1999 Minnesota Statutes

     604B.02 Right to affirmative defense based on year 2000 
  failure. 

    (a) A person has an affirmative defense to any claim or 
 action brought against the person if the person establishes that 
 the person's default, failure to pay, breach, omission, or other 
 violation that is the basis of the claim against the person was 
 caused by a year 2000 problem associated with an electronic 
 computing device that is not owned, controlled, or operated by 
 the person, and, if it were not for the year 2000 problem, the 
 person would have been able to satisfy the obligations that are 
 the basis of the claim. 

    (b) If a person establishes an affirmative defense as set 
 forth in paragraph (a), the court shall dismiss the claim 
 without prejudice and the person or entity making the claim 
 against the person shall not reassert the claim as to which the 
 affirmative defense was asserted for a period of 60 days from 
 the date on which the affirmative defense is granted by the 
 court.  Any statute of limitations applicable to the claim is 
 tolled for 90 days upon the granting of the affirmative defense 
 under this section. 

    (c) This section does not affect those transactions upon 
 which a default has occurred before any disruption of financial 
 or data transfer operations attributable to the year 2000 date 
 change. 

    (d) The granting of the affirmative defense under this 
 section does not impair, extinguish, discharge, satisfy, or 
 otherwise affect the underlying obligation that is the basis of 
 the claim against which the affirmative defense was asserted; 
 except that, the inability of a party to bring the claim based 
 upon the obligation must be delayed as set forth in paragraph 
 (b). 

    (e) A consumer may dispute directly with, or report to, a 
 consumer reporting agency any item of information in the 
 individual's consumer report resulting from a year 2000 problem, 
 including any negative credit information resulting from the 
 inability of the consumer to transact financial business and 
 make payments due to a year 2000 problem.  In responding to this 
 dispute or report, a consumer reporting agency shall: 

    (1) comply with all duties under chapter 13C and the 
 federal Fair Credit Reporting Act, United States Code, title 15, 
 sections 1681 to 1681u; and 

    (2) if requested by the consumer, indicate in each consumer 
 report that includes negative credit information a notation that 
 the consumer reported that the item of information resulted from 
 a year 2000 problem. 

    HIST: 1999 c 234 s 2