NCJ Number
74841
Journal
Louisiana Law Review Volume: 34 Dated: (1974) Pages: 634-647
Date Published
1974
Length
14 pages
Annotation
The Louisiana Unfair Trade Practice and Consumer Protection Act is discussed.
Abstract
The 1972 act, which was modeled after the Federal Trade Commission Act, makes unlawful all unfair or deceptive trade practices or methods of competition. The act is designed to afford redress to any party such conduct harms, whether the injured claimant is categorized as a consumer or businessman. Two methods of attacking unlawful conduct are provided. The State can initiate action for injunctive relief against a party whose conduct is deemed to be an unfair trade practice, and the court, in such an action, can order that any injured party be returned to the status quo ante. In addition, a private cause of action may lead to the recovery of actual or treble damages, including attorney's fees and court costs. Unlawful conduct is not precisely defined in the act in order to allow a comprehensive attack on unfair trade practices. The primary responsibility of administering the act has been planed on the Governor's consumer protection division (CPD) and the consumer protection division of the attorney general's office (attorney general). The CPD administers the statute. One of its activities is to conduct public hearings to determine the existence of unlawful actions, to formulate rules and regulations to preclude future violations, and to clarify ambiguities in the act. The attorney general investigates violations (a power shared with the CPD) and institutes actions or injunctive relief in the name of the State. Furthermore, the act allows the district attorneys throughout the State to act in the same manner as the attorney general. Both the CPD and the attorney general must be notified when private actions are brought under the act. Footnotes with references are included.