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MN HF3052

Bill

Status

Introduced

2/18/2010

Primary Sponsor

Jim Abeler

Click for details

Origin

House of Representatives

86th Legislature 2009-2010

AI Summary

HF3052 Summary

  • Establishes the "Minnesota Nonrecourse Presettlement Funding Act" effective January 1, 2011, regulating nonrecourse presettlement funding transactions where companies purchase rights to potential proceeds from pending civil claims.

  • Requires presettlement funding companies to register with the commissioner of commerce, with initial registration fee of $1,000 and $500 annually; registrants must provide contact information, executive officers, administrators, and proposed contracts.

  • Mandates contracts include specific disclosures in 12-point bold type: total funding amount, itemized fees, repayment schedule over 36 months in six-month intervals, and annual percentage rate with compounding frequency.

  • Requires five-day cancellation rights for consumers with full refund capability through uncashed check delivery or certified mail return; contracts must include prominent disclaimers that funding company makes no decisions regarding the underlying claim and that funds cannot be used for litigation costs.

  • Prohibits presettlement funding companies from paying commissions or referral fees to attorneys, medical providers, or physical therapists; companies cannot advertise false information and must maintain accurate records for at least two years after contract completion.

Legislative Description

Nonrecourse presettlement funding transactions regulated.

Last Action

House: Second reading

3/15/2010

Full Bill Text

No bill text available