. Honda Motor Co., 666 F.3d 581 (9th Cir. 2012). · cites it 2× “La.Rev.Stat. Ann. § 51:1409(A) (2008); Ga.”
Fagan v. Lawrence Nathan Assocs., Inc., 957 F. Supp. 2d 784 (E.D. La. 2013). · cites it 10× “La.Rev.Stat. § 51:1409(A); Roustabouts, Inc.”
State ex rel. Guste v. Gen. Motors Corp., 370 So. 2d 477 (La. 1979). · cites it 6× “LSA-R.S. 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.”
State v. Teva Pharm. Indus., Ltd., 242 So. 3d 597 (La. Ct. App. 2018). · cites it 5× “R.S. 51:1409, a private right of action, and denying in part defendants' exceptions with respect to the LUTPA claims brought pursuant to La.”
Show all 356 citing cases →
La. Rev. Stat. § 51:1409(A): 159 cases
Cheramie Servs., Inc. v. Shell Deepwater Prod., Inc., 35 So. 3d 1053 (La. 2010). “Entitled "Private actions," LSA-R.S. 51:1409 provides, in pertinent part: A.”
Green v. Garcia-Victor, 248 So. 3d 449 (La. Ct. App. 2018). “R.S. 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.”
McFadden v. Imp. One, Inc., 56 So. 3d 1212 (La. Ct. App. 2011). “R.S. 51:1409. Sanchez, 34 So.3d 1047 . Louisiana Revised Statutes 51:1409(A) states, 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…”
Mazza v. Am. Honda Motor Co., 666 F.3d 581 (9th Cir. 2012). “La.Rev.Stat. Ann. § 51:1409(A) (2008); Ga.”
Fagan v. Lawrence Nathan Assocs., Inc., 957 F. Supp. 2d 784 (E.D. La. 2013). “La.Rev.Stat. § 51:1409(A); Roustabouts, Inc.”
La. Rev. Stat. § 51:1409(B): 2 cases
Laurents v. Louisiana Mobile Homes, Inc., 689 So. 2d 536 (La. Ct. App. 1997).
Win Oil Co. v. UPG, INC., 509 So. 2d 1023 (La. Ct. App. 1987).
La. Rev. Stat. § 51:1409(E): 67 cases
Checkpoint Fluidic Sys. Int'l, Ltd. v. Guccione, 888 F. Supp. 2d 780 (E.D. La. 2012). “44 But, LUTPA’s limitations period runs from the time of the act that gives rise to the cause of action, La.Rev.Stat. § 51:1409(E), not from the time a party became aware of the wrongful act.”
Bihm v. Deca Sys., Inc., 226 So. 3d 466 (La. Ct. App. 2017). “R.S. 51:1409 et seq. In conclusion, Deca and Callaway prayed for judgment against the Bihm parties, jointly, severally, and in solido, awarding damages, including attorney fees, costs, expert witness fees, and interest, and any further relief the court deemed necessary and…”
Miller v. Conagra, Inc., 991 So. 2d 445 (La. 2008). “LSA — R.S. 51:1409, the statute creating a private action under LUTPA, states in subparagraph (E), "The action provided by this section shall be prescribed by one year running from the time of the transaction or act which gave rise to this right of action.”
First Am. Bankcard, Inc. v. Smart Bus. Tech., Inc., 178 F. Supp. 3d 390 (E.D. La. 2016). “” La. Rev. Stat. § 51:1409(A). There is a one year prescriptive period to bring an action under LUTPA, commencing from the time of the transaction or act which gave rise to the right of action.”
Congregation of the Immaculate Conception Roman Catholic Church of the Par. of Calcasieu v. Sam Istre Constr., Inc., 253 So. 3d 196 (La. Ct. App. 2018).
La. Rev. Stat. § 51:1409(a): 2 cases
In re AT & T Mobility Wireless Data Servs. Sales Tax Litig., 789 F. Supp. 2d 935 (N.D. Ill. 2011).
All Green Corp v. Wesley, No. 5:20-cv-00121 (W.D. La. Jan. 29, 2021).
La. Rev. Stat. § 51:1409(e): 3 cases
In re Vioxx Prods. Liab. Litig., 522 F. Supp. 2d 799 (E.D. La. 2007).
In re African-Am. Slave Descendants Litig., 304 F. Supp. 2d 1027 (N.D. Ill. 2004).
In re African-Am. Slave Descendants Litig., 375 F. Supp. 2d 721 (N.D. Ill. 2005).
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