SF 3537

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 09:24am

A bill for an act
relating to consumer protection; defining deceptive trade practices to include the
failure to disclose mandatory fees in advertising; amending Minnesota Statutes
2023 Supplement, section 325D.44, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 325D.44, subdivision 1, is
amended to read:

Subdivision 1.

Acts constituting.

A person engages in a deceptive trade practice when,
in the course of business, vocation, or occupation, the person:

(1) passes off goods or services as those of another;

(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship,
approval, or certification of goods or services;

(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection,
or association with, or certification by, another;

(4) uses deceptive representations or designations of geographic origin in connection
with goods or services;

(5) represents that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or quantities that they do not have or that a person has a
sponsorship, approval, status, affiliation, or connection that the person does not have;

(6) represents that goods are original or new if they are deteriorated, altered,
reconditioned, reclaimed, used, or secondhand;

(7) represents that goods or services are of a particular standard, quality, or grade, or
that goods are of a particular style or model, if they are of another;

(8) disparages the goods, services, or business of another by false or misleading
representation of fact;

(9) advertises goods or services with intent not to sell them as advertised;

(10) advertises goods or services with intent not to supply reasonably expectable public
demand, unless the advertisement discloses a limitation of quantity;

(11) makes false or misleading statements of fact concerning the reasons for, existence
of, or amounts of price reductions;

(12) in attempting to collect delinquent accounts, implies or suggests that health care
services will be withheld in an emergency situation;

(13) engages in (i) unfair methods of competition, or (ii) unfair or unconscionable acts
or practices; deleted text begin or
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(14) engages in any other conduct which similarly creates a likelihood of confusion or
of misunderstanding deleted text begin . deleted text end new text begin ; or
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new text begin (15) advertises, displays, or offers a price for goods or services that does not include all
mandatory fees or surcharges. For purposes of this clause, "mandatory fee" includes but is
not limited to a fee or surcharge that: (i) must be paid in order to purchase the goods or
services being advertised; (ii) is not reasonably avoidable by the consumer; or (iii) a
reasonable consumer would expect to be included in the purchase of the goods or services
being advertised. Mandatory fee does not include taxes imposed by a government entity.
new text end