Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 205-S.F.No. 153 
           An act relating to consumer protection; requiring cash 
          refunds for goods returned on certain retail sales; 
          providing enforcement; proposing coding for new law in 
          Minnesota Statutes, chapter 325F. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325F.80] [RETAIL SALES OF CONSUMER GOODS; 
REFUNDS.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this 
section, the following terms have the meanings given them under 
this subdivision:  
    (1) "consumer" means a natural person who buys goods for 
personal, family, or household purposes and not for commercial, 
agricultural, or business purposes; 
    (2) "seller" means a person who regularly sells goods at 
retail to consumers; 
    (3) "acceptable" means that the goods returned are in a 
condition acceptable to the seller using reasonable and 
objective standards, the goods are returned within a reasonable 
time from the date of purchase, and proof of purchase is 
presented by the consumer at time of return; 
    (4) "cash refund" means the seller provides the consumer 
cash at the time of the return; or the seller mails a check to 
the consumer within a reasonable time following return; or, for 
sales involving financial transaction cards, as defined in 
section 325G.02, subdivision 2, or sales in which the seller 
extends credit to the consumer, the seller credits the account 
that was charged. 
    Subd. 2.  [CASH REFUNDS REQUIRED.] A seller may not refuse 
to give a cash refund to a consumer for goods that are 
acceptable for return unless the seller complies with 
subdivision 3.  
    Subd. 3.  [NOTICE OF REFUND POLICY.] If a seller wishes to 
alter the cash refund policy required by this section, written 
notice of the seller's cash refund policy must be clearly and 
conspicuously displayed on the premises.  The notice must be 
written in boldface type of a minimum size of 14 points.  
    Subd. 4.  [NONAPPLICATION.] This section does not apply to 
home solicitation sales, as defined in section 325G.06, goods 
custom ordered or special ordered by the consumer, sellers 
licensed under section 168.27, or sales that are subject to a 
written agreement or contract under the uniform commercial code. 
    Subd. 5.  [VIOLATION.] A seller who violates this section 
is subject to the remedies under section 8.31, except that a 
civil penalty imposed under that section may not exceed $500 per 
violation. 
    Approved May 26, 1987