Law note · Louisiana
Unfair Trade Practices and Consumer Protection Law, private right of action for a breach-notice violation
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.
What it asks of an app
- 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.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Louisiana Revised Statutes text, Louisiana State Legislature