Louisiana AG and CFPB Complaint Pack

LOUISIANA AG AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Consumer Information Sheet
2. Subject Company / Respondent Information
3. Narrative Statement of Facts
4. Form A — Louisiana AG Consumer Protection Section Complaint
5. Form B — CFPB Complaint
6. Document Inventory
7. Filing Checklist and Tracking Log
8. Coordination with Private Action
9. Louisiana Practice Notes
10. Sources and References

1. CONSUMER INFORMATION SHEET

2. SUBJECT COMPANY / RESPONDENT INFORMATION

3. NARRATIVE STATEMENT OF FACTS

3.1. Initial transaction or contact. On or about [__/__/____], [describe how consumer first interacted with company — purchase, account opening, loan application, debt-collection call, etc.].

3.2. Representations made. The company, through [employee name / channel], represented that [specific statements made — written and oral]. [Cite Exhibit __ for written representations.]

3.3. Conduct complained of. Beginning on or about [__/__/____], the company [describe specific conduct: false billing, undisclosed fee, harassing calls, refusal to honor warranty, identity-theft-related collection, deceptive advertising, unlicensed lending, breach-notification failure under La. R.S. § 51:3074, etc.].

3.4. Harm suffered. As a result, the consumer suffered [describe — out-of-pocket loss of $___, credit-report damage, hours lost, emotional distress, denial of credit, repossession, etc.].

3.5. Consumer's effort to resolve directly. On [__/__/____], the consumer [describe effort — call to customer service, certified letter, BBB complaint, etc.]. The company [response or non-response].

3.6. Resolution sought. The consumer requests [specific relief — refund of $___, account closure, deletion of credit-report tradeline, written apology and policy correction, equitable injunctive relief, etc.].

4. FORM A — LOUISIANA AG CONSUMER PROTECTION SECTION COMPLAINT

TO:

Office of the Attorney General

Consumer Protection Section

1885 N. Third Street

Baton Rouge, Louisiana 70802

Phone: (225) 326-6465

Toll-free Consumer Hotline: (800) 351-4889

Online filing: https://www.ag.louisiana.gov/Form/Consumer/Dispute

Web: https://ag.louisiana.gov | https://www.ag.louisiana.gov/Page/ConsumerDispute/

RE: Consumer Dispute — Alleged Violation of the Louisiana Unfair Trade Practices and Consumer Protection Law, La. R.S. § 51:1401 et seq.

To the Consumer Protection Section:

The undersigned consumer respectfully submits this complaint concerning unfair or deceptive practices by [ENTITY NAME] in violation of the Louisiana Unfair Trade Practices and Consumer Protection Law, La. R.S. § 51:1405. The facts are stated in Section 3 above and are incorporated here by reference.

4.1. Statutory Provisions Implicated

The conduct described in Section 3 violates, in whole or in part:

☐ La. R.S. § 51:1405(A) — Unfair or deceptive acts or practices in the conduct of any trade or commerce;

☐ La. R.S. § 51:1422 et seq. — Telephone Solicitation Relief Act / Do-Not-Call violations (where applicable);

☐ La. R.S. § 51:3071 et seq. — Failure to comply with Louisiana Database Security Breach Notification Law (where applicable);

☐ La. R.S. § 9:3501 et seq. — Louisiana Consumer Credit Law (where applicable);

☐ La. R.S. § 6:1081 et seq. — Louisiana Residential Mortgage Lending Act (where applicable);

☐ La. R.S. § 51:1421 et seq. — Home Solicitation Sales Act / cooling-off rights (where applicable);

☐ La. R.S. § 51:712 et seq. — Louisiana Securities Law (where applicable; coordinate with Office of Financial Institutions);

☐ La. R.S. § 14:67.16 — Criminal identity theft (where applicable; refer to local law enforcement);

☐ 15 U.S.C. § 1692 et seq. — Fair Debt Collection Practices Act (federal — referral basis);

☐ 15 U.S.C. § 1681 et seq. — Fair Credit Reporting Act (federal — referral basis);

☐ Other: [specify].

4.2. Relief Requested from the Section

The undersigned respectfully requests that the Consumer Protection Section:

a. Investigate the conduct described herein;

b. Issue a civil investigative demand or other process under La. R.S. § 51:1407(A) as appropriate;

c. Pursue enforcement under La. R.S. § 51:1407, including injunctive relief, restitution, restoration of money or property, disgorgement, and any other relief authorized by law;

d. Seek civil penalties of up to $5,000 per violation under La. R.S. § 51:1408 (and additional penalties for violations against persons aged 60 or older or persons with disabilities);

e. Coordinate, as appropriate, with the Federal Trade Commission, the Consumer Financial Protection Bureau, and other state attorneys general;

f. Assist in obtaining restitution to the consumer.

4.3. Authorizations and Acknowledgments

☐ I authorize the Consumer Protection Section to send a copy of this complaint and supporting documents to the company complained against and to communicate with the company on my behalf.

☐ I understand that the Consumer Protection Section does not represent me individually, does not provide legal advice, and cannot guarantee a particular outcome.

☐ I understand that the AG does not handle disputes regarding airlines, utility companies, insurance claims, elected or public officials, state or municipal agencies, child support, employer-employee issues, or licensed professionals (doctors, dentists, attorneys, etc.), and that those disputes must be directed to the appropriate Louisiana regulator.

☐ I have or have not previously filed a complaint regarding this matter with [BBB / FTC / CFPB / OFI / La. DOI / other agency] — explain: [__________].

☐ A lawsuit is or is not currently pending: [__________].

4.4. Attestation

I declare under penalty of perjury under the laws of the State of Louisiana that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

5. FORM B — CFPB COMPLAINT

TO:

Consumer Financial Protection Bureau

P.O. Box 2900

Clinton, IA 52733-2900

Online filing: https://www.consumerfinance.gov/complaint/

Phone: (855) 411-CFPB (2372) | TTY/TDD: (855) 729-CFPB (2372)

RE: Consumer Complaint Regarding [Product Type]

5.1. Product / Issue Selection

Select the product category that most closely matches the conduct (CFPB intake taxonomy):

☐ Debt collection

☐ Credit reporting / credit repair / other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Vehicle loan or lease

☐ Student loan

☐ Payday loan, title loan, or personal loan

☐ Money transfer, virtual currency, or money service

☐ Other financial service

5.2. Specific Issue (Sub-Issue)

[Describe — e.g., "Attempts to collect debt not owed", "Incorrect information on your report", "Trouble during payment process", etc.]

5.3. Statement of Facts

The facts in Section 3 above are incorporated here by reference.

5.4. Federal Statutes Implicated

☐ Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

☐ Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

☐ Truth in Lending Act, 15 U.S.C. § 1601 et seq. (Regulation Z)

☐ Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. (Regulation X)

☐ Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. (Regulation B)

☐ Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. (Regulation E)

☐ Consumer Financial Protection Act, 12 U.S.C. § 5481 et seq. (UDAAP)

☐ Other: [specify]

5.5. Resolution Requested

[Describe specific outcome — e.g., refund of $___, deletion of fraudulent tradeline, modification of loan, written acknowledgment of error, no further contact, written apology and corrective action]

5.6. Public-Database Consent

☐ I consent to publishing the narrative of my complaint in the CFPB Consumer Complaint Database (with personal identifiers removed).

☐ I do NOT consent.

5.7. Attestation

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

6. DOCUMENT INVENTORY

7. FILING CHECKLIST AND TRACKING LOG

8. COORDINATION WITH PRIVATE ACTION

8.1. Regulatory complaints do not toll private prescription / limitations periods. A pending Louisiana AG investigation or CFPB complaint does not stop the FDCPA one-year limitations clock or the LUTPA one-year liberative prescription. Counsel must independently calendar all private deadlines (La. R.S. § 51:1409(E); 15 U.S.C. § 1692k(d)).

8.2. AG petition-notice is mandatory at filing. When a private LUTPA action is filed, the plaintiff's attorney must mail a copy of the petition to the Louisiana Attorney General pursuant to La. R.S. § 51:1409(B). Although failure to do so does not affect plaintiff's rights, the practice is universal in Louisiana consumer litigation. The AG-complaint filing in Form A above is separate and does not satisfy this petition-notice requirement.

8.3. Trebling predicate. La. R.S. § 51:1409(A) authorizes treble damages only when the practice was "knowingly used, after being put on notice by the attorney general." Filing a Form A complaint with the AG that is then transmitted to the merchant supports the argument that the merchant was "on notice" by the AG; preserve all AG correspondence and any AG transmittal letters or company responses received through the AG's mediation process for use in subsequent litigation.

8.4. No representative actions under LUTPA. § 51:1409(A) prohibits private plaintiffs from suing in a representative capacity. Class actions are unavailable. If a pattern is suspected, urge the AG to bring a parens patriae enforcement action under § 51:1407.

8.5. Use of company responses. Responses obtained through the CFPB portal or AG referral are useful evidence in any subsequent litigation, particularly to demonstrate intent under § 51:1409(A) (knowing use after notice) and to defeat any later claim of lack of notice.

8.6. Mandatory arbitration risk. Many consumer-finance contracts contain pre-dispute mandatory arbitration clauses. CFPB and AG complaints are not "claims in court" and generally do not waive or trigger arbitration provisions, but private litigation may. Counsel should review the underlying contract before filing suit.

9. LOUISIANA PRACTICE NOTES

• AG office address. The Louisiana Attorney General's Consumer Protection Section is located at 1885 N. Third Street, Baton Rouge, LA 70802. The Consumer Hotline is (800) 351-4889; main line is (225) 326-6465. The online consumer-dispute portal is https://www.ag.louisiana.gov/Page/ConsumerDispute/. Confirm address and contact information before mailing — the AG occasionally relocates section offices.
• AG jurisdictional carve-outs. The Consumer Protection Section does NOT handle disputes about airlines (preempted by federal law); utility companies (Louisiana Public Service Commission); insurance claims (Louisiana Department of Insurance); elected or public officials (Inspector General, Ethics Board); state or municipal agencies (Inspector General, Civil Service); child support (Department of Children and Family Services); employer-employee disputes (Louisiana Workforce Commission, EEOC); and licensed professionals (relevant licensing board). Route those complaints to the correct regulator before filing with the AG to avoid delay.
• AG enforcement powers. Under La. R.S. § 51:1407, the AG may seek injunctive relief, restitution, disgorgement, and any other relief; under § 51:1408, civil penalties of up to $5,000 per violation are available, with additional civil penalties for violations against persons aged 60 or older or persons with disabilities. The AG may also issue civil investigative demands.
• LUTPA prescription is one year — and short. La. R.S. § 51:1409(E) imposes a one-year liberative prescription running from the act giving rise to the claim. The Louisiana Supreme Court in Miller v. Conagra, Inc., 991 So. 2d 445 (La. 2008), held the period is liberative (subject to interruption/suspension), not peremptive — but counsel should calendar conservatively from the earliest discoverable conduct.
• No representative actions. Private LUTPA actions must be brought "individually but not in a representative capacity." La. R.S. § 51:1409(A). Class actions are not available.
• AG petition-notice requirement. When filing a private LUTPA action, the plaintiff's attorney must mail a copy of the petition to the Louisiana Attorney General. La. R.S. § 51:1409(B).
• Cross-references — Louisiana regulators. Industry-specific complaints may be more efficiently routed to:
• Louisiana Office of Financial Institutions (state-chartered banks, mortgage lenders, money-service businesses, consumer-finance companies, debt collectors): https://www.ofi.la.gov
• Louisiana Department of Insurance (insurance disputes): https://ldi.la.gov
• Louisiana Public Service Commission (utilities, telecom): https://www.lpsc.louisiana.gov
• Louisiana Real Estate Commission (real estate brokers and salespersons): https://www.lrec.gov
• Louisiana State Board of Medical Examiners (physicians): https://www.lsbme.la.gov
• Louisiana Office of Inspector General (state agency / official misconduct): https://oig.louisiana.gov
• CFPB scope. CFPB jurisdiction covers banks, debt collectors, credit reporting agencies, mortgage companies, payday/installment lenders, money-service businesses, prepaid cards, and most consumer-finance providers, but generally NOT non-financial merchants or auto-dealer financing originated by a franchised dealer (carved out by Dodd-Frank § 1029).
• Whistleblower / pattern complaints. If the consumer's experience appears to reflect a broader pattern (multiple complainants, scripted misconduct, systemic billing errors), counsel should consider concurrent filings with the FTC (at ReportFraud.ftc.gov) and outreach to the Louisiana AG's parens patriae enforcement docket (the AG can sue on behalf of consumers under § 51:1407).
• Data-breach pattern complaints. If conduct involves a data breach, additionally invoke the Louisiana Database Security Breach Notification Law (La. R.S. § 51:3071 et seq.). The AG receives required breach notices under § 51:3074 and can audit compliance.
• Notarization. Louisiana notaries are commissioned for life by the Secretary of State. Most AG and CFPB complaints accept attestations under penalty of perjury without notarization, but a notarized affidavit may strengthen the file in any follow-on litigation.

10. SOURCES AND REFERENCES

• Louisiana AG Consumer Protection Section — https://www.ag.louisiana.gov/Page/ConsumerDispute/
• Louisiana AG online dispute form — https://www.ag.louisiana.gov/Form/Consumer/Dispute
• Louisiana Department of Justice — https://ag.louisiana.gov
• La. R.S. § 51:1401 et seq. (LUTPA) — https://legis.la.gov/legis/Law.aspx?d=104033
• La. R.S. § 51:1405 (Unlawful methods, acts, and practices)
• La. R.S. § 51:1407 (AG enforcement; injunctive authority; investigative demands)
• La. R.S. § 51:1408 (Civil penalties)
• La. R.S. § 51:1409 (Private right of action) — https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-51-sect-1409/
• La. R.S. § 51:3071 et seq. (Database Security Breach Notification Law) — https://legis.la.gov/Legis/Law.aspx?d=322027
• La. R.S. § 51:3074 (Notice timing; AG notice) — https://www.legis.la.gov/legis/Law.aspx?d=322030
• La. R.S. § 9:3501 et seq. (Louisiana Consumer Credit Law)
• Louisiana Office of Financial Institutions — https://www.ofi.la.gov
• Louisiana Department of Insurance — https://ldi.la.gov
• Louisiana Public Service Commission — https://www.lpsc.louisiana.gov
• CFPB consumer complaint portal — https://www.consumerfinance.gov/complaint/
• CFPB complaint database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud — https://reportfraud.ftc.gov
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1681 et seq. (FCRA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing a regulatory complaint is not a substitute for compliance with the petition-notice obligation of La. R.S. § 51:1409(B) and does not toll the one-year LUTPA prescription. An attorney licensed in Louisiana must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.