Everyone wants the best price. Buyers define this as the least they have to pay, while sellers define it as the most they can charge. This natural push and pull is understandable, but what if sellers start using misleading tactics or making false claims about their product?
Legally speaking, these are referred to as “deceptive trade practices†and can include anything from rolling back a used car’s odometer to mislabeling a food product. Lucky for those of us in the Bayou State, there are laws in place designed to protect citizens from shady sales tactics. Here is a brief overview of deceptive trade practice laws in Louisiana.
Deceptive Trade Practices Laws
Louisiana is one of the states that have adopted the Uniform Deceptive Trade Practices Act. The basics of deceptive trade practices laws in Louisiana are listed below.
| Uniform Deceptive Trade Practices Act Adopted | Yes Louisiana Revised Statutes 51:1401, et seq.: Unfair Trade Practices and Consumer Protection Law |
| False Advertising Forbidden | Yes Louisiana Revised Statutes 51:411: Advertisements, Untrue or Misleading, Prohibited |
| Who May Bring Suit | Attorney general (51:1404); individual who has suffered ascertainable loss (51:1409) |
| Remedies Available | Actual damages, and if willful, violator must pay treble damages plus attorneys fees and costs; injunctive relief (51:1407); additional relief as necessary to compensate (51:1408, 51:1409) |
| Auto Odometer Tampering Forbidden | Yes Louisiana Revised Statutes 32:726.1: Tampering With Odometers Misdemeanor with fine up to $500 and/or up to 90 days prison |
Protecting Yourself Against Deceptive Trade Practices
Keep in mind that while state laws prohibiting deceptive trade practices laws may provide some deterrent to business and a remedy after the fact, it’s up to consumers to avoid scams before they fall for them. To learn more about local scams, or to report a person or local business of engaging in deceptive business practices, you can contact a consumer protection office in your area.
Additionally, there are federal resources, like www.consumeraction.gov, and a number of nonprofits, like the Better Business Bureau at www.bbb.org and www.fraud.org, that can assist you with a consumer fraud complaint. These websites can help you fill out a fraud complaint online and file it with the appropriate local, state, and federal agencies.
Louisiana Deceptive Trade Practices Laws: Related Resources
Deceptive trade practices, and the laws meant to protect consumers, can be difficult to understand. You can visit FindLaw's Consumer Protection section for more resources and information on this topic. You can also contact a Louisiana consumer protection attorney if you would like legal assistance regarding a deceptive trade practices or a possible consumer fraud matter.
