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MN HF3052
Bill
Status
2/18/2010
Primary Sponsor
Jim Abeler
Click for details
AI Summary
HF3052 Summary
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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.
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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.
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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.
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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.
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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