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HF 3710

as introduced - 86th Legislature (2009 - 2010) Posted on 03/18/2010 09:29am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2

A bill for an act
relating to consumer protection; regulating consumer contracts; imposing certain
language requests; providing remedies; amending Minnesota Statutes 2008,
section 325G.31.

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

Section 1.

Minnesota Statutes 2008, section 325G.31, is amended to read:


325G.31 deleted text beginPLAINdeleted text end LANGUAGE deleted text beginREQUIREDdeleted text endnew text begin REQUIREMENTSnew text end.

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin(a) new text endExcept as provided in section 325G.32, every
consumer contract deleted text beginshalldeleted text endnew text begin mustnew text end be written in a clear and coherent manner using words with
common and everyday meanings and deleted text beginshalldeleted text endnew text begin mustnew text end be appropriately divided and captioned
by its various sections.

new text begin (b) If, in the course of entering into a consumer contract, a person negotiates with
the consumer in a language other than English, the consumer contract entered into must be
written in the language used by the parties during the negotiations.
new text end

new text begin Subd. 2. new text end

new text begin Remedies. new text end

new text begin (a) A contract that contains a material violation of subdivision
1, paragraph (b), is voidable by the consumer.
new text end

new text begin (b) A person who commits a material violation of subdivision 1, paragraph (b), is
liable to the consumer for:
new text end

new text begin (1) actual, incidental, and consequential damages;
new text end

new text begin (2) statutory damages of $500; and
new text end

new text begin (3) reasonable attorney fees, costs, and disbursements.
new text end

new text begin (c) A person who knowingly commits a material violation of subdivision 1,
paragraph (b), is liable to the consumer for treble damages and statutory damages of
$2,500.
new text end

new text begin For the purposes of this subdivision, "person" means an individual, partnership,
corporation, or other business or legal entity.
new text end