HF 1352

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to consumer protection; regulating sales of 
  1.3             goods and services to adults not yet 21 years of age; 
  1.4             providing for the voidability of contracts for certain 
  1.5             reasons; providing enforcement; proposing coding for 
  1.6             new law in Minnesota Statutes, chapter 325G. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [325G.55] [SALES TO ADULTS NOT YET 21 YEARS OF 
  1.9   AGE.] 
  1.10     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.11     (1) "buyer" means an adult who is not yet 21 years of age 
  1.12  who gives a consideration for the use of goods or services; 
  1.13     (2) "consumer contract" means an enforceable agreement for 
  1.14  the sale, lease, or rental of goods or services primarily for 
  1.15  personal, family, or household purposes and not for agricultural 
  1.16  purposes; 
  1.17     (3) "seller" means a person who regularly sells goods or 
  1.18  services primarily for personal, family, or household purposes 
  1.19  and not for agricultural purposes. 
  1.20     Subd. 2.  [VOIDABILITY OF CONTRACTS.] (a) A consumer 
  1.21  contract is voidable at the option of the buyer if it can be 
  1.22  shown that at the time of entering into the contract, the buyer 
  1.23  could not have reasonably been expected to perform on the 
  1.24  contract, or that the buyer could not possibly have used the 
  1.25  goods or services described in the contract. 
  1.26     (b) a consumer contract for the sale of services is 
  2.1   voidable at the option of the buyer when the service is no 
  2.2   longer available to the buyer because the buyer has relocated, 
  2.3   becomes disabled and is unable to use the service, or begins 
  2.4   military service. 
  2.5      Subd. 3.  [SUITABILITY OF GOODS AND SERVICES.] Before a 
  2.6   consumer contract is entered into, the seller must have 
  2.7   reasonable grounds for believing that the goods or services are 
  2.8   suitable for the buyer and must make reasonable inquiries to 
  2.9   determine suitability.  Suitability must be determined by 
  2.10  reference to the totality of the buyer's circumstances, 
  2.11  including the buyer's financial resources. 
  2.12     Subd. 4.  [ENFORCEMENT.] A seller who violates this section 
  2.13  is subject to the penalties and remedies under section 8.31, 
  2.14  including a private right of action.