Deceptive trade practice laws in Louisiana

On Behalf of Dunlap Fiore, LLC |

Companies in Louisiana and elsewhere have to be careful in the way they conduct business. The owners of a business are expected to act in a certain way, and specific actions are looked down upon when they are carried out continuously by anyone within a company. Deceptive trade practices not only harm the people the company does business with, but also could harm the reputation and longevity of a business. Therefore, any accusations of unfair business practices or deceptive trade practices should be taken seriously.

Because competition often guides businesses to alter the way they do business, some companies might decide to take extreme measures to gain more business. While this could be legal in some cases, if these actions include acts such as misleading or making false claims, this is considered a deceptive trade practice.

Although marketing and advertising campaigns can assert grandiose claims about a product or service in order to gain business, these claims cannot be overly deceptive or flat out false. A false statement cannot be made to mislead and lure the public into purchasing a product or a service. Such an act is considered deceptive trade and could be penalized if uncovered, especially if consumers are harmed.

Louisiana law prohibits companies from advertising untrue or misleading information. If an individual has suffered due to this kind of advertising, the victim can file a business litigation claim against the business at issue. The remedies available are actual damages caused. Additionally, if the court determines that the company willfully violated the law, the violator must pay treble damages plus attorney and court fees. Injunctive relief and additional relief deemed necessary to compensate the individual are also available.

Those dealing with this or other business law issues should understand the details of the matter they are currently in. This will not only protect their rights but also the rights and interests of the company involved.

Source: FindLaw, “Louisiana Deceptive Trade Practices Laws,” accessed Oct. 16, 2016