SF 3272

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer fraud; modifying private remedies; amending Minnesota
Statutes 2004, section 8.31, subdivision 3a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, 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 3b 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.

Sec. 2.

Minnesota Statutes 2004, section 8.31, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Private remedies for prevention of consumer fraud act and false
statement in advertisement act. new text end

new text begin Civil actions pursuant to subdivision 3a for violations
of the Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), or the False
Statement in Advertisement Act (section 325F.67), or other laws against false or
fraudulent advertising may be brought only by natural persons who purchase or lease
goods, services, or real estate for personal, family, or household purposes. Each such
person seeking to recover damages for violations of these sections is required to prove on
an individual basis that the deceptive act or practice caused the person to enter into the
transaction that resulted in the damages. No award of damages in an action covered by
this subdivision may be made without proof that the person seeking damages suffered an
actual out-of-pocket loss. The term "out-of-pocket loss" means an amount of money equal
to the difference between the amount paid by the consumer for the good or service and the
actual market value of the good or service that the consumer actually received. Any party
to an action for damages under this subdivision shall have the right to demand a jury trial.
new text end

Sec. 3. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 8.31, subdivision
3b as subdivision 3c and subdivision 3c as subdivision 3d in Minnesota Statutes and
Minnesota Rules, and shall make all necessary reference changes.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2005, and applies to all cases pending on or filed on or
after that date. new text end