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HF 54

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/28/2013 12:24pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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A bill for an act
 relating to consumer protection; regulating consumer fraud; amending Minnesota
Statutes 2012, sections 8.31, subdivision 3a; 325F.69, subdivision 1, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 8.31, subdivision 3a, is amended to read:


Subd. 3a.

Private remedies.

In addition to the remedies otherwise provided by law,
any person injured by a violation of any of the laws referred to in subdivision 1 may bring
a civil action and recover damages, together with costs and disbursements, including
costs of investigation and reasonable attorney's fees, and receive other equitable relief as
determined by the courtnew text begin , including relief and penalties referred to in subdivision 3new text end . The
court may, as appropriate, enter a consent judgment or decree without the finding of
illegality. In any action brought by the attorney general pursuant to this section, the court
may award any of the remedies allowable under this subdivision.

Sec. 2.

Minnesota Statutes 2012, section 325F.69, subdivision 1, is amended to read:


Subdivision 1.

Fraud, misrepresentation, deceptive practices.

The act, use, or
employment by any person of any fraud, false pretense, false promise, misrepresentation,
misleading statementnew text begin , new text end or deceptivenew text begin , unfair, illegally discriminatory, or unlawfulnew text end practice,
with the intent that others rely thereon in connection with the sale of any merchandise,
whether or not any person has in fact been misled, deceived, or damaged thereby, is
enjoinable as provided in section 325F.70.

Sec. 3.

Minnesota Statutes 2012, section 325F.69, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Private action. new text end

new text begin A private action alleging a violation of this section is in
the public interest and benefits the public.
 new text end