Home / Advice / Louisiana Unfair Trade Practices Act (LUTPA) Against Predatory Private Towers
consumer protectionUnited States · Louisiana (Statewide)Difficulty: Medium

Louisiana Unfair Trade Practices Act (LUTPA) Against Predatory Private Towers

The Louisiana Unfair Trade Practices and Consumer Protection Law (La. R.S. §51:1401 et seq.) prohibits 'unfair or deceptive acts or practices in the conduct of any trade or commerce.' LUTPA is among the most plaintiff-friendly consumer protection statutes in the U.S. — it allows treble damages and attorney's fees (La. R.S. §51:1409). Private towers who hook vehicles before signage requirements are met, who refuse to drop a vehicle for the statutory drop fee (La. R.S. §32:1736), or who charge above PSC-approved rates can be sued under LUTPA in addition to delictual claims under La. C.C. art. 2315.

Legal basis

La. R.S. §51:1401–1428 (LUTPA); La. R.S. §51:1409 (treble damages, attorney's fees); La. R.S. §32:1736

Sample appeal wording

[TOWING_COMPANY] [ADDRESS] Re: Vehicle [PLATE] – Tow on [DATE] DEMAND UNDER LOUISIANA UNFAIR TRADE PRACTICES ACT (LUTPA) This letter is formal demand under La. R.S. §51:1401 et seq. Your conduct in towing my vehicle constituted an unfair and/or deceptive trade practice for the following reasons: [LIST: e.g., "hooked before required signage was posted," "charged $X above PSC-approved rate," "refused statutory drop fee under La. R.S. §32:1736 when I arrived before the truck departed the lot," "failed to issue itemised receipt"]. I demand within 30 days: 1. Refund of $[X]; 2. Confirmation in writing that no adverse credit reporting will follow; 3. Compensation for [transportation costs / lost wages] of $[Y]. If you fail to comply, I will file suit under LUTPA seeking actual damages, TREBLE DAMAGES (La. R.S. §51:1409(A)), and ATTORNEY'S FEES, plus a complaint to the Louisiana Attorney General's Public Protection Division and the Louisiana Public Service Commission. This letter shall serve as formal notice for purposes of any treble-damage award. [NAME] | [ADDRESS] | [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • La. R.S. §51:1401–1428
  • La. R.S. §51:1409
  • La. R.S. §32:1736
  • LA Attorney General Public Protection Division

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