HF 3560

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:35am

A bill for an act
relating to civil actions; limiting private remedies for violations of certain
unlawful business practices statutes; amending Minnesota Statutes 2008, section
8.31, subdivision 3a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 8.31, subdivision 3a, is amended to read:

Subd. 3a.

Private remedies.

In addition to the remedies otherwise provided by law new text begin
and subject to subdivision 3d new text end , 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 court. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 8.31, is amended by adding a subdivision to
read:

new text begin Subd. 3d. new text end

new text begin Private remedies for Unlawful Trade Practices Act, Prevention of
Consumer Fraud Act, False Statement in Advertisement Act. new text end

new text begin Civil actions pursuant to
subdivision 3a 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), or the False
Statement in Advertisement Act (section 325F.67) or other laws against false or fraudulent
advertising may be brought only by natural persons who purchase or lease goods, services,
or real estate for personal, family, or household purposes. Each such person seeking to
recover damages for violations of these sections, either in an individual action, a class
action, or any other type of action, is required to plead and prove on an individual basis
that the deceptive act or practice caused the person to enter into the transaction that
resulted in the damages. No award of damages in an action covered by this subdivision
may be made without proof that the person or persons seeking damages suffered an actual
out-of-pocket loss. The term "out-of-pocket loss" means an amount of money equal to the
difference between the amount paid by the consumer for the good or service and the actual
market value of the good or service that the consumer actually received.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end