1.1 	A bill for an act
1.2 	relating to consumer fraud; modifying private remedies; amending Minnesota 
1.3 	Statutes 2004, section 8.31, subdivision 3a, by adding a subdivision.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 8.31, subdivision 3a, is amended to read:
1.6 		Subd. 3a.Private remedies.  In addition to the remedies otherwise provided by law 
1.7 	and subject to subdivision 3b, any person injured by a violation of any of the laws referred 
1.8 	to in subdivision 1 may bring a civil action and recover damages, together with costs 
1.9 	and disbursements, including costs of investigation and reasonable attorney's fees, and 
1.10 	receive other equitable relief as determined by the court.  The court may, as appropriate, 
1.11 	enter a consent judgment or decree without the finding of illegality.  In any action brought 
1.12 	by the attorney general pursuant to this section, the court may award any of the remedies 
1.13 	allowable under this subdivision.

1.14 	Sec. 2. Minnesota Statutes 2004, section 8.31, is amended by adding a subdivision to 
1.15 	read:
1.16 		Subd. 3b.Private remedies for prevention of consumer fraud act and false 
1.17 	statement in advertisement act. Civil actions pursuant to subdivision 3a for violations 
1.18 	of the Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), or the False 
1.19 	Statement in Advertisement Act (section 325F.67), or other laws against false or 
1.20 	fraudulent advertising may be brought only by natural persons who purchase or lease 
1.21 	goods, services, or real estate for personal, family, or household purposes.  Each such 
1.22 	person seeking to recover damages for violations of these sections is required to prove on 
1.23 	an individual basis that the deceptive act or practice caused the person to enter into the 
2.1 	transaction that resulted in the damages.  No award of damages in an action covered by 
2.2 	this subdivision may be made without proof that the person seeking damages suffered an 
2.3 	actual out-of-pocket loss.  The term "out-of-pocket loss" means an amount of money equal 
2.4 	to the difference between the amount paid by the consumer for the good or service and the 
2.5 	actual market value of the good or service that the consumer actually received.  Any party 
2.6 	to an action for damages under this subdivision shall have the right to demand a jury trial.

2.7 	Sec. 3. REVISOR INSTRUCTION.
 2.8 	The revisor of statutes shall renumber Minnesota Statutes, section 8.31, subdivision 
2.9 	3b as subdivision 3c and subdivision 3c as subdivision 3d in Minnesota Statutes and 
2.10 	Minnesota Rules, and shall make all necessary reference changes.

2.11 	Sec. 4. EFFECTIVE DATE.
 2.12 	This act is effective July 1, 2005, and applies to all cases pending on or filed on or 
2.13 	after that date.