HF 1459

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:24am

A bill for an act
relating to civil actions; amending civil remedies for consumer protection violations;
amending Minnesota Statutes 2022, sections 8.31, subdivision 3a; 325F.69,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 8.31, subdivision 3a, is amended to read:

Subd. 3a.

Private remedies.

new text begin (a) new text end 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 court. The court may, as appropriate, enter a consent judgment or decree
without the finding of illegality. new text begin An action brought under this subdivision has a public
benefit and is in the public interest.
new text end

new text begin (b) new text end 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 August 1, 2023, and applies to causes
of action accruing on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, 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 statement or deceptive practice, new text begin including material omissions, new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to causes
of action accruing on or after that date.
new text end