1999 Minnesota Statutes

CHAPTER 604B. The year 2000 consumer protection act

     604B.01 Definitions. 

    Subdivision 1.    Terms.  For purposes of this chapter, 
 the terms in this section have the meanings given them. 

    Subd. 2.    Electronic computing device.  "Electronic 
 computing device" means any computer hardware or software, 
 computer chip, embedded chip, process control equipment, or 
 other information system that: 

    (1) is used to capture, store, manipulate, or process data; 
 or 

    (2) controls, monitors, or assists in the operation of 
 physical apparatus that is not primarily used as a computer but 
 that relies on automation or digital technology to function, 
 including, but not limited to, vehicles, vessels, buildings, 
 structures, facilities, elevators, medical equipment, traffic 
 signals, and factory machinery. 

    Subd. 3.    Person.  "Person" means a natural person or 
 a small business as defined in section 645.445. 

    Subd. 4.    Year 2000 problem.  "Year 2000 problem" 
 means disruptions in electronic communications or the 
 functioning of electronically controlled equipment resulting or 
 reasonably anticipated to result from erroneous data that is or 
 may be supplied by electronic devices in 1999 or on or after 
 January 1, 2000. 

    HIST: 1999 c 234 s 1 

     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 

     604B.03 Title; expiration. 

    This chapter shall be known as the Year 2000 Consumer 
 Protection Act.  This chapter expires July 1, 2000.  

    HIST: 1999 c 234 s 3 

     604B.04 Year 2000 activities; immunity. 

    Subdivision 1.    Definitions.  For the purpose of this 
 section, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Association.  "Association" means a trade, 
 professional, governmental, or similar organization the members 
 of which are individuals, enterprises, or governmental units 
 engaged in similar lines of business, services, or activity. 

    Subd. 3.    State agency.  "State agency" means the 
 University of Minnesota, Minnesota state colleges and 
 universities, and the departments, boards, agencies, and 
 commissions in the executive, judicial, and legislative branches.

    Subd. 4.    Year 2000 solution information.  "Year 2000 
 solution information" means information related to solutions 
 that address the inability of computer systems, software, or 
 electronically controlled devices to recognize certain dates in 
 1999 and after December 31, 1999.  That inability may cause 
 disruptions in electronic communications or the functioning of 
 electronically controlled equipment resulting or reasonably 
 anticipated to result from erroneous data that is or may be 
 supplied by electronic devices. 

    Subd. 5.    Association and related immunity.  No cause 
 of action may be maintained against an association for damages 
 or harm resulting from the collection of year 2000 solution 
 information or the publication of that information or against 
 any person or entity for providing year 2000 solution 
 information to the association. 

    Subd. 6.    State agency immunity.  No cause of action 
 may be maintained against a state agency for damages or harm 
 resulting from the collection of year 2000 solution information 
 or the publication of that information. 

    Subd. 7.    Governmental unit immunity.  No cause of 
 action may be maintained against a governmental unit as defined 
 in section 462.384, subdivision 2, including governmental units 
 acting jointly under section 471.59, for damages or harm 
 resulting from the collection, publication, or dissemination of 
 year 2000 solution information to other governmental units or to 
 the metropolitan council or agencies. 

    Subd. 8.    Exception.  Subdivisions 5 to 7 do not apply 
 if the party against whom the claim is brought knew in fact that 
 the year 2000 solution information provided was materially false.

    Subd. 9.    No implied cause of action created.  No 
 liability on the part of any person or any public or private 
 entity is implied or created by this section by the absence of a 
 grant of immunity under this section. 

    HIST: 1999 c 250 art 2 s 3