2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
325G.33 REMEDIES.
Subdivision 1. Enforcement authority. Any violation of section 325G.31 is a violation of a
law under section 8.31, subdivision 1. The remedies provided in section8.31, subdivisions 3 and
3a , are limited as provided in section
325G.34.
Subd. 2. Reformation. In addition to the remedies provided in section 8.31, a court reviewing
a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:
(1) a material provision of the contract violates section 325G.31;
(2) the violation caused the consumer to be substantially confused about any of the rights,
obligations or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the consumer.
If the court reforms or limits a provision of a consumer contract, the court shall also
make orders necessary to avoid unjust enrichment. Bringing a claim for relief pursuant to this
subdivision does not entitle a consumer to withhold performance of an otherwise valid contractual
obligation. No relief shall be granted pursuant to this subdivision unless the claim is brought
before the obligations of the contract have been fully performed.
History: 1981 c 274 s 5
Subdivision 1. Enforcement authority. Any violation of section 325G.31 is a violation of a
law under section 8.31, subdivision 1. The remedies provided in section
3a
Subd. 2. Reformation. In addition to the remedies provided in section 8.31, a court reviewing
a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:
(1) a material provision of the contract violates section 325G.31;
(2) the violation caused the consumer to be substantially confused about any of the rights,
obligations or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the consumer.
If the court reforms or limits a provision of a consumer contract, the court shall also
make orders necessary to avoid unjust enrichment. Bringing a claim for relief pursuant to this
subdivision does not entitle a consumer to withhold performance of an otherwise valid contractual
obligation. No relief shall be granted pursuant to this subdivision unless the claim is brought
before the obligations of the contract have been fully performed.
History: 1981 c 274 s 5
Official Publication of the State of Minnesota
Revisor of Statutes