La. Stat. Ann. § R.S. 51:1409
Private actions
Operative Text
§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.
La. R.S. § 51:1409 establishes a private right of action for individuals who suffer a measurable financial loss due to another party's unfair or deceptive trade practice prohibited under Louisiana law. A court may award actual damages, and if the offending conduct was knowingly continued after notice from the attorney general, the court may triple those damages. The prevailing plaintiff may also recover attorney fees and costs, though a defendant may recover fees if the court finds the claim was groundless and brought in bad faith or for harassment. Claims under this provision must be filed within one year of the transaction or act that gave rise to the loss.
Plain English — not legal advice.
Property owners and managers operating in Louisiana should be aware that La. R.S. § 51:1409 allows individuals harmed by unfair or deceptive practices to sue for actual damages—and potentially triple damages if the conduct continued knowingly after the attorney general provided notice. Compliant operators generally avoid any methods, acts, or practices declared unlawful under R.S. 51:1405, maintain clear and honest communications with tenants, and respond promptly to any regulatory notices. Operators who have previously been enjoined or entered a voluntary compliance agreement should understand that such prior findings can serve as prima facie evidence in a subsequent private lawsuit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under La. R.S. § 51:1409, Louisiana tenants who suffer a measurable financial loss from an unfair or deceptive practice by a landlord or other party may file an individual lawsuit seeking actual damages, and potentially triple damages if the conduct was knowingly continued after the attorney general issued notice. If damages are awarded, the court may also require the opposing party to pay the tenant's reasonable attorney fees and costs. Tenants considering this path should note the one-year prescriptive period from the date of the transaction or act, and may wish to consult a tenant-rights organization or attorney to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes cited by this regulation
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