Law / United States / 
Louisiana
Unfair Trade Practices and Consumer Protection Law, private right of action for a breach-notice violation
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What follows is LexLint's own research summary of this law, not legal advice.
Commencement not set.
An enforcement supervision rule binding private bodies.
As of 2 September 2026.
What it requires
- Expect a violation of Louisiana's breach notification duty to be actionable by any affected Louisiana resident who suffers an ascertainable loss, for actual damages (trebled if knowing, after Attorney General notice) plus attorney fees and costs.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
No fixed per-person figure: the court awards actual damages, trebled to three times the actual damages sustained if the unfair or deceptive practice was used knowingly after the Attorney General gave notice, plus reasonable attorney fees and costs to the prevailing plaintiff. The action may be brought only individually, never in a representative or class capacity, and is subject to a one-year liberative prescription running from the transaction or act that gave rise to the right of action.
- As of
- 2 September 2026
Who enforces it
Enforcement body
Private civil action only under this Section; the plaintiff's attorney must mail a copy of the petition and any judgment or decree to the Attorney General, whose prior notice of the practice is also the trigger for treble damages, but the Attorney General does not independently prosecute a claim under this Section. Separate injunctive authority against the underlying unfair or deceptive practice sits with the Attorney General at R.S. 51:1407 and 1408.
What it reaches
Obligation class
Breach notice
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
R.S. 51:1409(A) lets any person who suffers an ascertainable loss from an unfair or deceptive practice declared unlawful by R.S. 51:1405 bring an individual action for actual damages, trebled if the practice was knowingly used after Attorney General notice, plus attorney fees and costs.
Because the Database Security Breach Notification Law's own deeming clause, R.S. 51:3074(J), routes a breach-notice violation into R.S. 51:1405(A) without excluding this section, a Louisiana resident harmed by a breach-notice violation can sue directly under this provision.
When LexLint raises it
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Read the law
official Louisiana Revised Statutes text, Louisiana State Legislature
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.