Louisiana § RS 10:9-625 - Remedies for secured party's failure to comply with Chapter

§ RS 10:9-625. Remedies for secured party's failure to comply with Chapter

(a)  Judicial orders concerning noncompliance.  If it is established that a secured party is not proceeding in accordance with this Chapter, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.

(b)  Damages for noncompliance.  Subject to Subsections (c), (d), and (f), a person is liable for actual damages in the amount of any loss caused by a failure to comply with this Chapter.  Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.  Punitive or exemplary damages may not be recovered under this Chapter.

(c)  Persons entitled to recover damages.  Except as otherwise provided in R.S. 10:9-628:

(1)  a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or lien on the collateral may recover actual damages individually but not in a representative capacity in a class action proceeding under Subsection (b) for its loss.

(2)  [Reserved.]

(d)  Recovery when deficiency eliminated or reduced.  A debtor whose deficiency is eliminated under R.S. 10:9-626 may recover damages for the loss of any surplus.  However, a debtor or secondary obligor whose deficiency is eliminated or reduced under R.S. 10:9-626 may not otherwise recover under Subsection (b) for noncompliance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance.

(e)  Statutory damages: noncompliance with specified provisions.  In addition to any actual damages recoverable under Subsection (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars in each case from a person that:

(1)  fails to comply with R.S. 10:9-208;

(2)  fails to comply with R.S. 10:9-209;

(3)  files a record that the person is not entitled to file under  R.S. 10:9-509(a);

(4)  fails to cause the secured party of record to file or send a termination statement as required by  R.S. 10:9-513(a) within the time specified by R.S. 10:9-513(b)(2), or as required by R.S. 10:9-513(c);

(5)  fails to comply with  R.S. 10:9-616(b)(1) within the time specified by R.S. 10:9-616(b)(1)(B), or fails to comply with R.S. 10:9-620(h), and in either case whose failure is part of a pattern, or consistent with a practice, of noncompliance; or

(6)  fails to comply with  R.S. 10:9-616(b)(2).

(f)  Statutory damages:  noncompliance with R.S. 10:9-210.  A debtor or consumer obligor may recover actual damages under Subsection (b) and, in addition, five hundred dollars in each case from a person that, without reasonable cause, fails to comply with a request under R.S. 10:9-210.  A recipient of a request under R.S. 10:9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that Section has a reasonable excuse for failure to comply with the request within the meaning of this Subsection.

(g)  Limitation of security interest:  noncompliance with R.S. 10:9-210.  If a secured party fails to comply with a request regarding a list of collateral or a statement of account under R.S. 10:9-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Acts 2001, No. 128, §1, eff. July 1, 2001.