RS 1407 - Restraining prohibited acts
A. Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared by R.S. 51:1405 to be unlawful, he may bring an action for injunctive relief in the name of the state against such person to restrain and enjoin the use of such method, act, or practice. The action may be brought in the district court having civil jurisdiction in any parish in which such person resides, or is domiciled or has his principal place of business, or in any parish in which such person did business, or, with consent of the parties, may be brought in the district court of the parish where the state capitol is located. In the event these district courts are not operational due to a declared state of emergency, the action shall be brought in an operating judicial court located closest in geographic distance to the Nineteenth Judicial District Court in the parish of East Baton Rouge. In the event that such person was located outside of the state, but was soliciting in the state by mail, telephone, or any electronic communication, the action may be brought in the district court having civil jurisdiction in the parish in which the contact was made. It being against the public policy of the state of Louisiana to allow a contractual selection of venue or jurisdiction contrary to the provisions of the Louisiana Code of Civil Procedure, no provision of any contract which purports to waive these provisions of venue, or to waive or select venue or jurisdiction in advance of the filing of any civil action, may be enforced against any plaintiff in an action brought in these courts. These courts are authorized to issue temporary restraining orders or preliminary and permanent injunctions to restrain and enjoin violations of this Chapter, and such restraining orders or injunctions shall be issued without bond.
B. In addition to the remedies provided herein, the attorney general may request and the court may impose a civil penalty against any person found by the court to have engaged in any method, act, or practice in Louisiana declared to be unlawful under this Chapter. In the event the court finds the method, act, or practice to have been entered into with the intent to defraud, the court has the authority to impose a penalty not to exceed five thousand dollars for each violation.
C. In addition to any other civil penalty provided for in this Section, if a person is found by the court to have engaged in any method, act, or practice in Louisiana declared to be unlawful under this Chapter, and the violation was committed against an elder person or a person with a disability, as defined in this Section, the court may impose an additional civil penalty not to exceed five thousand dollars for each violation.
D. In determining whether to impose an enhanced civil penalty under this Section and the amount thereof, the court shall consider any of the following:
(1) Whether the defendant's conduct was in disregard of the rights of the elder person or person with a disability.
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability.
(3) Whether the elder person or person with a disability was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder person or person with a disability actually suffered physical, emotional, or economic damage resulting from the defendant's conduct.
(4) Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:
(a) Mental or emotional anguish.
(b) Loss or encumbrance upon a primary residence of the elder person or person with a disability.
(c) Loss of or encumbrance upon the principal employment or principal source of income of the elder person or person with a disability.
(d) Loss of funds received under a pension or retirement plan or a governmental benefits program.
(e) Loss of property set aside for retirement or for personal or family care and maintenance.
(f) Loss of assets essential to the health and welfare of the elder person or person with a disability.
(5) Any other factors the court deems appropriate.
E. An award of restitution under this Chapter has priority over a civil penalty imposed by the court under this Section.
Added by Acts 1972, No. 759, §1; Acts 1997, No. 943, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2006, No. 610, §1, eff. June 23, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014.