NCJ Number
74842
Journal
Tulane Law Review Volume: 50 Dated: (1976) Pages: 375-396
Date Published
1976
Length
22 pages
Annotation
This comment explores the workings of Louisiana's consumer protection law and related legislation and identifies present problems.
Abstract
The operational section of the 1972 Unfair Trade Practices and Consumer Protection Law declares that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. The Governor's office of consumer protection was established to administer and interpret the act; and the attorney general, the district attorneys, and their assistants are also granted administrative authority. Sections provide that the attorney general and the Governor's office may accept assurances of voluntary compliance from any person who has engaged in or was about to engage in an illegal act and that violations of the act can be enjoined. Furthermore, the court may award restitution to aggrieved parties; and injured consumers may institute private actions and, if successful, receive attorneys' fees and damage awards, which may be treble in those cases where the offending party has already been placed on notice of probable previous violations. Other consumer-oriented legislation in the State includes regulations in the fields of insurance and credit: the Consumer Credit Law of 1972 is one of the most stringent. In the 3 years after the Consumer Protection Law was passed, protection for the consumer became widespread and much more effective. The establishment of new consumer offices and the State's growing use of injunctive relief are directly attributable to the act. However, for economic and manpower reasons, government agencies charged with enforcing the act were unable to serve the needs of all consumers. Only a small number of the State's district attorneys had taken advantage of their authority under the act. Increased parish-based consumer protection efforts on their part could foster respect and support for local law enforcement. Efforts to educate the public about the act's provisions are recommended. Footnotes with references are included.