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MN HF3560

Bill

Status

Introduced

3/9/2010

Primary Sponsor

Paul Kohls

Click for details

Origin

House of Representatives

86th Legislature 2009-2010

AI Summary

  • Amends Minnesota Statutes 2008, section 8.31, subdivision 3a to allow injured persons to bring civil actions for violations of unlawful business practice laws and recover damages, costs of investigation, reasonable attorney's fees, and equitable relief as determined by court.

  • Courts may enter consent judgments or decrees without finding illegality in actions brought under this provision.

  • Restricts civil actions for violations of the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), and False Statement in Advertisement Act (section 325F.67) to natural persons who purchase or lease goods, services, or real estate for personal, family, or household purposes.

  • Requires individuals seeking damages to prove on an individual basis that the deceptive act or practice caused them to enter into the transaction resulting in damages.

  • Prohibits damage awards without proof of actual out-of-pocket loss, defined as the difference between the amount paid and the actual market value of the good or service received.

Legislative Description

Violations of unlawful business practice statutes private remedies limited.

Last Action

House: Introduction and first reading, referred to Civil Justice

3/9/2010

Full Bill Text

No bill text available