HF 211

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/21/2011 04:04pm

A bill for an act
relating to civil actions; modifying remedies related to certain unlawful or
deceptive trade practice actions; permitting appeals of certain court orders related
to class actions; amending Minnesota Statutes 2010, section 8.31, subdivision 3a,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 540.

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

Section 1.

Minnesota Statutes 2010, 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 2010, 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, and False Statement in Advertisement Act. new text end

new text begin To recover damages
in a civil action 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), the False Statement in Advertisement Act (section 325F.67), or other laws
against false or fraudulent advertising, detrimental reliance upon the alleged deceptive,
false, or misleading act, practice, statement, or omission must be pleaded and proved. No
award of damages may be made in an action covered by this subdivision without proof
that the person or persons seeking damages suffered an out-of-pocket loss.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to actions that accrue on or after that date.
new text end

Sec. 3.

new text begin [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
new text end

new text begin A court order certifying a class action, refusing to certify a class action, or denying a
motion to decertify a class action is appealable as a matter of right. While an appeal under
this subdivision is pending, all discovery and other proceedings in the district court are
automatically stayed, except that upon the motion of a party the district court may lift the
stay, in whole or in part, for good cause shown.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to orders
issued on or after that date.
new text end