N.D. Cent. Code § 51-28-08.1 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-08.1
51-28-08.1. Telephone caller identification system fraud - Exceptions - Definitions
Status: in_force

51-28-08.1. Telephone caller identification system fraud - Exceptions - Definitions

1. A person may not, in connection with any telecommunications service or internet

protocol enabled voice service, knowingly cause any telephone caller identification

system to:

a. Transmit misleading or inaccurate caller identification information with the intent

to defraud or cause harm; or

b. Use or display a telephone number the caller does not own or has not received

consent to use from the owner of the telephone number.

2. This section does not apply to:

a. The blocking of caller identification information;

b. A law enforcement agency of the federal, state, county, or municipal government;

c. An intelligence or security agency of the federal government;

d. A telecommunications, broadband, or voice over internet protocol service provider

acting solely as an intermediary for the transmission of telephone service

between the caller and the recipient;

e. Activity engaged in under a court order that specifically authorizes the use of

caller manipulation; or

f. A caller who, based on the telephone number called, reasonably believes the

recipient of the call is not physically within the state.

3. Any person who receives a call in violation of subsection 1 may bring a civil action in a

court of this state in the county in which the call recipient resides to enjoin such action,

or for damages, or both. If the plaintiff prevails, the court must award the plaintiff the

plaintiff's actual damages or damages in an amount not less than five thousand dollars

and not more than ten thousand dollars per violation, whichever is greater. Each call is

a separate violation under this chapter. The court shall award the plaintiff's costs,

expenses, and reasonable attorney's fees. The relief provided in this section is in

addition to all remedies available to the attorney general under this chapter in any

investigation or action brought by the attorney general against the caller in the

plaintiff's private action. This section may not be interpreted to limit any other claims

the person may have against the caller or any other claims the attorney general may

bring under this chapter, chapter 51-15, or any other state or federal laws.

4. In addition to the remedies and penalties provided in this chapter, a person violating

subsection 1 is guilty of a class A misdemeanor, and the venue must be in the county

in which the call recipient received the call or the county in which the call recipient

resides.

5. As used in this section:

a. "Call" means any type of telephonic communication made using a public switched

telephone network, wireless cellular telephone service, or voice over internet

protocol service that has the capability of accessing users on the public switched

telephone network or a successor network.

b. "Caller" means a person that places a call, whether by telephone, over a

telephone line, or on a computer.

c. "Defraud" means taking anything of value, including money, property, or time,

without consent from the recipient of a call.

d. "Telephone caller identification system" means a listing of a caller's name,

telephone number, or name and telephone number shown to a recipient of a call

when it is received.
N.D. Cent. Code § 51-33-04 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-04
51-33-04. Temporary lifting or permanent removal of the freeze
Status: in_force

51-33-04. Temporary lifting or permanent removal of the freeze

1. If the consumer wishes to allow the consumer's consumer credit file to be accessed for

a specific party or period of time while a freeze is in place, the consumer shall contact

the consumer reporting agency, request that the freeze be temporarily lifted, and

provide the following:

a. Proper identification;

b. The unique personal identification number or password provided by the credit

reporting agency under section 51-33-03;

c. The proper information regarding the third party who is to receive the consumer

report or access the credit file or the time period for which the report or credit file

is to be available to users of the consumer credit file; and

d. A fee if applicable.

2. a. A consumer reporting agency that receives a request by mail from a consumer to

temporarily lift a freeze on a consumer credit file under this section shall comply

with the request no later than two business days after receiving the request

unless the consumer fails to provide proper identification and the unique personal

identification number or password provided by the credit reporting agency under

section 51-33-03.

b. A consumer reporting agency that receives a request by telephone or through a

secure electronic connection from a consumer to temporarily lift a freeze on a

consumer credit file under this section shall comply with the request no later than

fifteen minutes after receiving the request unless the consumer fails to provide

proper identification and the unique personal identification number or password

provided by the credit reporting agency under section 51-33-03 or the consumer

reporting agency's ability to remove the security freeze within fifteen minutes is

prevented by:

(1) A natural disaster or act of God, including fire, earthquake, or hurricane;

(2) Unauthorized or illegal acts by a third party, including terrorism, sabotage,

riot, vandalism, or a labor strike or similar labor dispute disrupting

operations;

(3) Operational interruption, including electrical failure, unanticipated delay in

equipment or replacement part delivery, or computer hardware or software

failures inhibiting response time;

(4) Governmental action, including emergency orders or regulations or judicial

or law enforcement action;

(5) Receipt of a removal request outside of normal business hours; or

(6) Maintenance of, updates to, or repair of the consumer reporting agency's

systems, whether regularly scheduled, unscheduled, or unexpected.

c. For the purposes of this section, "normal business hours" means from six a.m. to

nine-thirty p.m., central standard time or central daylight time, seven days a

week, excluding holidays other than Sundays.

3. A consumer reporting agency may develop procedures involving the use of telephone,

fax, internet, or other electronic media to receive and process a request from a

consumer to temporarily lift a freeze on a consumer report under this section in an

expedited manner, with the goal of processing a request within fifteen minutes after the

request.

4. A consumer reporting agency shall remove or temporarily lift a freeze placed on a

consumer report only in the following cases:

a. Upon consumer request under this section; or

b. When the consumer credit file was frozen due to a material misrepresentation of

fact by the consumer. When a consumer reporting agency intends to remove a

freeze on a consumer credit file under this section, the consumer reporting

agency shall notify the consumer in writing at least three business days prior to

removing the freeze on the consumer credit file.

5. A security freeze remains in place until the consumer requests that the security freeze

be removed. A consumer reporting agency shall remove a security freeze within three

business days of receiving a request for removal from the consumer, who provides

both of the following:

a. Proper identification; and

b. The unique personal identification number or password provided by the credit

reporting agency under section 51-33-03.
N.D. Cent. Code § 51-04-08.1 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-08.1
51-04-08.1. Exceptions to requirement of a transient merchant's license
Status: in_force

51-04-08.1. Exceptions to requirement of a transient merchant's license

A transient merchant selling merchandise only in flea markets, craft fairs, fairs, carnivals,

circuses, or similar activities regulated by city or county governments, fair associations,

convention bureaus, other political subdivisions, or local trade organizations is exempt from the

requirements of sections 51-04-02 and 51-04-03.
N.D. Cent. Code § 51-13-08 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-08
51-13-08. Waiver
Status: in_force

51-13-08. Waiver

Any waiver of the provisions of this chapter is unenforceable and void.
N.D. Cent. Code § 51-12-05 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-05
51-12-05. Representation that article has federal relationship prohibited
Status: repealed

51-12-05. Representation that article has federal relationship prohibited

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 51-07-02.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-02.1
51-07-02.1. Change in automobile or truck franchise agreement - Notification requirements
Status: in_force

51-07-02.1. Change in automobile or truck franchise agreement - Notification

requirements.

1. At least ninety days before any change in or from an existing contract which will

substantially impair the sales, the service obligations, or investment of a retailer of

automobiles or trucks, or parts of the automobiles or trucks, the manufacturer,

wholesaler, or distributor that is a party to the contract shall give notice by certified mail

to the retailer of the intended change and the specific grounds for the change.

2. If the manufacturer, wholesaler, or distributor fails to give the proper notice under

subsection 1, the change is voidable at the option of the retailer.

3. A contract between a manufacturer, wholesaler, or distributor and a retailer of

automobiles or trucks, or parts of the automobiles or trucks, is offered for automatic

renewal under the same terms unless notice is provided under subsection 1.

4. A retailer may file an action against the manufacturer, wholesaler, or distributor for

violation of this section or for a determination of whether the action proposed by the

manufacturer, wholesaler, or distributor is an unfair or a prohibited change in or from

the contract. Contracts and certificates of appointment continue in effect until final

determination of the issues in the action.

5. A change in or from a contract is unfair and prohibited if the change is not clearly

permitted by the agreement; is not taken in good faith; is not taken for good cause; is

based on an alleged breach of the agreement which is not in fact a material and

substantial breach; or, if the grounds relied on for the change have not been applied in

a uniform and consistent manner by the manufacturer, wholesaler, or distributor. Good

faith means honesty in fact and fair dealing. The manufacturer, wholesaler, or

distributor shall have the burden of proof that any action taken by the manufacturer,

wholesaler, or distributor is fair and not prohibited. A manufacturer, wholesaler, or

distributor that fails to carry the burden of proof is liable for all special and general

damages sustained by the retailer, including the costs of litigation and reasonable

attorney's fees. If appropriate, the retailer is entitled to injunctive relief.
N.D. Cent. Code § 51-15-05 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-05
51-15-05. Subpoena - Hearing - Rules
Status: in_force

51-15-05. Subpoena - Hearing - Rules

To accomplish the objectives and to carry out the duties prescribed by this chapter or by

other provisions of law, including chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18, the

attorney general, in addition to other powers conferred upon the attorney general by this

chapter, may issue subpoenas to any person, administer an oath or affirmation to any person,

conduct hearings in aid of any investigation or inquiry, and prescribe forms and adopt rules as

may be necessary.
N.D. Cent. Code § 51-25-02 — ND Code / Title 51 / Chapter 51-25 / Section 51-25-02
51-25-02. Requirements
Status: in_force

51-25-02. Requirements

A tobacco product manufacturer selling cigarettes to consumers within the state, whether

directly or through a distributor, retailer, or similar intermediary or intermediaries, after April 8,

1999, must do one of the following:

1. Become a participating manufacturer, as that term is defined in section II(jj) of the

master settlement agreement, and generally perform its financial obligations under the

master settlement agreement; or

2. a. Place into a qualified escrow fund by April fifteenth of the year following the year

in question, the following amounts, as such amounts are adjusted for inflation:

(1) 1999: $.0094241 per unit sold after April 8, 1999;

(2) 2000: $.0104712 per unit sold;

(3) For each of 2001 and 2002: $.0136125 per unit sold;

(4) For each of 2003 through 2006: $.0167539 per unit sold; and

(5) For each of 2007 and each year thereafter: $.0188482 per unit sold.

b. A tobacco product manufacturer that places funds into escrow pursuant to

subdivision a shall receive the interest or other appreciation on the funds as

earned. The funds may be released from escrow only under the following

circumstances:

(1) To pay a judgment or settlement on any released claim brought against the

tobacco product manufacturer by the state or any releasing party located or

residing in the state. Funds must be released from escrow under this

paragraph in the order in which they were placed into escrow and only to the

extent and at the time necessary to make payments required under the

judgment or settlement;

(2) To the extent that a tobacco product manufacturer establishes that the

amount it was required to place into escrow on account of units sold in the

state in a particular year was greater than the master settlement agreement

payments, as determined pursuant to section IX(i) of that agreement,

including after final determination of all adjustments, that the manufacturer

would have been required to make on account of such units sold had it been

a participating manufacturer, the excess must be released from escrow and

revert back to such tobacco product manufacturer; or

(3) To the extent not released from escrow under paragraph 1 or 2, funds must

be released from escrow and revert back to the tobacco product

manufacturer twenty-five years after the date on which they were placed into

escrow.

c. Each tobacco product manufacturer that elects to place funds into escrow

pursuant to this subsection shall annually certify to the state tax commissioner

that it is in compliance with this subsection. The state tax commissioner shall

refer every instance of noncompliance to the attorney general. The attorney

general may bring a civil action on behalf of the state against any tobacco product

manufacturer that fails to place into escrow the funds required under this section.

Any tobacco product manufacturer that fails in any year to place into escrow the

funds required under this section must:

(1) Be required within fifteen days to place the funds into escrow as will bring it

into compliance with this section. The court, upon a finding of a violation of

this subdivision, may impose a civil penalty to be paid to the general fund of

the state in an amount not to exceed five percent of the amount improperly

withheld from escrow per day of the violation and in a total amount not to

exceed one hundred percent of the original amount improperly withheld from

escrow;

(2) In the case of a knowing violation, be required within fifteen days to place

the funds into escrow as will bring it into compliance with this section. The

court, upon a finding of a knowing violation of this subdivision, may impose

a civil penalty to be paid to the general fund of the state in an amount not to

exceed fifteen percent of the amount improperly withheld from escrow per

day of the violation and in a total amount not to exceed three hundred

percent of the original amount improperly withheld from escrow; and

(3) In the case of a second knowing violation, be prohibited from selling

cigarettes to consumers within the state, whether directly or through a

distributor, retailer, or similar intermediary, for a period not to exceed two

years.

d. Each failure to make an annual deposit required under this section constitutes a

separate violation.

e. Notwithstanding subdivision b, a tobacco product manufacturer that deposits

funds into escrow under subdivision a, or a transferee of rights therein, may make

an irrevocable assignment of the tobacco manufacturer's interest in the funds to

the benefit of the state. The assignment executed in accordance with this section

is permanent and applies to all funds in the escrow account and which

subsequently may come into the account, including funds deposited into the

account before the assignment is executed, funds deposited into the account

after the assignment is executed, and interest and other appreciation on the

funds. The tobacco product manufacturer, the attorney general, and the financial

institution that maintains the escrow account may make an amendment to the

qualified escrow account agreement as necessary to effectuate an assignment of

the rights executed under this subdivision or the withdrawal of funds from the

escrow account under subdivision b. An assignment executed under this

subdivision must be in writing, and be signed by a duly authorized representative

of the assignor and assignee and becomes effective upon delivery of the

assignment to the attorney general and the financial institution at which the

escrow account is maintained.

f. Notwithstanding subdivision b, escrow funds assigned to the state under

subdivision e must be withdrawn by the state on the approval of the attorney

general. Funds withdrawn under this subdivision must be deposited into the

general fund and must be calculated on a dollar-for-dollar basis as a credit

against any judgment or settlement described in subdivision b which may be

obtained against the tobacco product manufacturer or transferee that has

assigned the funds in the escrow account to the state. This section may not be

construed to relieve a tobacco product manufacturer from any past, current, or

future obligation the manufacturer may have under this chapter or chapter

51-25.1.
N.D. Cent. Code § 51-32-06 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-06
51-32-06. Taxes
Status: in_force

51-32-06. Taxes

Each person accepting a purchase order for a delivery sale of any tobacco product shall

remit to the tax commissioner any taxes due under chapter 57-36 with respect to the delivery

sale. This section does not apply if the person has obtained proof, in the form of the presence of

applicable tax stamps or otherwise, that the taxes already have been paid to this state.
N.D. Cent. Code § 51-13-03.2 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-03.2
51-13-03.2. Statement of unpaid balance
Status: in_force

51-13-03.2. Statement of unpaid balance

Upon written request from the buyer, the holder of a retail installment contract shall give or

forward to the buyer a written statement of the dates and amounts of payments and the total

amount unpaid under the contract. A buyer must be given a written receipt for any payment

when made in cash.
N.D. Cent. Code § 51-36-01 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-01
51-36-01. Definitions
Status: in_force

51-36-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Demand letter" means a letter, electronic mail, or other communication asserting or

claiming the target engaged in patent infringement.

2. "Target" means any person:

a. That receives a demand letter or against whom an assertion or allegation of

patent infringement is made;

b. That is threatened with litigation or against whom a lawsuit is filed alleging patent

infringement; or

c. Whose customer receives a demand letter asserting that the person's product,

service, or technology infringes a patent.
N.D. Cent. Code § 51-22-03 — ND Code / Title 51 / Chapter 51-22 / Section 51-22-03
51-22-03. Initiation of civil action - Liability for damages - Limitation
Status: in_force

51-22-03. Initiation of civil action - Liability for damages - Limitation

1. A person may initiate a civil action against a business entity in accordance with state

law whenever a business entity violates the provisions of section 51-22-02.

2. In any suit brought pursuant to the provisions of subsection 1, a business entity which

has violated section 51-22-02 is liable to the person in an amount equal to the actual

damages sustained by the person as a result of such violation, but in no case less

than five hundred dollars.

3. An action to enforce any liability created under this chapter may be brought in any

court of competent jurisdiction within two years from the date on which the claim for

relief arose.
N.D. Cent. Code § 51-33-13 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-13
51-33-13. Private enforcement
Status: in_force

51-33-13. Private enforcement

1. If a consumer reporting agency erroneously releases a consumer's credit file or any

information derived from the file, the consumer reporting agency shall send written

notification to the affected consumer within five business days following discovery or

notification of the erroneous release, including specificity as to the information

released and the third-party recipient of the information. In addition, the affected

consumer in a civil action against the consumer reporting agency may recover:

a. Injunctive relief to prevent or restrain further violation of the security freeze;

b. The greater of actual damages or two thousand dollars in civil penalties for each

violation; and

c. Reasonable expenses, court costs, investigative costs, and attorney's fees.

2. Each violation of the security freeze shall be counted as a separate incident for

purposes of imposing penalties under this section.
N.D. Cent. Code § 51-07-16 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-16
51-07-16. Definitions
Status: in_force

51-07-16. Definitions

As used in sections 51-07-16 through 51-07-22, and unless the context otherwise requires:

1. "Consumer" means the purchaser or lessee, other than for purposes of resale or

lease, of a passenger motor vehicle normally used for personal, family, or household

purposes. The term includes any person to whom the passenger motor vehicle is

transferred for the same purposes during the duration of an express warranty

applicable to that passenger motor vehicle, and any other person entitled by the terms

of the warranty to enforce the obligations of the warranty.

2. "Passenger motor vehicle" means a passenger motor vehicle as defined in section

39-01-01 or a truck with registered gross weight of ten thousand pounds [4536

kilograms] or less which is sold or leased in this state. The term does not include a

house car, as defined in section 39-01-01.
N.D. Cent. Code § 51-12-07 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-07
51-12-07. Injunction
Status: repealed

51-12-07. Injunction

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 51-28-18 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-18
51-28-18. Costs recoverable in court proceeding
Status: in_force

51-28-18. Costs recoverable in court proceeding

The attorney general is entitled to an award of reasonable attorney's fees, investigation

fees, costs, and expenses of any investigation and action brought under the provisions of this

chapter.
N.D. Cent. Code § 51-37-04 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-04
51-37-04. Remedies
Status: in_force

51-37-04. Remedies

An automatic renewal provision in violation of this chapter is unenforceable and void. If a

person sends merchandise or provides a service as a result of an automatic renewal of

agreement without complying with the requirements of section 51-37-02 or sends merchandise

or provides a service after a buyer undertook an affirmative act to cancel or otherwise avoid

charges, the merchandise or service is considered to be an unconditional gift to the buyer who

may dispose of the gift in any manner the buyer sees fit without any obligation to the person.
N.D. Cent. Code § 51-23-03 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-03
51-23-03. Unlawful commodity transactions
Status: in_force

51-23-03. Unlawful commodity transactions

Except as otherwise provided in section 51-23-04 or 51-23-05, no person may sell or

purchase or offer to sell or purchase any commodity under any commodity contract or under

any commodity option or offer to enter into or enter into as seller or purchaser any commodity

contract or any commodity option.
N.D. Cent. Code § 51-15-06.1 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-06.1
51-15-06.1. Assurance of voluntary compliance
Status: in_force

51-15-06.1. Assurance of voluntary compliance

The attorney general may accept an assurance of voluntary compliance for any act or

practice the attorney general determines to be in violation of this chapter, or other provisions of

law, including chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, 51-18, 51-28, 51-29, 51-30, 51-31,

51-33, or 51-34, from any person the attorney general alleges is engaging in, or has engaged in,

the act or practice. The assurance of voluntary compliance must be in writing and must be filed

with and is subject to the approval of the district court of the county in which the alleged violator

resides or has as a principal place of business, conducts business, or in Burleigh County.

Failure to comply with an assurance of voluntary compliance which has been approved by the

district court is contempt of court.
N.D. Cent. Code § 51-19-10 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-10
51-19-10. Advertisement
Status: in_force

51-19-10. Advertisement

1. No person may publish in this state any advertisement offering a franchise subject to

the registration requirements of this chapter unless a true copy of the advertisement

has been filed with the office of the commissioner at least five business days prior to

the first publication or such shorter period as the commissioner by rule or order may

allow or unless such advertisement has been exempted by rule of the commissioner.

2. No person may publish any advertisement concerning any franchise in this state after

the commissioner finds that the advertisement contains any statement that is false or

misleading or omits to make any statement necessary in order to make the statements

made, in light of the circumstances under which they were made, not misleading and

so notifies the person in writing. Such notification may be given summarily without

notice of hearing. At any time after the issuance of a notification under this subsection,

the person desiring to use the advertisement may request in writing that the order be

rescinded. Upon the receipt of such a written request, the matter must be set down for

hearing to commence within fifteen business days after such receipt unless the person

making the request consents to a later date. After such hearing, the commissioner

shall determine whether to affirm and continue or to rescind such order.
N.D. Cent. Code § 51-18-01 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-01
51-18-01. Definitions
Status: in_force

51-18-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Consumer goods or services" means goods or services purchased, leased, or rented

primarily for personal, family, or household purposes, including courses of instruction

or training regardless of the purpose for which they are taken.

2. "Person" includes a corporation, limited liability company, company, partnership, firm,

association, or society, as well as a natural person. When the word "person" is used to

designate the party whose property may be the subject of a criminal or public offense,

the term includes the United States, this state, or any territory, state, or country, or any

political subdivision of this state which may lawfully own any property, or a public or

private corporation, limited liability company, or partnership or association. When the

word "person" is used to designate the violator or offender of any law, it includes

corporation, limited liability company, partnership, or any association of persons.

3. "Personal solicitation sale" means a sale, lease, or rental of consumer goods or

services in which the seller or the seller's representative solicits the sale, lease, or

rental, by telephone or in person, and the buyer's agreement or offer to purchase is

made at a place other than the place of business of the person soliciting the same and

that agreement or offer to purchase is there given to the seller or the seller's

representative. A transaction is not a personal solicitation sale if it is made pursuant to

prior negotiations between the parties at a business establishment at a fixed location

where goods or services are offered or exhibited for sale, lease, or rental.

4. "Seller" means a person who makes a personal solicitation sale.

5. "Seller's representative" means a person who makes a personal solicitation sale on

behalf of a seller.

6. "Telepromoter" means any person who, individually, through salespersons or agents,

or through the use of an automatic dialing-announcing device initiates telephone

contact with a consumer or who by written notice requests that the consumer contact

the person by telephone and who represents one or more of the following:

a. That if the consumer buys one or more items from the telepromoter, the

consumer will also receive additional or other items, whether or not of the same

type as purchased, without further cost or at a cost which the seller states or

implies is less than the regular price of those items.

b. That a consumer will receive a prize, premium, or gift if the telepromoter also

encourages the consumer to do either of the following:

(1) Purchase or rent any goods or services.

(2) Pay any money, including a delivery or handling charge.

c. That the consumer has in any manner been specially selected to receive the

written notice or the offer contained in the written notice.

The term does not include any nonprofit or charitable organization exempt from federal

taxation under section 501(c)(3) of the United States Internal Revenue Code

[26 U.S.C. 501(c)(3)].
N.D. Cent. Code § 51-10-14 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-14
51-10-14. Retailer's license - Penalty
Status: repealed

51-10-14. Retailer's license - Penalty

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-04-03 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-03
51-04-03. License fee - Bond or cash surety - License issuance
Status: in_force

51-04-03. License fee - Bond or cash surety - License issuance

An applicant for a transient merchant's license shall pay to the attorney general a license

fee of two hundred dollars to cover the cost of licensing and shall give a surety bond, or the

deposit of cash in lieu thereof, which must be not less than one thousand dollars nor more than

fifty thousand dollars, the surety on which must be a surety company authorized to transact

business in the state of North Dakota. The contents and surety therein are subject to the

approval of the attorney general and must be conditioned that the applicant will in all things

conform to the laws relating to transient merchants and further conditioned upon full compliance

with all material oral or written statements and representations made by the applicant, the

applicant's agents, representatives, or auctioneers with reference to merchandise sold or

offered for sale, and on faithful performance under all warranties made with reference thereto.

The bond may not be revocable nor terminate prior to passage of two years' time after the

expiration of the license issued pursuant thereto nor until due notice that the terms of the bond

are to be canceled has been given to the attorney general.

No license is valid for more than one person unless that person is a bona fide member of a

copartnership. Licenses issued by the attorney general are valid in all counties of the state and

expire after one year from the dates of their issuance.

No sale under the purview of this chapter may be conducted in the name of any person

other than the bona fide owner of the goods, wares, and merchandise.

The files and records of the attorney general pertaining to transient merchants must be kept

in convenient form and open for public inspection.
N.D. Cent. Code § 51-13-06 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-06
51-13-06. Refinancing retail installment contracts
Status: repealed

51-13-06. Refinancing retail installment contracts

Repealed by S.L. 1981, ch. 498, § 2.
N.D. Cent. Code § 51-37-03 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-03
51-37-03. Exceptions
Status: in_force

51-37-03. Exceptions

This chapter does not apply to:

1. The sale of insurance regulated under title 26.1;

2. The sale of public utilities regulated under title 49 or the federal communications

commission, or services provided by the public utilities; or

3. A bank, bank holding company, credit union, or other financial institution or trust

company regulated under title 6.
N.D. Cent. Code § 51-35-05 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-05
51-35-05. Registration
Status: in_force

51-35-05. Registration

1. A person may not act as a scrap metal dealer or represent to the public the person is a

scrap metal dealer unless the person is registered under this chapter.

2. The attorney general shall issue a certificate of registration to an applicant that:

a. Applies as directed by the attorney general;

b. Presents any relevant evidence relating to the applicant's qualifications as

required by the attorney general; and

c. Has a fixed business premises that is properly zoned according to local

ordinances for the business conducted.

3. The attorney general may establish qualifications, requirements, and penalties for

noncompliance with registration requirements for the holder of a certificate of

registration under this chapter.
N.D. Cent. Code § 51-05.1-03 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-03
51-05.1-03. Investigation - Grounds for refusal, suspension, or revocation of license - Hearing on appeal
Status: repealed

51-05.1-03. Investigation - Grounds for refusal, suspension, or revocation of license -

Hearing on appeal.

Repealed by S.L. 2023, ch. 447, § 7.
N.D. Cent. Code § 51-25.1-04 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-04
51-25.1-04. Reporting of information - Escrow installments
Status: in_force

51-25.1-04. Reporting of information - Escrow installments

1. Not later than twenty days after the end of each calendar quarter, and more frequently

if directed by the attorney general, a distributor shall submit information the attorney

general requires to facilitate compliance with this chapter, including a list by brand

family of the total number of cigarettes or, in the case of "roll-your-own", the equivalent

stick count the distributor paid the excise tax due for the cigarettes. The distributor

shall maintain and make available to the attorney general all invoices and

documentation of sales of all nonparticipating manufacturer cigarettes and any

other information relied upon in reporting to the attorney general for a period of five

years. The distributor shall provide the information and documentation to the

commissioner, together with any other information and documentation requested

by the commissioner. The commissioner shall process the information and

documentation as needed by the commissioner and as needed by the attorney

general for the purposes of this chapter and chapter 51-25.

2. The commissioner may disclose to the attorney general any information in the

commissioner's possession requested by the attorney general for purposes of

determining compliance with and enforcement of this chapter. The commissioner

and attorney general may share the information received under this chapter, and

may share the information with a federal, state, or local agency for purposes of

enforcement of chapter 51-25, this chapter, or any equivalent law of another state.

3. The attorney general may require from the nonparticipating manufacturer, at any

time, proof from the financial institution in which the nonparticipating manufacturer

has established a qualified escrow fund for the purpose of compliance with

subsection 2 of section 51-25-02 of the amount of money in the qualified escrow

fund, exclusive of interest, being held on behalf of the state, and the amount and

date of each deposit to, and withdrawal from, the qualified escrow fund.

4. In addition to the information required to be submitted under chapter 51-25 and

this chapter, the attorney general may require a distributor or tobacco product

manufacturer to submit any additional information, including samples of packaging

or labeling of a brand family, as necessary to enable the attorney general to

determine whether a tobacco product manufacturer is or will continue to be in

compliance with this chapter and chapter 51-25.

5. In addition to the requirements of subsection 2 of section 51-25-02, and to promote

compliance with this chapter:

a. The attorney general may require any nonparticipating manufacturer to make

escrow deposits required by subsection 2 of section 51-25-02 in quarterly

installments. Any escrow deposits required to be made in quarterly

installments must be deposited into a qualified escrow fund no later than thirty

calendar days after the end of the quarter in which the sales were made. The

failure by a nonparticipating manufacturer to make any quarterly installment

required by the attorney general subjects the nonparticipating manufacturer to

any penalty and other remedy provided under section 51-25.1-02 and

subsection 2 of section 51-25-02.

b. The attorney general may require production of information sufficient to

enable the attorney general to determine the adequacy of each escrow

deposit under this subsection and subsection 2 of section 51-25-02.
N.D. Cent. Code § 51-28-15 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-15
51-28-15. Civil penalties in an adjudicative proceeding
Status: in_force

51-28-15. Civil penalties in an adjudicative proceeding

When it appears to the attorney general that a person has engaged in, or is engaging in,

any practice declared to be unlawful by this chapter or by any rule or order of the attorney

general issued under this chapter, the attorney general may impose by order and collect a civil

penalty against any person found in an adjudicative proceeding to have violated any provision of

this chapter, or any rule or order adopted under this chapter, in an amount not more than two

thousand dollars for each violation of this chapter or any rule or order adopted under this

chapter. The attorney general may bring an action in district court to recover penalties under this

section.
N.D. Cent. Code § 51-07-05 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-05
51-07-05. Goods defined
Status: repealed

51-07-05. Goods defined

Repealed by omission from this code.
N.D. Cent. Code § 51-25.1-03 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-03
51-25.1-03. Agent for service of process
Status: in_force

51-25.1-03. Agent for service of process

1. Any nonresident or foreign nonparticipating manufacturer that has not registered to do

business in the state as a foreign corporation or business entity, as a condition

precedent to having the nonparticipating manufacturer's brand families included or

retained in the directory, shall appoint and continually engage without interruption the

services of an agent in this state to act as agent for service of process on whom all

process, and any action or proceeding against the nonparticipating manufacturer

concerning or arising out of the enforcement of this chapter and chapter 51-25, may be

served in any manner authorized by law. This service constitutes legal and valid

service of process on the nonparticipating manufacturer. The nonparticipating

manufacturer shall provide the name, address, telephone number, and proof of the

appointment and availability of the agent to the attorney general.

2. The nonparticipating manufacturer shall provide notice to the attorney general no less

than thirty days before termination of the authority of an agent. The nonparticipating

manufacturer shall provide proof, to the satisfaction of the attorney general, of the

appointment of a new agent no less than five days before the termination of an

existing agent appointment. If an agent terminates an agency appointment, the

nonparticipating manufacturer shall notify the attorney general of the termination within

five days and shall include proof, to the satisfaction of the attorney general, of the

appointment of a new agent.

3. A nonparticipating manufacturer whose products are sold in this state, without

appointing or designating an agent as required by this section, is deemed to have

appointed the secretary of state as the agent and the nonparticipating manufacturer

may be proceeded against in courts of this state by service of process upon the

secretary of state. The appointment of the secretary of state as the agent does not

satisfy the condition precedent in subsection 1 for having the nonparticipating

manufacturer's brand families included or retained in the directory.
N.D. Cent. Code § 51-12-06 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-06
51-12-06. Penalty
Status: repealed

51-12-06. Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 51-20.1-04 — ND Code / Title 51 / Chapter 51-20.1 / Section 51-20.1-04
51-20.1-04. Determination of retail dealer's reimbursement
Status: in_force

51-20.1-04. Determination of retail dealer's reimbursement

The extent of reimbursement of the retail dealer for heavy construction equipment and

repair parts pursuant to section 51-20.1-02 must be determined by taking one hundred percent

of the net cost on unused, complete heavy construction equipment, and eighty-five percent of

the current net price of repair parts, as shown in the distributor's price lists or catalogs in effect

at the time the contract was canceled, terminated, or not renewed.
N.D. Cent. Code § 51-34-03 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-03
51-34-03. Jurisdiction - Conduct outside this state - Venue - Multiple offenses
Status: in_force

51-34-03. Jurisdiction - Conduct outside this state - Venue - Multiple offenses

1. Notwithstanding section 29-03-01.1, a person who, while outside this state, engages in

conduct in violation of section 51-34-02 is subject to prosecution under this chapter in

the courts of this state. Except as provided in subsection 2, the venue is in the county

in which the customer or victim resides or any other county in which any part of the

crime occurred.

2. When a person commits violations of this section in more than one county involving

either one or more customers or victims or the commission of acts constituting an

element of the offense, the multiple offenses may be consolidated for commencement

of prosecution in any county where one of the offenses was committed.
N.D. Cent. Code § 51-07-32 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-32
51-07-32. Liability for publishing or distributing sexual material harmful to minors - Age verification requirement - Damages
Status: in_force

51-07-32. Liability for publishing or distributing sexual material harmful to minors -

Age verification requirement - Damages.

1. As used in this section:

a. "Commercial entity" includes a corporation, limited liability company, partnership,

limited partnership, sole proprietorship, or other legally recognized business

entity.

b. "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute,

circulate, or disseminate by any means.

c. "Minor" means an individual under eighteen years of age.

d. "News-gathering organization" means an employee of a:

(1) Newspaper, news publication, or news source, printed or on an online or

mobile platform, of current news and public interest, who is acting within the

scope of employment and can provide documentation of employment with

the newspaper, news publication, or news source; or

(2) Radio broadcast station, television broadcast station, cable television

operator, or wire service, who is acting within the scope of employment and

can provide documentation of employment with the radio broadcast station,

television broadcast station, cable television operator, or wire service.

e. "Publish" means to communicate or make information available to another person

on a publicly available internet website.

f. "Reasonable age verification methods" includes verifying the individual seeking to

access the material is eighteen years of age or older by using:

(1) A digitized identification card; or

(2) Requiring the individual attempting to access the material to comply with a

commercial age verification system including the use of:

(a) Government-issued identification;

(b) A commercially available database regularly used by a business or

government entity for the purpose of age and identity verification; or

(c) Any commercially reasonable method that relies on public or private

transactional data to verify the age of the individual attempting to

access the information is eighteen years of age or older.

g. "Sexual material harmful to a minor" includes material that:

(1) The average individual applying contemporary community standards would

find, taking the material as a whole and with respect to a minor, is designed

to appeal to or pander to the prurient interest;

(2) In a manner patently offensive with respect to a minor, exploits, is devoted

to, or principally consists of descriptions of actual, simulated, or animated

displays or depictions of:

(a) An individual's pubic hair, anus, genitals, or the nipple of the female

breast;

(b) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses,

or genitals; or

(c) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,

flagellation, excretory functions, exhibitions, or any other sexual act;

and

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value

for a minor.

h. "Substantial portion" means if more than thirty-three and one-third percent of total

material on a website is sexual material harmful to a minor.

i. "Transactional data" means a sequence of information that documents an

exchange, agreement, or transfer between an individual, commercial entity, or

third party used for the purpose of satisfying a request or event. The term

includes records from mortgage, education, and employment entities.

2. A commercial entity that knowingly publishes or distributes sexual material harmful to a

minor on the internet from a website that contains a substantial portion of the material

must be held liable if the entity fails to perform reasonable age verification methods to

verify the age of an individual attempting to access the material.

3. A commercial entity or third party that performs the required age verification may not

retain any identifying information of the individual after access has been granted to the

material.

4. A commercial entity found to have violated subsection 2 or 3 is liable for damages.

5. A civil action may be brought against any commercial entity, or third party that

performs the required age verification on behalf of the commercial entity, by:

a. A parent or guardian whose minor child was allowed access to the material in

violation of subsection 2; or

b. An individual whose identifying information is retained in violation of subsection 3.

6. An individual authorized to bring a civil action under subsection 5 may seek and the

court may award:

a. An injunction to enjoin continued violation of this section;

b. Compensatory and exemplary damages; and

c. Costs and fees, including reasonable attorney fees.

7. This section does not apply to any bona fide news or public interest broadcast, website

video, report, or event, and may not be construed to affect the rights of any news-

gathering organization.

8. An internet service provider or its affiliates or subsidiaries, a search engine, a cloud

service provider, or an application store, may not be held to have violated this section

solely for providing access or connection to or from a website or other information or

content on the internet or a facility, system, or network not under the provider's control,

including transmission, downloading, intermediate storage, access software, or other

forms of access or storage to the extent the provider is not responsible for the creation

of the content of the communication that constitutes sexual material harmful to a

minor.
N.D. Cent. Code § 51-36-08 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-08
51-36-08. Exceptions
Status: in_force

51-36-08. Exceptions

This chapter does not apply to:

1. Any person that owns or has the right to license or enforce a patent to notify another of

that ownership or right of license or enforcement, to notify another that the patent is

available for license or sale; notify another of the infringement of that patent pursuant

to the provisions of title 35 of the United States Code; or seek compensation on

account of a past or present infringement, or for a license, if it is reasonable to believe

that the person from whom compensation is sought may owe such compensation.

2. Any demand letter sent by:

a. Any corporation traded on a public stock exchange or any entity owned or

controlled by such corporation;

b. An owner of the patent which is using the patent in connection with the

substantial research, commercial development, production, manufacturing,

processing, or delivery of products or materials;

c. Any institution of higher education as that term is defined in section 101 of the

federal Higher Education Act of 1965 [20 U.S.C. 1001]; or

d. Any technology transfer organization whose primary purpose is to facilitate the

commercialization of technology developed by an institution of higher education.
N.D. Cent. Code § 51-27-07 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-07
51-27-07. Blocking of commercial electronic mail by interactive computer service - Immunity from liability (Contingent expiration date - See note)
Status: in_force

51-27-07. Blocking of commercial electronic mail by interactive computer service -

Immunity from liability. (Contingent expiration date - See note)

1. An interactive computer service may block the receipt or transmission through its

service of any commercial electronic mail that it reasonably believes is, or will be, sent

in violation of this chapter.

2. An interactive computer service may not be held liable for any action voluntarily taken

in good faith to block the receipt or transmission through its service of any commercial

electronic mail which it reasonably believes is, or will be, sent in violation of this

chapter.
N.D. Cent. Code § 51-29-02 — ND Code / Title 51 / Chapter 51-29 / Section 51-29-02
51-29-02. Expiration dates - Service fees
Status: in_force

51-29-02. Expiration dates - Service fees

A person may not charge additional monthly or annual service or maintenance fees on a gift

certificate. A person may not limit the time for redemption of a gift certificate to a date before six

years after the date of purchase of the gift certificate, place an expiration date on a gift

certificate before six years after the date of purchase of the gift certificate, or include on a gift

certificate any statement suggesting that an expiration or redemption date, except as permitted

in this section, may apply to a gift certificate.

This section does not apply to a gift certificate distributed to a consumer pursuant to an

awards, loyalty, or promotional program without any money or other thing of value being given in

exchange for the gift certificate by the consumer. Any restriction or limitation on such gift

certificate must be disclosed to the consumer, in writing, at the time the gift certificate is

distributed to the consumer.
N.D. Cent. Code § 51-23-06 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-06
51-23-06. Unlawful commodity activities
Status: in_force

51-23-06. Unlawful commodity activities

1. No person may engage in a trade or business or otherwise act as a commodity

merchant unless such person:

a. Is registered or temporarily licensed with the commodity futures trading

commission for each activity constituting such person as a commodity merchant

and such registration or temporary license shall not have expired, nor been

suspended nor revoked; or

b. Is exempt from such registration by virtue of the Commodity Exchange Act or of a

CFTC rule.

2. No board of trade may trade, or provide a place for the trading of, any commodity

contract or commodity option required to be traded on or subject to the rules of a

contract market designated by the commodity futures trading commission unless such

board of trade has been so designated for such commodity contract or commodity

option and such designation has not been vacated, suspended, or revoked.
N.D. Cent. Code § 51-32-07 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-07
51-32-07. Penalties
Status: in_force

51-32-07. Penalties

1. Except as otherwise provided in this section, a person that violates this chapter is

subject to a fine of not more than one thousand dollars. In the case of a second or

subsequent violation of this chapter, the person is subject to a fine of not less than one

thousand dollars nor more than five thousand dollars.

2. Any person who knowingly violates any provision of this chapter is guilty of a class C

felony.

3. Any individual who knowingly and falsely submits a certification under paragraph 1 of

subdivision e of subsection 1 of section 51-32-01 in another individual's name is guilty

of a noncriminal offense and is subject to the penalty provided under subsection 1.

4. Any person that fails to pay any tax required in connection with a delivery sale shall

pay, in addition to any other penalty, a penalty of fifty percent of the tax due but unpaid.

5. Any cigarettes sold or attempted to be sold in a delivery sale that does not meet the

requirements of this chapter are forfeited to the state and must be destroyed.
N.D. Cent. Code § 51-10-03 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-03
51-10-03. Unfair advertising, offer to sell, or sale
Status: in_force

51-10-03. Unfair advertising, offer to sell, or sale

Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers,

at less than cost as defined in this chapter, which has the intent or the effect of inducing the

purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise

injuring a competitor, impairs and prevents fair competition, injures public welfare, and is unfair

competition and contrary to public policy and the policy of this chapter, if the result of such

advertising, offer, or sale is to tend to deceive any purchaser or prospective purchaser, or

substantially to lessen competition, or unreasonably to restrain trade, or to tend to create a

monopoly in any line of commerce.
N.D. Cent. Code § 51-10-04 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-04
51-10-04. Schemes or devices included within sales below cost
Status: in_force

51-10-04. Schemes or devices included within sales below cost

The inhibition against sales below cost, as defined in this chapter, shall embrace any

scheme of special rebate, collateral contract, or any device of any nature by which such result

is, in substance or in fact, effected in violation of the spirit and intent of this chapter.
N.D. Cent. Code § 51-25.1-05 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-05
51-25.1-05. Penalties - Remedies
Status: in_force

51-25.1-05. Penalties - Remedies

1. In addition to any other civil or criminal remedy provided by law, upon a

determination that a distributor has violated subsection 4, 6, 7, 8, or 9 of section

51-25.1-02 or subsection 1 or 4 of section 51-25.1-04, or any rule adopted under

those subsections, the attorney general may revoke the license of a distributor in

the manner provided by section 57-36-04. Each sale or offer to sell cigarettes in

violation of subsection 4 of section 51-25.1-02 constitutes a separate violation. For

each violation, the attorney general may impose a civil penalty in an amount not to

exceed five hundred percent of the retail value of the cigarettes sold or five

thousand dollars, whichever is greater, upon a determination of violation of

subsection 4 of section 51-25.1-02 or any rules adopted under that subsection.

2. Any cigarettes sold, offered for sale, or possessed for sale in this state, or imported

for personal consumption in this state in violation of subsection 4 of section

51-25.1-02 are deemed contraband and are subject to seizure, by a law

enforcement officer, and forfeiture as follows:

a. Upon the seizure of the cigarettes, and within two days thereafter, the law

enforcement officer making the seizure shall deliver an inventory of the

cigarettes seized to the person from whom the seizure was made, if known,

and shall file a copy of the inventory with the attorney general.

b. Within ten days after the date of service of the inventory, the person from

whom the seizure was made, or any other person claiming an interest in the

cigarettes seized, may file a demand with the attorney general for a judicial

determination of the issues of whether the cigarettes seized were, or lawfully

are, subject to seizure and forfeiture. Within thirty days of the date of a timely

demand, the attorney general shall institute an action in the district court of

the county in which the seizure was made for a determination of the issues.

The action must be brought by the attorney general in the name of the state.

The district court shall hear the action and determine the issues of fact and

law.

c. If a judgment of forfeiture is entered, the attorney general shall destroy the

forfeited cigarettes unless the judgment is stayed pending an appeal to the

supreme court.

d. If a demand for a judicial determination is made, and in the absence of an

action commenced under this section or a stipulated settlement, the attorney

general shall release the seized cigarettes to the person entitled to the

cigarettes.

e. If a demand for judicial determination is not made, the seized cigarettes must

be deemed forfeited to the state by operation of law and the cigarettes must

be destroyed.

3. The attorney general may seek an injunction to restrain a threatened or actual

violation of subsection 4, 7, 8, 9, or 10 of section 51-25.1-02 or subsection 1 or 4 of

section 51-25.1-04 by any person and to compel the person to comply with this

subsection. In an action brought under this section, the state is entitled to recover

the costs of investigation, costs of the action, and reasonable attorney's fees.

4. A person may not sell, distribute, acquire, hold, own, possess, transport, import, or

cause to be imported cigarettes the person knows or should know are intended for

distribution or sale in the state in violation of subsection 4, 7, 8, 9, or 10 of section
N.D. Cent. Code § 51-09-04 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-04
51-09-04. Authority of attorney general to investigate and prosecute unfair discrimination when complaint is made
Status: in_force

51-09-04. Authority of attorney general to investigate and prosecute unfair

discrimination when complaint is made.

If a complaint is made to the attorney general that any person is guilty of unfair

discrimination committed for any of the purposes enumerated in section 51-09-01, the attorney

general shall investigate the matter complained of, and for that purpose the attorney general

may subpoena witnesses, administer oaths, take testimony, and require the production of books

or other documents belonging to the person complained against. If, in the attorney general's

opinion, sufficient grounds exist therefor, the attorney general shall prosecute an action in the

name of the state of North Dakota to annul the charter, if the person complained against is a

corporation or limited liability company, or to revoke the permit or license of the person

complained against.
N.D. Cent. Code § 51-07-06 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-06
51-07-06. Money warranted genuine on exchange of money
Status: repealed

51-07-06. Money warranted genuine on exchange of money

Repealed by omission from this code.
N.D. Cent. Code § 51-31-05 — ND Code / Title 51 / Chapter 51-31 / Section 51-31-05
51-31-05. Enforcement - Powers - Remedies - Penalties
Status: in_force

51-31-05. Enforcement - Powers - Remedies - Penalties

The attorney general may enforce this chapter. In enforcing this chapter, the attorney

general has all the powers provided in this chapter or chapter 51-15 and may seek all remedies

in this chapter or chapter 51-15. A violation of this chapter constitutes a violation of chapter
N.D. Cent. Code § 51-15-09 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-09
51-15-09. Claims not barred
Status: in_force

51-15-09. Claims not barred

Except as provided in section 51-15-02.3, this chapter does not bar any claim for relief by

any person against any person who has acquired any moneys or property by means of any

practice declared to be unlawful in this chapter. If the court finds the defendant knowingly

committed the conduct, the court may order that the person commencing the action recover up

to three times the actual damages proven and the court must order that the person commencing

the action recover costs, disbursements, and actual reasonable attorney's fees incurred in the

action.
N.D. Cent. Code § 51-30-05 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-05
51-30-05. Method of notice
Status: in_force

51-30-05. Method of notice

Notice under this chapter may be provided by one of the following methods:

1. Written notice;

2. Electronic notice, if the notice provided is consistent with the provisions regarding

electronic records and signatures set forth in section 7001 of title 15 of the United

States Code; or

3. Substitute notice, if the person demonstrates that the cost of providing notice would

exceed two hundred fifty thousand dollars, or that the affected class of subject persons

to be notified exceeds five hundred thousand, or the person does not have sufficient

contact information. Substitute notice consists of the following:

a. Electronic mail notice when the person has an electronic mail address for the

subject persons;

b. Conspicuous posting of the notice on the person's website page, if the person

maintains one; and

c. Notification to major statewide media.
N.D. Cent. Code § 51-33-01 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-01
51-33-01. Definitions
Status: in_force

51-33-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Consumer report" has the same meaning as provided in 15 U.S.C. 1681(a)(d).

2. "Consumer reporting agency" means any person that for monetary fees or dues, or on

a cooperative nonprofit basis, regularly engages in the practice of assembling or

evaluating consumer credit information or other information on consumers for the

purpose of furnishing consumer reports to third parties, and which uses any means or

facility of interstate commerce for the purpose of preparing or furnishing consumer

reports.

3. "Proper identification" means information sufficient to verify identity. Only if the

consumer is unable to sufficiently provide self-identifying information may a consumer

reporting agency require additional information concerning the consumer's

employment and personal or family history in order to verify the consumer's identity.

4. "Security freeze" means a notice placed in a consumer's consumer report, at the

request of the consumer and subject to certain exceptions, that prohibits the consumer

reporting agency from releasing the consumer credit file or any information derived

from it, without the express authorization of the consumer. If a security freeze is in

place, information from a consumer's consumer credit file may not be released to a

third party without prior express authorization from the consumer. A security freeze

does not prevent a consumer reporting agency from advising a third party that a

security freeze is in effect with respect to the consumer report.

5. "Victim of identity theft" means a consumer who has a copy of a valid police report,

investigative report, or complaint to law enforcement evidencing that the consumer has

alleged to be a victim of identity theft.
N.D. Cent. Code § 51-34-06 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-06
51-34-06. Information security - No private claim for relief
Status: in_force

51-34-06. Information security - No private claim for relief

1. Telephone companies that maintain telephone records of a resident of this state shall

establish reasonable procedures to protect against unauthorized or fraudulent

disclosure of the records which could result in substantial harm or inconvenience to a

customer.

2. This section does not authorize a private claim for relief for a violation of this section.
N.D. Cent. Code § 51-35-03 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-03
51-35-03. Exemptions
Status: in_force

51-35-03. Exemptions

1. Section 51-35-02 does not apply to:

a. Purchases from another scrap metal dealer who regularly conducts scrap metal

business in this state.

b. Purchases from government agencies.

c. Purchases of scrap metal, excluding detached used catalytic converters, from

persons regularly engaged in the business of manufacturing metals or regularly

engaged in the business of generating and selling metals at wholesale, including

scrap processing or manufacturing that produces byproducts for scrap.

d. Purchases from a person with a business registered with the secretary of state

which is regularly engaged in the business of manufacturing catalytic converters

or vehicles, or regularly engaged in the business of generating detached used

catalytic converters in the ordinary course of the seller's business.

e. Purchases of scrap metal, excluding detached used catalytic converters, from

persons regularly engaged in the generation or transmission of electricity, or in

telephone, telegraph, or cable communications, if the person provides the scrap

metal dealer with a bill of sale or other written evidence of ownership of the scrap

metal purchased from the person.

2. Excluding a detached used catalytic converter, section 51-35-02 and section 51-35-05

do not apply to the purchase, trade, or barter of scrap metal, between an owner or

agent of a residential, commercial, or agricultural property and another person, for the

purpose of removing scrap metal, from the owner or agent's residential, commercial, or

agricultural property. This subsection applies only to the initial transaction between the

owner or agent and the person removing the scrap metal, and does not apply to a

subsequent sale of the same scrap metal.
N.D. Cent. Code § 51-06-03 — ND Code / Title 51 / Chapter 51-06 / Section 51-06-03
51-06-03. Penalty
Status: in_force

51-06-03. Penalty

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 51-23-18 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-18
51-23-18. Consent to service of process
Status: in_force

51-23-18. Consent to service of process

When a person, including a nonresident of this state, engages in conduct prohibited or

made actionable by this chapter or any rule or order of the commissioner, the engaging in the

conduct constitutes the appointment of the commissioner as the person's attorney to receive

service of any lawful process in a noncriminal proceeding against the person, a successor, or

personal representative, which grows out of that conduct and which is brought under this

chapter or any rule or order of the commissioner with the same force and validity as if served

personally.
N.D. Cent. Code § 51-10-05 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-05
51-10-05. Advertising, offering, or selling article at less than cost - Penalty
Status: in_force

51-10-05. Advertising, offering, or selling article at less than cost - Penalty

Any retailer or wholesaler who shall advertise, offer to sell, or sell any article of merchandise

at less than cost to such retailer or wholesaler as defined in this chapter, or who gives, offers to

give, or advertises the intent to give away any article of merchandise, with the intent, or with the

effect of injuring competitors and destroying competition, is guilty of a class A misdemeanor.
N.D. Cent. Code § 51-18-04.1 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-04.1
51-18-04.1. Notice to consumer - Contract requirement for sales by telepromoter
Status: in_force

51-18-04.1. Notice to consumer - Contract requirement for sales by telepromoter

In addition to the requirements of section 51-18-04, an agreement by a consumer to obtain

a consumer good or service from a telepromoter, seller, or seller's representative is not

enforceable unless it contains the following information:

1. The name, address, and telephone number of the telepromoter, seller, or seller's

representative;

2. A statement of the price or fee, including any handling, shipping, delivery, or other

charge being requested;

3. A detailed description of the consumer good or service; and

4. In a type size in a minimum of twelve points, in a space immediately preceding the

space allotted for the consumer signature, the statement: "YOU ARE NOT

OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND

RETURN IT TO THE SELLER."
N.D. Cent. Code § 51-12-03 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-03
51-12-03. Enforcement of provision prohibiting false advertisement
Status: repealed

51-12-03. Enforcement of provision prohibiting false advertisement

Repealed by S.L. 1961, ch. 310, § 2.
N.D. Cent. Code § 51-13-06.2 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-06.2
51-13-06.2. Applicability
Status: in_force

51-13-06.2. Applicability

No provision of this chapter applies to a retail installment sale of personal property if:

1. The cash price of the personal property exceeds twenty-five thousand dollars; or

2. The personal property is to be used primarily for a business, commercial, or

agricultural purpose, not a personal, family, or household purpose.
N.D. Cent. Code § 51-09-01 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-01
51-09-01. Unfair discrimination in purchase and sale of commodities
Status: in_force

51-09-01. Unfair discrimination in purchase and sale of commodities

Any person, firm, company, association, corporation, or limited liability company, foreign or

domestic, doing business in this state and engaged in the production, manufacture, or

distribution of any commodity in general use, that, for the purpose of destroying the business of

a competitor in any locality, intentionally shall discriminate between different sections,

communities, or cities of this state by selling such commodity at a lower rate in one section,

community, or city than is charged therefor by said party in another section, community, or city,

after making due allowance for the difference, if any, in the grade or quality and in the actual

cost of transportation from the point of production, if a raw product, or from the point of

manufacture, if a manufactured product, is guilty of unfair discrimination.
N.D. Cent. Code § 51-32-05 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-05
51-32-05. Registration and reporting requirements
Status: in_force

51-32-05. Registration and reporting requirements

1. Before making a delivery sale or shipping cigarettes in connection with a sale, a

person shall file with the tax commissioner a statement setting forth the person's

name, trade name, and the address of the person's principal place of business and

any other place of business.

2. Not later than the tenth day of each month, each person that has made a delivery sale

or shipped or delivered cigarettes in connection with any sale during the previous

calendar month shall file with the tax commissioner a memorandum or a copy of the

invoice, which provides for each delivery sale:

a. The name and address of the individual to whom the delivery sale was made;

b. The brand of the cigarettes that were sold in the delivery sale; and

c. The quantity of cigarettes that were sold in the delivery sale.
N.D. Cent. Code § 51-05.1-04.1 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-04.1
51-05.1-04.1. Written contracts
Status: in_force

51-05.1-04.1. Written contracts

An auctioneer may not sell the property of another at auction without a prior written contract

with the seller which sets forth the terms and conditions upon which the auctioneer will sell the

property. A similar contract governing the activities of the auction clerk is required between the

auction clerk and the seller. The auctioneer and clerk shall retain a copy of each contract for at

least two years after the auction. This section does not apply to consignment sales when the

value of the seller's property is less than five hundred dollars or to livestock markets. The

contract must contain:

1. The auctioneer's or clerk's name, trade or business name, business address, and

business telephone number.

2. A general description of the property to be sold at auction, any restrictions, and a

statement identifying whether the auctioneer or clerk is authorized to purchase at the

auction.

3. A description of the services to be provided and the consideration for the services. The

description must state which party is responsible for advertising and other expenses.

4. The date or dates when the items will be sold at auction.
N.D. Cent. Code § 51-19-02 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-02
51-19-02. Definitions
Status: in_force

51-19-02. Definitions

When used in this chapter, unless the context otherwise requires:

1. "Advertisement" means any written or printed communication by means of recorded

telephone messages or spoken on radio, television, or similar communications media

published in connection with an offer or sale of a franchise.

2. "Area franchise" means any contract or agreement between a franchisor and a

subfranchisor by which the subfranchisor is granted the right, for consideration given in

whole or in part for such right, to sell or negotiate the sale of franchises in the name or

on behalf of the franchisor.

3. "Business days" are all days other than every Saturday, every Sunday, and such other

days as are specified or provided for as holidays in this code.

4. "Commissioner" means the insurance commissioner.

5. a. "Franchise" means a contract or agreement, either expressed or implied, whether

oral or written, between two or more persons by which:

(1) A franchisee is granted the right to engage in the business of offering,

selling, or distributing goods or services under a marketing plan or system

prescribed in substantial part by a franchisor;

(2) The operation of the franchisee's business pursuant to such plan or system

is substantially associated with the franchisor's trademark, service mark,

trade name, logotype, advertising, or other commercial symbol designating

the franchisor or its affiliate; and

(3) The franchisee is required to pay, directly or indirectly, a franchise fee.

b. When used in this chapter, unless specifically stated otherwise, "franchise"

includes "area franchise".

6. "Franchise fee" means any fee or charge that a franchisee or subfranchisor is required

to pay or agrees to pay for the right to enter into a business under a franchise

agreement, including, but not limited to, any such payment for such goods and

services. However, the following may not be considered the payment of a franchise

fee:

a. The purchase or agreement to purchase goods at a bona fide wholesale price if

no obligation is imposed upon the purchaser to purchase or pay for a quantity of

such goods in excess of that which a reasonable businessperson normally would

purchase by way of a starting inventory or supply or to maintain a going inventory

or supply.

b. The payment of a reasonable service charge to the issuer of a credit card by an

establishment accepting or honoring such credit card.

c. Amounts paid to a trading stamp company by a person issuing trading stamps in

connection with the retail sale of merchandise or services.

d. Any other consideration which the commissioner by rule excludes from "franchise

fee".

7. "Franchisee" means a person to whom a franchise is granted.

8. "Franchisor" means a person who grants a franchise.

9. "Fraud" and "deceit" are not limited to common-law fraud and deceit.

10. "Order" means a consent, authorization, approval, prohibition, or requirement

applicable to a specific case issued by the commissioner.

11. "Person" means an individual, a corporation, a limited liability company, a partnership,

a joint venture, an association, a joint-stock company, a trust, or an unincorporated

organization.

12. "Publish" means publicly to issue or circulate by newspaper, mail, radio, or television

or otherwise to disseminate to the public.

13. "Rule" means any published regulation or standard of general application issued by

the commissioner.

14. a. (1) "Sale" or "sell" includes every contract or agreement of sale of, contract to

sell, or disposition of a franchise or interest in a franchise for value.

(2) "Offer" or "offer to sell" includes every attempt to offer to dispose of or

solicitation of an offer to buy a franchise or interest in a franchise for value.

The terms defined in this subsection do not include the renewal or extension

of an existing franchise where there is no interruption of the operation of the

franchised business by the franchisee.

(3) "Offer to purchase" includes every attempt to offer to acquire, or solicitation

of an offer to sell, a franchise or interest in a franchise for value.

b. (1) An offer or sale of a franchise is made in this state when an offer to sell is

made in this state or an offer to buy is accepted in this state, or, if the

franchisee is domiciled in this state, the franchised business is or will be

operated in this state.

(2) An offer to sell is made in this state when the offer either originates from this

state or is directed by the offeror to this state and received at the place to

which it is directed. An offer to sell is accepted in this state when acceptance

is communicated to the offeror in this state when the offeree directs it to the

offeror in this state reasonably believing the offeror to be in this state, and it

is received at the place to which it is directed.

(3) An offer to sell is not made in this state merely because the publisher

circulates or there is circulated on the publisher's behalf in this state any

bona fide newspaper or other publication of general, regular, and paid

circulation which has had more than two-thirds of its circulation outside this

state during the past twelve months, or a radio or television program

originating outside this state is received in this state.

15. "State" means any state, territory, or possession of the United States, the District of

Columbia, and Puerto Rico.

16. "Subfranchisor" means a person to whom an area franchise is granted.
N.D. Cent. Code § 51-09-06 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-06
51-09-06. Complaint to secretary of state of violation of chapter - Referring complaint to attorney general
Status: in_force

51-09-06. Complaint to secretary of state of violation of chapter - Referring complaint

to attorney general.

If a complaint is made to the secretary of state that any corporation or limited liability

company authorized to do business in this state is guilty of unfair discrimination within the

provisions of this chapter, the secretary of state shall refer the matter to the attorney general,

who, if the facts justify it in the attorney general's judgment, may institute proceedings against

such corporation or limited liability company.
N.D. Cent. Code § 51-07-15 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-15
51-07-15. Use of electronic or magnetic scanners in retail foodstores - Item pricing required - Exceptions - Penalty
Status: in_force

51-07-15. Use of electronic or magnetic scanners in retail foodstores - Item pricing

required - Exceptions - Penalty.

Except as otherwise provided in this section, every retail foodstore which uses electronic or

magnetic scanners to read prices shall clearly post the selling price of each item in Arabic

numerals, by stamp, tag, label, or other conspicuous marking device. If a product is packaged

for sale in quantities of more than one, the total price must be posted. The posting must be by a

label securely affixed on each item or by a label posted on the shelf edge immediately below or

above the item. Compliance with this section is not required for items not marked in accordance

with a uniform products code or any similar marking system designed to be scanned by

electronic or magnetic checkout equipment. Any person who violates this section is guilty of an

infraction.
N.D. Cent. Code § 51-21-03 — ND Code / Title 51 / Chapter 51-21 / Section 51-21-03
51-21-03. Detention of suspect - Procedure
Status: in_force

51-21-03. Detention of suspect - Procedure

Any peace officer or merchant who reasonably believes that a person has committed, or is

in the process of committing, theft may detain such person, on or off the premises of a retail

mercantile establishment, in a reasonable manner and for a reasonable length of time for all or

any of the following purposes:

1. To require the person to identify oneself.

2. To verify such identification.

3. To determine whether such person has in the person's possession unpurchased

merchandise and, if so, to recover such merchandise.

4. To inform a peace officer of the detention of the person and surrender custody of that

person to a peace officer.

5. In the case of a minor, to inform a peace officer, the parents, guardian, or other private

person interested in the welfare of that minor of this detention and to surrender

custody of said minor to the person informed.
N.D. Cent. Code § 51-34-07 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-07
51-34-07. Deceptive act or practice - Enforcement - Powers - Remedies - Venue
Status: in_force

51-34-07. Deceptive act or practice - Enforcement - Powers - Remedies - Venue

The state's attorney or attorney general may enforce this chapter. In enforcing this chapter,

the attorney general has all the powers provided in chapter 51-15 and may seek all the

remedies in chapter 51-15. A violation of this chapter is a violation of chapter 51-15. The

remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition

to all other causes of action, remedies, and penalties under chapter 51-15 and as otherwise

provided by law. The attorney general may bring an action pursuant to this section in either the

county of the customer's residence or Burleigh County.
N.D. Cent. Code § 51-33-06 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-06
51-33-06. Nonapplicability
Status: in_force

51-33-06. Nonapplicability

Sections 51-33-01 through 51-33-05 do not apply to the use of a consumer report by any of

the following:

1. A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an

assignee of a financial obligation owing by the consumer to that person or entity, or a

prospective assignee of a financial obligation owing by the consumer to that person or

entity in conjunction with the proposed purchase of the financial obligation, with which

the consumer has or had prior to assignment an account or contract, including a

demand deposit account, or to whom the consumer issued a negotiable instrument, for

the purposes of reviewing the account or collecting the financial obligation owing for

the account, contract, or negotiable instrument. For purposes of this subsection,

"reviewing the account" includes activities related to account maintenance, monitoring,

credit line increases, and account upgrades and enhancements;

2. A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom

access has been granted under section 51-33-04 for purposes of facilitating the

extension of credit or other permissible use;

3. Any federal, state, or local governmental entity, including a law enforcement agency,

court, or its agents or assigns;

4. A private collection agency acting under a court order, warrant, or subpoena;

5. Any person or entity for the purposes of prescreening as provided for by the Fair

Credit Reporting Act [15 U.S.C. 1681 et seq.];

6. Any person or entity administering a credit file monitoring subscription service to which

the consumer has subscribed;

7. Any person or entity for the purpose of providing a consumer with a copy of the

consumer's consumer report upon the consumer's request;

8. Any person or entity for use in setting or adjusting a rate, adjusting a claim, or

underwriting for insurance purposes. This exemption does not determine or affect

whether these uses are permitted under other law; and

9. A consumer reporting agency for its database or file that consists entirely of

information concerning, and used solely for, one or more of the following:

a. Criminal record information;

b. Tenant screening;

c. Employment screening; and

d. Fraud prevention or detection.
N.D. Cent. Code § 51-28-22 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-22
51-28-22. Venue
Status: in_force

51-28-22. Venue

The attorney general or a plaintiff in a private enforcement action may bring an action

pursuant to this chapter in either the county of the telephone subscriber's residence or Burleigh

County.
N.D. Cent. Code § 51-16.1-03 — ND Code / Title 51 / Chapter 51-16.1 / Section 51-16.1-03
51-16.1-03. Referral selling prohibited
Status: in_force

51-16.1-03. Referral selling prohibited

No seller or lessor may give or offer a rebate, discount, or anything of value to a buyer or

lessee as an inducement for a sale or lease in consideration of the buyer or lessee giving to the

seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or

lessor in making a sale to another person, if the earning of the rebate, discount, or other thing of

value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee

agrees to the sale or lease.
N.D. Cent. Code § 51-07-23 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-23
51-07-23. Unsolicited telefacsimile advertising
Status: in_force

51-07-23. Unsolicited telefacsimile advertising

It is unlawful for any person to initiate the unsolicited transmission of a telefacsimile

message promoting a good or service for purchase by the recipient of the message. The term

"telefacsimile" as used in this section means any process in which an electronic signal is

transmitted by telephone line for conversion into written text. This section does not apply to a

telefacsimile message sent to a recipient with whom the initiator has had a prior contractual or

business relationship, nor does it apply to transmissions not exceeding two pages which are

transmitted between the hours of nine p.m. and six a.m. Notwithstanding the above, it is

unlawful to initiate a telefacsimile message to a recipient who has previously sent a written or

telefacsimile message to the initiator clearly indicating that the recipient does not want to

receive any telefacsimile from the initiator. A person who transmits an unsolicited telefacsimile

message in violation of this section is liable to the recipient of that message for fifty dollars per

month for each month in which the recipient receives the unsolicited message.
N.D. Cent. Code § 51-24-06 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-06
51-24-06. Thirty-day return
Status: in_force

51-24-06. Thirty-day return

A commercial seller or commercial lessor who sells or leases an assistive technology device

to a consumer may not refuse to accept a return of the assistive technology device within thirty

days after the purchase or lease if the assistive technology device has not met the needs of the

consumer.
N.D. Cent. Code § 51-15-02 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-02
51-15-02. Unlawful practices - Fraud - Misrepresentation - Unconscionable
Status: in_force

51-15-02. Unlawful practices - Fraud - Misrepresentation - Unconscionable

The act, use, or employment by any person of any deceptive act or practice, fraud, false

pretense, false promise, or misrepresentation, with the intent that others rely thereon in

connection with the sale or advertisement of any merchandise, whether or not any person has in

fact been misled, deceived, or damaged thereby, is declared to be an unlawful practice. The act,

use, or employment by any person of any act or practice, in connection with the sale or

advertisement of any merchandise, which is unconscionable or which causes or is likely to

cause substantial injury to a person which is not reasonably avoidable by the injured person and

not outweighed by countervailing benefits to consumers or to competition, is declared to be an

unlawful practice.
N.D. Cent. Code § 51-19-18 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-18
51-19-18. Franchisor-franchisee liability protection
Status: in_force

51-19-18. Franchisor-franchisee liability protection

Notwithstanding any other provision of law or any voluntary agreement between the United

States department of labor and a franchisee, a franchisee or an employee of a franchisee is not

considered an employee of the franchisor.
N.D. Cent. Code § 51-27-02 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-02
51-27-02. False or misleading messages prohibited (Contingent expiration date - See note)
Status: in_force

51-27-02. False or misleading messages prohibited. (Contingent expiration date - See

note)

1. A person may not initiate the transmission, conspire with another to initiate the

transmission, or assist the transmission of a commercial electronic mail message from

a computer located in this state or to an electronic mail address that the sender knows,

or has reason to know, is held by a resident of this state that:

a. Uses a third-party's internet domain name without permission of the third party or

otherwise misrepresents or obscures any information in identifying the point of

origin or the transmission path of a commercial electronic mail message; or

b. Contains false or misleading information in the subject line.

2. For purposes of this section, a person knows that the intended recipient of a

commercial electronic mail message is a resident of this state if that information is

available, upon request, from the registrant of the internet domain name contained in

the recipient's electronic mail address.
N.D. Cent. Code § 51-09-02 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-02
51-09-02. Penalty for unfair discrimination
Status: in_force

51-09-02. Penalty for unfair discrimination

Any person violating any of the provisions of section 51-09-01 is guilty of a class A

misdemeanor.
N.D. Cent. Code § 51-12-11 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-11
51-12-11. Used merchandise or seconds
Status: in_force

51-12-11. Used merchandise or seconds

It is unlawful for any person in any newspaper, magazine, circular, form letter, or any open

publication, published, distributed, or circulated in this state or on any billboard, card, label, or

other advertising medium, or by means of any other advertising device, to advertise, call

attention to, or give publicity to the sale of any merchandise, which merchandise is secondhand

or used merchandise, or which merchandise is defective in any manner, or which merchandise

consists of articles or units or parts known as "seconds", or blemished merchandise, or which

merchandise has been rejected by the manufacturer thereof as not first class, unless there be

conspicuously displayed directly in connection with the name and description of such

merchandise and each specified article, unit, or part thereof, a direct and unequivocal

statement, phrase, or word which will clearly indicate that such merchandise or each article,

unit, or part thereof so advertised is secondhand, used, defective, or consists of "seconds" or is

blemished merchandise, or has been rejected by the manufacturer thereof, as the fact shall be.
N.D. Cent. Code § 51-32-08 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-08
51-32-08. Enforcement
Status: in_force

51-32-08. Enforcement

The attorney general or any person who holds a permit under 26 U.S.C. 5712 may bring an

action in the appropriate court in the state to prevent or restrain a violation of this chapter by any

person.
N.D. Cent. Code § 51-18-04 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-04
51-18-04. Agreement requirement
Status: in_force

51-18-04. Agreement requirement

No agreement of the buyer in a personal solicitation sale is enforceable unless it is in

writing, dated, contains the signature of the buyer, and contains a conspicuous notice in

substantially the following form:

NOTICE TO BUYER

1. Do not sign this agreement if any of the spaces intended for the agreed terms to the

extent of then available information are left blank.

2. You are entitled to a copy of this agreement at the time you sign it.

3. You may pay off the full unpaid balance due under this agreement at any time, and in

so doing you may receive a full rebate of the unearned finance and insurance charges.

4. You may cancel this transaction at any time prior to midnight of the third business day

after the date of this transaction. See the attached notice of cancellation form for an

explanation of this right.

5. The seller cannot enter your premises unlawfully or commit any breach of the peace to

repossess goods purchased under this agreement.

The agreement must also have attached the following completed form, in duplicate:

NOTICE OF CANCELLATION

(Enter date of transaction)

1. You may cancel this transaction, without any penalty or obligation, within three

business days from the above date.

2. If you cancel, any property traded in, any payments made by you under the contract or

sale, and any negotiable instrument executed by you will be returned within ten

business days following receipt by the seller of your cancellation notice, and any

security interest arising out of the transaction will be canceled.

3. If you cancel, you must make available to the seller at your residence, in substantially

as good condition as when received, any goods delivered to you under this contract or

sale; or you may, if you wish, comply with the instructions of the seller regarding the

return shipment of the goods at the seller's expense and risk.

4. If you do make the goods available to the seller and the seller does not pick them up

within twenty days of the date of your notice of cancellation, you may retain or dispose

of the goods without any further obligation. If you fail to make the goods available to

the seller, or if you agree to return the goods to the seller and fail to do so, then you

remain liable for performance of all obligations under the contract.

5. Buyer acknowledges receiving an oral notification that the buyer may cancel this

transaction at any time before midnight of the third business day after the date of this

transaction or fifteen business days if the buyer is sixty-five years of age or older.

(Date)

(Buyer's signature)

6. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation

notice or any other written notice, or send an electronic mail message to (electronic

mail address of seller), to (name of seller), at (address of seller's place of business)

not later than midnight of (date).

I hereby cancel this transaction.

(Date)

(Buyer's signature)

If the buyer is sixty-five years of age or older, and the purchase price of the product is

greater than fifty dollars, the agreement required by this chapter must either state that the buyer

may cancel the agreement within fifteen business days in accordance with this chapter, or state

in a conspicuous manner that if the buyer is not satisfied with the product for any reason, the

buyer may contact the seller within a period of not less than thirty days from the date of

purchase for a full refund of the purchase price, if the product has not been intentionally

damaged or misused.
N.D. Cent. Code § 51-13-03.1 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-03.1
51-13-03.1. Payment to last-known holder
Status: in_force

51-13-03.1. Payment to last-known holder

Unless the buyer has notice of actual or intended assignment of a retail installment contract,

payment made by the buyer to the last-known holder of the contract is binding upon all

subsequent holders or assignees.
N.D. Cent. Code § 51-23-12 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-12
51-23-12. Enforcement of chapter
Status: in_force

51-23-12. Enforcement of chapter

1. If the commissioner believes, whether or not based upon an investigation conducted

under section 51-23-11, that any person has engaged or is about to engage in any act

or practice constituting a violation of any provision of this chapter or any rule or order

hereunder, the commissioner may:

a. Issue a cease and desist order;

b. Issue an order imposing a civil penalty in an amount which may not exceed ten

thousand dollars for any single violation or one hundred thousand dollars for

multiple violations in a single proceeding or a series of related proceedings; and

c. Initiate any of the actions specified in subsection 2.

2. The commissioner may institute any of the following actions in the appropriate courts

of this state, or in the appropriate courts of another state, in addition to any legal or

equitable remedies otherwise available:

a. A declaratory judgment;

b. An action for a prohibitory or mandatory injunction to enjoin the violation and to

ensure compliance with this chapter or any rule or order of the commissioner;

c. An action for disgorgement; and

d. An action for appointment of a receiver or conservator for the defendant or the

defendant's assets.
N.D. Cent. Code § 51-33-12 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-12
51-33-12. Notice of rights
Status: in_force

51-33-12. Notice of rights

At any time that a consumer is required to receive a summary of rights required under 15

U.S.C. 1681g or under North Dakota law, the following notice shall be included:

North Dakota Consumers Have the Right to Obtain a Security Freeze

You may obtain a security freeze on your consumer credit file at no charge to protect your

privacy and ensure that credit is not granted in your name without your knowledge. You have a

right to place a "security freeze" on your consumer credit file pursuant to North Dakota law.

The security freeze will prohibit a consumer reporting agency from releasing any information

in your consumer credit file without your express authorization or approval.

The security freeze is designed to prevent credit, loans, and services from being approved

in your name without your consent. When you place a security freeze on your credit file, within

five business days you will be provided a personal identification number or password to use if

you choose to remove the freeze on your credit file or to temporarily authorize the release of

your credit report or credit score for a specific party, parties, or period of time after the freeze is

in place. To provide that authorization, you must contact the consumer reporting agency and

provide all of the following:

1. The unique personal identification number or password provided by the consumer

reporting agency.

2. Proper identification to verify your identity.

3. The proper information regarding the third party or parties who are to receive the credit

report or the period of time for which the report shall be available to users of the credit

report.

A consumer reporting agency that receives a request from a consumer to lift temporarily a

freeze shall comply with the request no later than three business days after receiving the

request.

A consumer reporting agency may charge you up to five dollars each time you freeze or

temporarily lift the freeze, except a consumer reporting agency may not charge any amount to a

victim of identity theft who has submitted a copy of a valid investigative report or complaint to a

law enforcement agency about the unlawful use of the victim's information by another person.

A security freeze does not apply to circumstances where you have an existing account

relationship and a copy of your report is requested by your existing creditor or its agents or

affiliates for certain types of account review, collection, fraud control, or similar activities.

If you are actively seeking a new credit, loan, utility, or telephone account, you should

understand that the procedures involved in lifting a security freeze may slow your own

applications for credit. You should plan ahead and lift a freeze - either completely if you are

shopping around, or specifically for a certain creditor - with enough advance notice before you

apply for new credit for the lifting to take effect.

You have a right to bring a civil action against someone who violates your rights under the

credit reporting laws. The action can be brought against a consumer reporting agency or a user

of your credit report.
N.D. Cent. Code § 51-13-03 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-03
51-13-03. Finance charge limitation
Status: reserved

51-13-03. Finance charge limitation

1. A retail seller may contract for in a retail installment contract and charge, receive, and

collect the finance charge computed on the principal balance of the contract or

obligation from the date thereof until paid. A retail seller who complies with the

disclosure provisions of this chapter is deemed a regulated lender under section

47-14-09.

2. The finance charge must be computed on the amount financed as determined under

subdivision c of subsection 2 of section 51-13-02. This finance charge may be

precomputed on the amount financed calculated on the assumption that all scheduled

payments will be paid when due and the effect of prepayment is governed by the

provisions on rebate upon prepayment.

3. When a retail installment contract provides for unequal or irregular installments, the

finance charge must be at the effective rate provided in subsection 1, having due

regard for the schedule of installments.

4. The finance charge must be inclusive of all charges incident to investigating and

making the contract, and for the extension of the credit provided for in the contract and

no fee, expense, or other charge whatsoever may be taken, received, reserved, or

contracted for except as provided in this section and in subdivision e of subsection 2 of

section 51-13-02 and for those items expressly provided for in the retail installment

contract as set forth in subdivision c of subsection 2 of section 51-13-02.
N.D. Cent. Code § 51-21-02 — ND Code / Title 51 / Chapter 51-21 / Section 51-21-02
51-21-02. Presumption
Status: in_force

51-21-02. Presumption

Any person concealing upon that person's person or among that person's belongings, or

causing to be concealed upon the person or among the belongings of another, unpurchased

merchandise displayed, held, offered, or stored for sale in a retail mercantile establishment and

removing it to a point beyond the last station for receiving payments in that retail mercantile

establishment shall be prima facie presumed to have so concealed such merchandise with the

intention of permanently depriving the merchant of possession or of the full retail value of such

merchandise.
N.D. Cent. Code § 51-23-08 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-08
51-23-08. Liability of principals, controlling persons, and others
Status: in_force

51-23-08. Liability of principals, controlling persons, and others

1. The act, omission, or failure of any official, agent, or other person acting for any

individual, association, partnership, corporation, limited liability company, or trust within

the scope of the person's employment or office must be deemed the act, omission, or

failure of such individual, association, partnership, corporation, limited liability

company, or trust, as well as of such official, agent, or other person.

2. Every person who directly or indirectly controls another person liable under any

provision of this chapter, every partner, officer, or director of such other person, every

person occupying a similar status or performing similar functions, and every employee

of such other person who materially aids in the violation is also liable jointly and

severally with and to the same extent as such other person, unless the person who is

also liable by virtue of this provision sustains the burden of proof that the person did

not know, and in the exercise of reasonable care could not have known, of the

existence of the facts by reason of which the liability is alleged to exist.
N.D. Cent. Code § 51-26-01 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-01
51-26-01. Definitions
Status: in_force

51-26-01. Definitions

As used in this chapter:

1. "Collateral charges" means those additional charges to a consumer not directly

attributable to a manufacturer's suggested retail price label for farm machinery.

2. "Comparable farm machinery" means an identical or reasonably equivalent piece of

farm machinery.

3. "Consumer" means the purchaser, other than for the purposes of resale of new farm

machinery primarily used for agricultural purposes; any person to whom the new farm

machinery is transferred for the same purposes during the duration of an express

warranty applicable to that new farm machinery; and any other person entitled by the

terms of the warranty to enforce the obligations of the warranty.

4. "Express warranty" means any written affirmation of fact or promise made by a

manufacturer to a consumer in connection with the sale of new farm machinery which

relates to the nature of the material or workmanship or will meet a specified level of

performance over a specified period of time. The term does not include an implied

warranty.

5. "Farm machinery" means any self-propelled equipment or machinery used for

agricultural purposes being transferred for the first time from a manufacturer,

distributor, or new farm machinery dealer which has not been registered or titled and

which is offered for sale, barter, or exchange by a dealer who is franchised to sell,

barter, or exchange that particular make of new farm machinery. The term includes

farm machinery propelled by power other than muscular power but does not include

off-road vehicles other than self-propelled equipment and machinery used for

agricultural purposes.

6. "Manufacturer" means any person engaged in the manufacturing or assembling of new

farm machinery as a regular business.

7. "Nonconformity" means any condition of the farm machinery which makes it impossible

to use for the purpose for which it was intended.

8. "Reasonable allowance for consumer use" means:

a. That amount attributable to use by the consumer before the consumer's first

report of the nonconformity to the manufacturer or its authorized dealers;

b. That amount attributable to use by the consumer during any period subsequent to

the first report of nonconformity when the farm machinery is not out of service by

reason of repair of the reported nonconformity; and

c. That amount attributable to use by the consumer of the farm machinery provided

by the manufacturer or its authorized dealer while the machine is out of service

by reason of repair of the reported nonconformity, but not less than the fair rental

value of the farm machinery.
N.D. Cent. Code § 51-27-10 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-10
51-27-10. Fraudulent or misleading communications - Penalty
Status: in_force

51-27-10. Fraudulent or misleading communications - Penalty

1. A person is guilty of a class C felony if, with intent to defraud or injure an individual, or

with knowledge that the person is facilitating a fraud or injury to be perpetrated by any

other person:

a. The actor makes any communication that is not true and is calculated to mislead

by purporting to be by or on behalf of another person without the authority or

approval of that person; and

b. The actor uses that communication to induce, request, or solicit the individual to

provide property or identifying information.

2. A person is guilty of a class C felony if, with intent to defraud or injure an individual, or

with knowledge that a person is facilitating a fraud or injury to be perpetrated by any

other person:

a. The actor creates or operates a web page that falsely represents the actor as

being associated with another person without the authority or approval of that

person and the web page may induce a user of the internet to provide property or

identifying information; or

b. The actor alters a setting on a user's computer or similar device or software

program through which the user may search the internet, the alteration causes

the user to view a communication that falsely represents the actor as being

associated with another person, and the communication has been created or is

operated without the authority or approval of the other person and induces,

requests, or solicits the user to provide property or identifying information.
N.D. Cent. Code § 51-30-06 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-06
51-30-06. Alternate compliance
Status: in_force

51-30-06. Alternate compliance

Notwithstanding section 51-30-05, a person that maintains its own notification procedures

as part of an information security policy for the treatment of personal information and is

otherwise consistent with the timing requirements of this chapter is deemed to be in compliance

with the notification requirements of this chapter if the person notifies subject individuals in

accordance with its policies in the event of a breach of security of the system. A financial

institution, trust company, or credit union that is subject to, examined for, and in compliance with

the federal interagency guidance on response programs for unauthorized access to customer

information and customer notice is in compliance with this chapter. A covered entity, business

associate, or subcontractor subject to breach notification requirements under title 45, Code of

Federal Regulations, subpart D, part 164, is considered to be in compliance with this chapter.
N.D. Cent. Code § 51-33-08 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-08
51-33-08. Fees
Status: in_force

51-33-08. Fees

1. A consumer reporting agency may charge a fee not to exceed five dollars for placing

or temporarily lifting a security freeze unless:

a. The consumer is a victim of identity theft; and

b. The consumer provides, or has already provided in connection with the security

freeze, the consumer reporting agency with a valid copy of a police report or a

police case number documenting the identity theft, investigative report, or

complaint to a law enforcement agency.

2. In addition to the charge, if any, permitted under this section, a consumer may be

charged no more than five dollars if the consumer fails to retain the original personal

identification number given to the consumer by the agency, but the consumer may not

be charged for a one-time reissue of the same or a new personal identification

number. The consumer may be charged no more than five dollars for subsequent

instances of loss of the personal identification number. No other fees may be imposed

in connection with the security freeze.
N.D. Cent. Code § 51-23-07 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-07
51-23-07. Fraudulent conduct
Status: in_force

51-23-07. Fraudulent conduct

No person may, directly or indirectly:

1. Cheat or defraud, or attempt to cheat or defraud, any other person or employ any

device, scheme, or artifice to defraud any other person;

2. Make any false report, enter any false record, or make any untrue statement of a

material fact or omit to state a material fact necessary in order to make the statements

made, in the light of the circumstances under which they were made, not misleading;

3. Engage in any transaction, act, practice, or course of business, including, without

limitation, any form of advertising or solicitation, which operates or would operate as a

fraud or deceit upon any person; or

4. Misappropriate or convert the funds, security, or property of any other person;

in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer

to enter into, or the entry into of, any commodity contract or commodity option subject to the

provisions of section 51-23-03 or 51-23-04, or subdivision b or d of subsection 1 of section
N.D. Cent. Code § 51-12-02 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-02
51-12-02. Penalty
Status: in_force

51-12-02. Penalty

Any person who violates any of the provisions of section 51-12-01 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 51-28-08 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-08
51-28-08. Interference with caller identification
Status: in_force

51-28-08. Interference with caller identification

A caller who makes a telephone solicitation to a subscriber in this state may not knowingly

use any method to block or otherwise deliberately circumvent the subscriber's use of a caller

identification service.
N.D. Cent. Code § 51-05.1-01.2 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-01.2
51-05.1-01.2. Exemptions
Status: in_force

51-05.1-01.2. Exemptions

Registration under this chapter is not required for the following:

1. Sale of an estate by an executor or an administrator.

2. Sale by a sheriff or other person under court order.

3. Sale by a public official acting in an official capacity.

4. Sale of purebred or registered livestock.
N.D. Cent. Code § 51-25-01 — ND Code / Title 51 / Chapter 51-25 / Section 51-25-01
51-25-01. Definitions
Status: in_force

51-25-01. Definitions

1. "Adjusted for inflation" means increased in accordance with the formula for inflation

adjustment set forth in exhibit C to the master settlement agreement.

2. "Affiliate" means a person who directly or indirectly owns or controls, is owned or

controlled by, or is under common ownership or control with, another person. Solely for

purposes of this definition, the terms "owns", "is owned", and "ownership" mean

ownership of an equity interest, or the equivalent thereof, of ten percent or more, and

the term "person" means an individual, partnership, committee, association,

corporation, or any other organization or group of persons.

3. "Allocable share" means allocable share as that term is defined in the master

settlement agreement.

4. "Cigarette" means any product that contains nicotine, is intended to be burned or

heated under ordinary conditions of use, and consists of or contains:

a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

b. Tobacco, in any form, that is functional in the product, which, because of its

appearance, the type of tobacco used in the filler, or its packaging and labeling, is

likely to be offered to, or purchased by, consumers as a cigarette; or

c. Any roll of tobacco wrapped in any substance containing tobacco which, because

of its appearance, the type of tobacco used in the filler, or its packaging and

labeling, is likely to be offered to, or purchased by, consumers as a cigarette

described in subdivision a.

The term "cigarette" includes "roll-your-own", which means any tobacco that, because

of its appearance, type, packaging, or labeling is suitable for use and likely to be

offered to, or purchased by, consumers as tobacco for making cigarettes. For

purposes of this definition of "cigarette", 0.09 ounces [2.556 grams] of "roll-your-own"

tobacco constitutes one individual "cigarette".

5. "Master settlement agreement" means the settlement agreement and related

documents entered on November 23, 1998, by the state and leading United States

tobacco product manufacturers.

6. "Qualified escrow fund" means an escrow arrangement with a federally or state

chartered financial institution having no affiliation with any tobacco product

manufacturer and having assets of at least one billion dollars if the arrangement

requires that the financial institution hold the escrowed funds' principal for the benefit

of releasing parties and prohibits the tobacco product manufacturer placing the funds

into escrow from using, accessing, or directing the use of the funds' principal except as

consistent with subdivision b of subsection 2 of section 51-25-02.

7. "Released claims" means released claims as that term is defined in the master

settlement agreement.

8. "Releasing parties" means releasing parties as that term is defined in the master

settlement agreement.

9. "Tobacco product manufacturer" means an entity that after April 8, 1999, directly, and

not exclusively through any affiliate:

a. Manufactures cigarettes anywhere that the manufacturer intends to be sold in the

United States, including cigarettes intended to be sold in the United States

through an importer (except when the importer is an original participating

manufacturer, as that term is defined in the master settlement agreement, which

will be responsible for the payments under the master settlement agreement with

respect to such cigarettes as a result of the provisions of subsection II(mm) of the

master settlement agreement and which pays the taxes specified in

subsection II(z) of the master settlement agreement, and provided that the

manufacturer of such cigarettes does not market or advertise the cigarettes in the

United States);

b. Is the first purchaser anywhere for resale in the United States of cigarettes

manufactured anywhere which the manufacturer does not intend to be sold in the

United States; or

c. Becomes a successor of an entity described in subdivision a or b.

The term "tobacco product manufacturer" does not include an affiliate of a tobacco

product manufacturer unless the affiliate itself falls within subdivision a, b, or c.

10. "Units sold" means the number of individual cigarettes sold in the state by the

applicable tobacco product manufacturer, whether directly or through a distributor,

retailer, or similar intermediary or intermediaries, during the year in question, on which

the state has authority under federal and state law to collect excise tax under chapter

57-36, notwithstanding whether the state excise tax was imposed or collected.

Cigarettes exempt from state excise tax under federal law are specifically excluded

from this definition. The state tax commissioner shall adopt rules as are necessary to

ascertain the amount of state excise tax paid on the cigarettes of the tobacco product

manufacturer for each year.
N.D. Cent. Code § 51-28-16 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-16
51-28-16. Costs recoverable in adjudicative proceeding - Hearing costs
Status: in_force

51-28-16. Costs recoverable in adjudicative proceeding - Hearing costs

If the attorney general prevails in an adjudicative proceeding pursuant to section 51-28-14

or 51-28-15, the attorney general may assess the nonprevailing person for all adjudicative

proceeding and hearing costs, including reasonable attorney's fees, investigation fees, costs,

and expenses of any investigation and action brought under the provisions of this chapter.
N.D. Cent. Code § 51-05.1-01 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-01
51-05.1-01. Auctioneering or clerking - Registration
Status: in_force

51-05.1-01. Auctioneering or clerking - Registration

A person may not conduct a sale as an auctioneer or clerk unless registered with the

secretary of state.
N.D. Cent. Code § 51-19-13 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-13
51-19-13. Powers of the commissioner - Civil penalty
Status: in_force

51-19-13. Powers of the commissioner - Civil penalty

1. Whenever it appears to the commissioner that any person has engaged or is about to

engage in any act or practice constituting a violation of any provision of this chapter or

any rule or order hereunder, the commissioner may bring an action in the name of the

people of the state of North Dakota in the district court to enjoin the acts or practices or

to enforce compliance with this chapter or any rule or order hereunder. Upon a proper

showing, a permanent or preliminary injunction, restraining order, or writ of mandamus

must be granted and a receiver or conservator may be appointed for the defendant or

the defendant's assets. The court may not require the commissioner to post a bond.

2. a. The commissioner may make such public and private investigations within or

outside of this state as the commissioner deems necessary to determine whether

any person has violated or is about to violate any provision of this chapter or any

rule or order hereunder or to aid in the enforcement of this chapter or in the

prescribing of rules and forms hereunder and publish information concerning the

violation of this chapter or any rule or order hereunder.

b. The commissioner may require or permit any person to file a statement under

oath or otherwise subject to the penalties of perjury as the commissioner requires

in writing as to all the facts and circumstances concerning the matter to be

investigated. Failure to reply with all required information to the commissioner's

letter within fifteen days after receipt thereof shall be the basis for issuance of a

cease and desist order.

c. For the purpose of any investigation or proceeding under this chapter, the

commissioner or any officer designated by the commissioner may administer

oaths and affirmations, subpoena witnesses and compel their attendance, take

evidence, and require the production of any books, papers, correspondence,

memoranda, agreements, or other documents or records which the commissioner

deems relevant or material to the inquiry.

d. In case of contumacy by, or refusal to obey a subpoena issued to, any person,

the district court upon application by the commissioner may issue to the person

an order requiring the person to appear before the commissioner or the officer

designated by the commissioner there to produce documentary evidence, if so

ordered, or to give evidence touching the matter under investigation or in

question. Failure to obey the order of the court may be punished by the court as a

contempt.

e. No person is excused from attending and testifying or from producing any

document or record before the commissioner or in obedience to the subpoena of

the commissioner or any officer designated by the commissioner or in any

proceeding instituted by the commissioner on the ground that the testimony or

evidence, documentary or otherwise, required of the person may tend to

incriminate the person or subject the person to a penalty or forfeiture. No

testimony or evidence, documentary or otherwise, compelled from an individual

after a valid claim of the privilege against self-incrimination has been made may

be used against the individual in any criminal proceeding, or in any proceeding to

subject the individual to a penalty or forfeiture, except that the individual testifying

is not exempt from prosecution and punishment for perjury or contempt

committed in testifying.

f. If, in the opinion of the commissioner, the offer of any franchise is subject to

registration under this chapter and it is being or has been offered for sale without

the offer first being registered, the commissioner may order the franchisor or

offeror of the franchise to desist and refrain from the further offer or sale of the

franchise unless and until the offer has been duly registered under this chapter. In

addition to any other remedy authorized by this chapter, the commissioner may

impose by order and collect a civil penalty in an amount not to exceed ten

thousand dollars for each violation against any person found in an administrative

action to have violated this chapter. The commissioner may bring an action in

district court to recover penalties under this section. If, within fifteen days after the

order has been served on the respondent, a request for a hearing is filed in

writing by the person to whom the order was directed, a hearing must be held

within fifteen business days after the request is made unless the persons affected

consent to a later date. If a request for hearing is not made within the fifteen days

permitted herein, the order is final.

g. If, in the opinion of the commissioner, the offer of any franchise exempt from

registration under this chapter is being or has been offered for sale without

complying with section 51-19-04 or subsection 2 of section 51-19-11, the

commissioner may order the franchisor or offeror of the franchise to desist and

refrain from the further offer or sale of the franchise unless and until an offer is

made in compliance with this chapter. In addition to any other remedy authorized

by this chapter, the commissioner may impose by order and collect a civil penalty

in an amount not to exceed ten thousand dollars for each violation against any

person found in an administrative action to have violated this chapter. The

commissioner may bring an action in district court to recover penalties under this

section. If, within fifteen days after the order has been served on the respondent,

a request for a hearing is filed in writing by the person to whom the order was

directed, a hearing must be held within fifteen business days after the date. If a

request for hearing is not made within the fifteen days permitted herein, the order

is final.

h. The commissioner may refer evidence available concerning any violation of this

chapter or of any rule or order issued under this chapter to the appropriate

criminal prosecutor who may, with or without the reference, institute criminal

proceedings under this chapter. The criminal prosecutor may apply for and on

due showing be issued the court's subpoena requiring the appearance forthwith

of any defendant and the defendant's agents, employees, partners, officers, and

directors, and the production of any documents, books, and records necessary

for the prosecution of the criminal proceedings.

3. No action may be brought under this chapter by the commissioner after five years from

the date that the commissioner knew or reasonably should have known about the facts

that are the basis for the alleged violation. This subsection does not apply to any

action under sections 51-19-09 and 51-19-11.
N.D. Cent. Code § 51-07-14 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-14
51-07-14. Maximum amount of service charge which wholesalers and manufacturers may charge on overdue accounts
Status: in_force

51-07-14. Maximum amount of service charge which wholesalers and manufacturers

may charge on overdue accounts.

Wholesalers and manufacturers, when selling to retailers or other persons, may charge a

service charge of up to one and one-half percent per month on the remaining balance of all

overdue accounts, provided the parties have entered into a written agreement prior to the

transaction setting forth the amount of service charge, computed on the basis of simple interest

per annum. The wholesaler or manufacturer shall inform the purchaser in writing at the time of

the purchase of the service charge which will be charged if the account becomes overdue. The

service charge allowed in this section is allowed on any such purchase on or after July 1, 1971.
N.D. Cent. Code § 51-28-20 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-20
51-28-20. Caller identification service nonliability
Status: in_force

51-28-20. Caller identification service nonliability

No provider of caller identification service shall be held liable for violations of this chapter

committed by other persons or entities.
N.D. Cent. Code § 51-33-10 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-10
51-33-10. Security freeze not applicable to certain consumer reporting agencies
Status: in_force

51-33-10. Security freeze not applicable to certain consumer reporting agencies

A consumer reporting agency is not required to place a security freeze in a consumer credit

file under this chapter if it acts only as a reseller of credit information by assembling and

merging information contained in the database of another consumer reporting agency or

multiple consumer reporting agencies and does not maintain a permanent database of credit

information from which new consumer reports are produced. However, a consumer reporting

agency must honor any security freeze placed on a consumer credit file by another consumer

reporting agency.
N.D. Cent. Code § 51-16.1-02 — ND Code / Title 51 / Chapter 51-16.1 / Section 51-16.1-02
51-16.1-02. Pyramid promotional schemes prohibited - Defenses excluded
Status: in_force

51-16.1-02. Pyramid promotional schemes prohibited - Defenses excluded

1. No person may establish, operate, advertise, or promote a pyramid promotional

scheme.

2. It is not a defense to a criminal or civil prosecution under this section that:

a. The plan contains a limitation as to the number of persons who may participate or

the presence of additional conditions affecting eligibility for the opportunity to

receive compensation under the plan or operation; or

b. A participant, on giving consideration, obtains any goods, services, or intangible

property in addition to the right to receive compensation.
N.D. Cent. Code § 51-04-04 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-04
51-04-04. Affidavit required for certain sales
Status: in_force

51-04-04. Affidavit required for certain sales

It is unlawful for any transient merchant to advertise, represent, or hold forth as being sold

for an insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator,

receiver, syndicate, wholesaler, or manufacturer, or closing out sale, or as a sale of any goods,

wares, and merchandise damaged by smoke, fire, water, or otherwise, or in any similar form,

unless such transient merchant shall file with the person's application for a transient merchant

license an affidavit showing all the facts relating to the reasons and character of the sale so to

be advertised or represented, and showing that the sale is in fact as it is to be advertised and

represented, including a statement of:

1. The names of the persons from whom the goods, wares, and merchandise were

obtained;

2. The date of their delivery to the applicant;

3. The place from which the goods, wares, and merchandise were last taken; and

4. All details necessary to exactly locate and fully itemize all goods, wares, and

merchandise to be sold.
N.D. Cent. Code § 51-23-13 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-13
51-23-13. Power of court to grant relief
Status: in_force

51-23-13. Power of court to grant relief

1. a. Upon a proper showing by the commissioner that a person has violated, or is

about to violate, any provision of this chapter or any rule or order of the

commissioner, the district court of Burleigh County, North Dakota, may grant

appropriate legal or equitable remedies.

b. Upon showing of violation of this chapter or a rule or order of the commissioner,

the court, in addition to traditional legal and equitable remedies, including

temporary restraining orders, permanent or temporary prohibitory or mandatory

injunctions, and writs of prohibition or mandamus, may grant the following special

remedies:

(1) Imposition of a civil penalty in an amount that may not exceed ten thousand

dollars for any single violation or one hundred thousand dollars for multiple

violations in a single proceeding or a series of related proceedings;

(2) Disgorgement;

(3) Declaratory judgment;

(4) Restitution to investors wishing restitution; and

(5) Appointment of a receiver or conservator for the defendant or the

defendant's assets.

c. Appropriate remedies when the defendant is shown only about to violate this

chapter or a rule or order of the commissioner must be limited to:

(1) A temporary restraining order;

(2) A temporary or permanent injunction;

(3) A writ of prohibition or mandamus; and

(4) An order appointing a receiver or conservator for the defendant or the

defendant's assets.

2. The court may not require the commissioner to post a bond in any official action under

this chapter.

3. a. Upon a proper showing by the commissioner or securities or commodity agency

of another state that a person other than a government or governmental agency

or instrumentality has violated, or is about to violate, any provision of the

commodity code of that state or any rule or order of the administrator or securities

or commodity agency of that state, the district court of Burleigh County, North

Dakota, may grant appropriate legal and equitable remedies.

b. Upon showing of a violation of the securities or commodity act of the foreign state

or a rule or order of the administrator or securities or commodity agency of the

foreign state, the court, in addition to traditional legal or equitable remedies

including temporary restraining orders, permanent or temporary prohibitory or

mandatory injunctions, and writs of prohibition or mandamus, may grant the

following special remedies:

(1) Disgorgement; and

(2) Appointment of a receiver, conservator, or ancillary receiver or conservator

for the defendant or the defendant's assets located in this state.

c. Appropriate remedies when the defendant is shown only about to violate the

securities or commodity act of the foreign state or a rule or order of the

administrator or securities or commodity agency of the foreign state must be

limited to:

(1) A temporary restraining order;

(2) A temporary or permanent injunction;

(3) A writ of prohibition or mandamus; and

(4) An order appointing a receiver, conservator, or ancillary receiver or

conservator for the defendant or the defendant's assets located in this state.
N.D. Cent. Code § 51-25.1-06 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-06
51-25.1-06. Miscellaneous provisions - Penalties and remedies cumulative - Joint and several liability
Status: in_force

51-25.1-06. Miscellaneous provisions - Penalties and remedies cumulative - Joint and

several liability.

1. Any determination by the attorney general not to include in or to remove from the

directory a tobacco product manufacturer or brand family is subject to judicial

review by the filing of a civil action for prospective declaratory or injunctive relief.

The Burleigh County district court has exclusive jurisdiction over the civil action.

2. A license or renewal of a license to act as a distributor may not be issued to a

person unless the person certifies in writing the person will comply with this

chapter and chapter 57-36.

3. A licensed distributor shall provide to the attorney general, and update as

necessary, an electronic mail address and facsimile number to receive any

notification required by this chapter.

4. The first report of a distributor required under subsection 1 of section 51-25.1-04 is

due thirty days after the effective date of this chapter.

a. The first certification of a tobacco product manufacturer described under

subsection 1 of section 51-25.1-02 is due forty-five days after the effective

date of this chapter.

b. The directory described in subsection 2 of section 51-25.1-02 must be

developed and made available for public inspection within one hundred twenty

days after the effective date of this chapter.

5. The attorney general and commissioner may adopt rules necessary to effect the

purposes of this chapter and chapter 51-25.

6. In any action brought by the state to enforce this chapter, the state is entitled to

recover the costs of investigation, expert witness fees, costs of the action, and

reasonable attorney's fees.

7. If a court determines a person has violated this chapter, the court shall order any

profits, gain, gross receipts, or other benefit from the violation disgorged and paid

to the general fund, and the court shall order payment of any taxes due under

8. Unless otherwise provided, remedies or penalties provided by this chapter are

cumulative to each other and to remedies or penalties available under all other

laws of this state.

9. If a court of competent jurisdiction finds this chapter in conflict with chapter 51-25

and the conflict cannot be harmonized, chapter 51-25 must control. If any portion

of this chapter causes chapter 51-25 to no longer constitute a qualifying or model

statute, as the terms are defined in the master settlement agreement, that portion

of this chapter must be held to be invalid.

10. For each nonparticipating manufacturer located outside the United States, each

importer into the United States of the nonparticipating manufacturer's brand

families sold in the state has joint and several liability with the nonparticipating

manufacturer for deposit of all escrow amounts due under subsection 2 of section

51-25-02 and payment of all penalties imposed under subsection 2 of section

51-25-02.

11. For purposes of the definition of "units sold" in this chapter and chapter 51-25, the

burden of establishing a sale of cigarettes is exempt from state excise tax under

federal law, such that an escrow deposit for the sale is not required under section

51-25-02 or subsection 5 of section 51-25.1-04, is on the nonparticipating

manufacturer claiming the exemption. To establish a claim a transaction involving

the sale of cigarettes is exempt from state excise tax by federal law, such that an

escrow deposit for the sale is not required, the nonparticipating manufacturer shall

submit to the attorney general supporting information contained in a form

prescribed or approved by the attorney general.
N.D. Cent. Code § 51-23-16 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-16
51-23-16. Cooperation with other agencies
Status: in_force

51-23-16. Cooperation with other agencies

1. To encourage uniform application and interpretation of this chapter and securities

regulation and enforcement in general, the commissioner and the employees of the

commissioner may cooperate, including bearing the expense of the cooperation, with

the securities agencies or administrator of another jurisdiction, Canadian province or

territory or such other agencies administering this chapter, the commodity futures

trading commission, the securities and exchange commission, any self-regulatory

organization established under the Commodity Exchange Act or the Securities

Exchange Act of 1934, any national or international organization of commodities or

securities officials or agencies, and any governmental law enforcement agency.

2. The cooperation authorized by subsection 1 includes, but need not be limited to, the

following:

a. Making joint examinations or investigations;

b. Holding joint administrative hearings;

c. Filing and prosecuting joint litigation;

d. Sharing and exchanging personnel;

e. Sharing and exchanging information and documents;

f. Formulating and adopting mutual regulations, statements of policy, guidelines,

proposed statutory changes, and releases; and

g. Issuing and enforcing subpoenas at the request of the agency administering this

chapter in another jurisdiction, the securities agency of another jurisdiction, the

commodity futures trading commission, or the securities and exchange

commission if the information sought would also be subject to lawful subpoena for

conduct occurring in this state.
N.D. Cent. Code § 51-27-09 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-09
51-27-09. Relationship to federal law (Contingent expiration date - See note)
Status: in_force

51-27-09. Relationship to federal law. (Contingent expiration date - See note)

If any federal law is enacted that regulates false, misleading, or unsolicited commercial

electronic mail messages, but does not preempt state law on the subject, the federal law

supersedes any conflicting provision of this chapter.
N.D. Cent. Code § 51-23-21 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-21
51-23-21. Pleading exemptions
Status: in_force

51-23-21. Pleading exemptions

It is not necessary to negative any of the exemptions of this chapter in any complaint,

information, or indictment, or any writ or proceeding brought under this chapter and the burden

of proof of any such exemption is upon the party claiming the same.
N.D. Cent. Code § 51-19-06 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-06
51-19-06. Application for registration
Status: in_force

51-19-06. Application for registration

The application for registration of an offer must be filed with the commissioner and must

contain the following:

1. The name of the franchisor, the name under which the franchisor is doing or intends to

do business, and the name of any parent or affiliated company that will engage in

business transactions with franchisees.

2. The franchisor's principal business address and the name and address of its agent in

this state authorized to receive service of process.

3. The business form of the franchisor, whether corporate, partnership, limited liability

company, or otherwise.

4. Such information concerning the identity and business experience of persons affiliated

with the franchisor as the commissioner may by rule prescribe.

5. a. A statement whether any person identified in the application for registration:

(1) Has been convicted of a felony or pleaded nolo contendere to a felony

charge or held liable in a civil action by final judgment if such felony or civil

action involved fraud, embezzlement, fraudulent conversion, restraint of

trade, unfair or deceptive practices, or misappropriation of property;

(2) Has pending against the person any indictment or information or complaint

relating to a felony or is the subject of a civil action involving fraud,

embezzlement, fraudulent conversion, restraint of trade, unfair or deceptive

practices, or misappropriation of property;

(3) Is subject to any currently effective order of the securities and exchange

commission or the securities administrator of any state denying registration

to or revoking or suspending the registration of such person as a securities

broker or dealer or investment adviser, or is subject to any currently effective

order of any national securities association or national securities exchange,

as defined in the Securities and Exchange Act of 1934, suspending or

expelling such person from membership in such association or exchange;

(4) Is subject to any currently effective order or ruling of the federal trade

commission; or

(5) Is subject to any currently effective injunctive or restrictive order relating to

business activity as a result of an action brought by any public agency or

department, including, without limitation, actions affecting a license as a real

estate broker or salesman.

b. Such statement must set forth the court, the nature of the matter, the date of

conviction or judgment or current status of any pending action or proceeding, and

any penalty imposed or damages assessed.

6. The business experience of the franchisor, including the length of time the franchisor

has conducted business of the type to be operated by the franchisees, has granted

franchises for such business, and has granted franchises in other lines of business.

7. A recent financial statement of the franchisor, together with a statement of any material

changes in the financial condition of the franchisor from the date thereof. The

commissioner may by rule or order prescribe the form and content of financial

statements required under this chapter, the circumstances under which consolidated

financial statements must be filed, and the circumstances under which financial

statements must be audited by independent certified public accountants or public

accountants.

8. A copy of the typical franchise contract or agreement proposed for use or in use in this

state, including all amendments thereto.

9. A statement of the franchise fee charged, the proposed application of the proceeds of

such fee by the franchisor, and the formula by which the amount of the fee is

determined if the fee is not the same in all cases; a statement indicating whether and

under what conditions all or part of the initial franchise fee may be returned; and a

statement of the estimated total investment to be made for:

a. The initial franchise fee and other fees, whether payable in one sum or in

installments;

b. Fixed assets other than real property and leases for real property, whether or not

financed by contract or installment purchase, leasing, or otherwise;

c. Working capital, deposits, and prepaid expenses;

d. Real property, whether or not financed by contract or installment purchase or

otherwise, and leases for real property; and

e. All other goods and services which the franchisee will be required to purchase or

lease.

10. A statement describing any payments or fees other than franchise fees that the

franchisee or subfranchisor is required to pay to the franchisor, including royalties and

payments or fees which the franchisor collects in whole or in part on behalf of a third

party or parties.

11. A statement of the conditions under which the franchise agreement may be terminated

or renewal refused or repurchased at the option of the franchisor, of any limitations on

the right of the franchisee to sell, transfer, assign, move, renew, or terminate the

franchise, and of any provisions regarding franchisee equity upon sale, termination,

refusal to renew, or repurchase.

12. A statement as to whether, by the terms of the franchise agreement or other device or

practice, the franchisee is limited in the goods or services offered by the franchisee to

the franchisee's customers.

13. A statement of any conditions imposed by the franchisor, whether by the terms of the

franchise agreement or by other device or practice, whereby the franchisee is required

to purchase services, supplies, products, fixtures, or other goods relating to the

establishment or operation of the franchise business from the franchisor or the

franchisor's designee, together with a statement of whether and of the means by which

the franchisor derives income from such purchases.

14. A statement of the terms and conditions of any financing arrangements when offered

directly or indirectly by the franchisor or the franchisor's agent or affiliate.

15. A statement of any past or present practice or of any intent of the franchisor to sell,

assign, or discount to a third party any note, contract, or other obligation of the

franchisee or subfranchisor in whole or in part.

16. A copy of any statement of estimated or projected franchisee earnings prepared for

presentation to prospective franchisees or subfranchisors or other persons, together

with a statement setting forth the data upon which such estimation or projection is

based and explaining clearly the manner and extent to which such data relates to the

actual operations of businesses conducted by the franchisor or its franchisees.

17. A statement describing the training program, supervision, and assistance the

franchisor has provided and will provide the franchisee.

18. A statement of any compensation or other benefit given or promised to a public figure

arising in whole or in part from the use of the public figure in the name or symbol of the

franchise or the endorsement or recommendation of the franchise by the public figure

in advertisements, and the extent to which such public figure is involved in the actual

management of the franchisor.

19. A statement of the number of franchises presently operating and proposed to be sold.

20. A statement of business failures of franchisees, resales to the franchisor, sales of the

franchise to others, and transfers in this state during the two-year period preceding the

date of the statement.

21. A list of the names, addresses, and telephone numbers of all operating franchise

businesses under franchise agreement with the franchisor located in this state.

22. A statement explaining the terms and effects of any covenant not to compete which is

or will be included in the franchise or other agreement to be executed by the

franchisee.

23. A statement as to whether franchisees or subfranchisors receive an exclusive area or

territory, and, if so, a map thereof.

24. Any other information the commissioner may require.

25. Any other information the franchisor may desire to present.

26. When the person filing the application for registration is a subfranchisor, the

application must also include the same information concerning the subfranchisor as is

required from the franchisor pursuant to this section.
N.D. Cent. Code § 51-10-05.1 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-05.1
51-10-05.1. Powers of attorney general
Status: in_force

51-10-05.1. Powers of attorney general

When it appears to the attorney general that a person has engaged in, or is engaging in,

any practice declared to be unlawful by this chapter or when the attorney general believes it to

be in the public interest that an investigation should be made to ascertain whether a person in

fact has engaged in, is engaging in, or is about to engage in, any such practice the attorney

general may:

1. Require that person to file on forms prescribed by the attorney general, a statement or

report in writing, under oath or otherwise, as to all the facts and circumstances

concerning the sale or advertisement of merchandise at less than cost as defined in

this chapter and any other data and information the attorney general may deem

necessary.

2. Examine under oath any person in connection with the sale or advertisement of any

merchandise at less than cost as defined in this chapter.

3. Examine any merchandise or sample of merchandise, record, book, document,

account, or paper as the attorney general may deem necessary.

4. Pursuant to an order of a district court impound any record, book, document, account,

paper, or sample of merchandise material to such practice and retain it until

completion of all relevant proceedings under this chapter.
N.D. Cent. Code § 51-18-09 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-09
51-18-09. Enforcement - Powers - Remedies - Penalty
Status: in_force

51-18-09. Enforcement - Powers - Remedies - Penalty

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.

The state's attorney or attorney general may enforce this chapter. The attorney general in

enforcing this chapter has all the powers provided in this chapter and chapter 51-15 and may

seek all remedies in this chapter and chapter 51-15. A violation of this chapter constitutes a

violation of chapter 51-15. The remedies, duties, prohibitions, and penalties of this chapter are

not exclusive and are in addition to all other causes of action, remedies, and penalties in

chapter 51-15, or otherwise provided by law.
N.D. Cent. Code § 51-20.1-01 — ND Code / Title 51 / Chapter 51-20.1 / Section 51-20.1-01
51-20.1-01. Definitions
Status: in_force

51-20.1-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. "Distributor" means any person involved in manufacturing, wholesaling, or distributing

heavy construction equipment or repair parts for heavy construction equipment, or

both equipment and parts, who is authorized to, and does, enter into a written contract

with a retail dealer.

2. "Heavy construction equipment" means self-propelled or pull-type construction

machinery, and accessories therefor, primarily used in projects requiring paving,

earthmoving, or bridge, road, highway, and commercial building construction.

3. "Person" includes any individual, firm, partnership, joint venture, association,

corporation, limited liability company, or other business entity.

4. "Retail dealer" means every person engaged in the business of selling heavy

construction equipment at retail.
N.D. Cent. Code § 51-20.2-01 — ND Code / Title 51 / Chapter 51-20.2 / Section 51-20.2-01
51-20.2-01. Definitions
Status: in_force

51-20.2-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. "Contractual arrangement" means a written franchise or other written agreement, by

whatever name such agreement may be called, between a distributor and a dealer by

which the dealer agrees to sell at retail and service the distributor's merchandise in a

given location or locations, whether or not exclusively with respect to a given

geographic area, and the distributor authorizes the dealer to sell, or sell and service,

and agrees to supply an inventory of merchandise and, if the dealer is to perform

service, an inventory of parts for that merchandise.

2. "Dealer" means a person, partnership, corporation, limited liability company, or other

business entity which sells at retail and services new merchandise and is not engaged

in the business of home solicitation sales.

3. "Distributor" means any manufacturer, wholesaler, or distributor of merchandise who

has a contractual arrangement with a dealer for such merchandise.

4. "Merchandise" includes all new products of inventory intended for resale or retail sale

by franchised dealers.
N.D. Cent. Code § 51-07-00.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-00.1
51-07-00.1. Definitions
Status: in_force

51-07-00.1. Definitions

As used in sections 51-07-01, 51-07-02.1, 51-07-02.2, 51-07-02.3, 51-07-02.4, and

51-07-03 unless the context or subject matter otherwise requires:

1. "Contract" means any written franchise agreement, sales agreement, dealer

agreement, or security agreement, or other form of agreement or arrangement of like

effect.

2. "Dealer" means a person that engages in the business of selling, at retail, new motor

vehicles or trucks or new and used motor vehicles or trucks and possesses a current

new motor vehicle dealer license as defined in section 39-22-16.

3. "Distributor" means any person who in whole or in part offers for sale, sells, or

distributes any new motor vehicle to a new motor vehicle dealer, and any person that

in whole or in part offers for sale, sells, or distributes any farm implement, machinery,

or attachment or part for the same; or lawn and garden equipment, or part for the

same; or semitrailer, or part for the same, to any person that retails all or any of these

items.

4. "Franchise" or "franchise agreement" means any contract or addendum to a contract

between a dealer and a manufacturer or distributor that authorizes the dealer to

engage in the business of selling or purchasing any particular make of new motor

vehicles or motor vehicle parts manufactured or distributed by the manufacturer or

distributor.

5. "Franchisor" means a person that manufactures, imports, or distributes new motor

vehicles and which may enter a franchise agreement.

6. "Good cause" means failure by a new motor vehicle dealer to substantially comply with

material and reasonable requirements imposed upon the new motor vehicle dealer by

the franchise agreement if the requirements are not unreasonable when compared to

those requirements imposed on other similarly situated new motor vehicle dealers.

7. "Good faith" means honesty in fact and the observance of commercially reasonable,

nondiscriminatory standards of fair dealing.

8. "Manufacturer" means any person that is engaged in the business of manufacturing or

assembling new motor vehicles or any person that in whole or in part offers for sale,

sells, or distributes any new motor vehicle to a new motor vehicle dealer.

9. "Merchandise" means farm implements, machinery, attachments, and parts for the

same; lawn and garden equipment and parts for the same; and automobiles, trucks,

and semitrailers and parts for the same.

10. "New motor vehicle" means a motor vehicle that has not been subject to a retail sale,

the registration provisions of chapter 39-04, the title registration provisions of chapter

39-05, or the motor vehicle excise tax provisions of chapter 57-40.3.

11. "Owner" means a person, other than a lienholder, having the property in or title to a

vehicle. The term includes a person entitled to the use and possession of a vehicle

subject to a security interest in another person, but excludes a lessee under a lease

not intended as security.

12. "Semitrailer" includes every vehicle of the trailer type so designed and used in

conjunction with a truck that some part of its own weight and that of its own load rests

upon or is carried by a truck, except that it does not include a mobile home.

13. "Successor" means the individual who, in the case of the owner's death, is entitled to

inherit the ownership interest in the new motor vehicle dealership or who, in the case

of an incapacitated owner of a new motor vehicle dealer, has been appointed by a

court as the legal representative of the new motor vehicle dealer's property subject to

sections 51-07-26 and 51-07-26.1.

14. "Truck" includes every motor vehicle designed, used, or maintained primarily for

transportation of property or designed and used primarily for drawing other vehicles

and not so constructed as to carry a load other than a part of the weight of the vehicle

and load so drawn.

15. "Used motor vehicle" means a motor vehicle that has been subject to a retail sale, the

registration provisions of chapter 39-04, the title registration provisions of

chapter 39-05, or the motor vehicle excise tax provisions of chapter 57-40.3.
N.D. Cent. Code § 51-07-31 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-31
51-07-31. Parts, equipment, and accessory dealers reimbursed for warranty repair
Status: in_force

51-07-31. Parts, equipment, and accessory dealers reimbursed for warranty repair

1. As used in this section:

a. "Commercial distributor" means any person that offers for sale, sells, or

distributes to a dealer parts for any new commercial motor vehicle, truck, or

semitrailer, or vehicular implements, commercial equipment, or accessories, or

attachment units, designed and used primarily for transporting commodities,

merchandise, or commercial cargo.

b. "Commercial equipment dealer" means a person that engages in the business of:

(1) Selling, at retail, parts for any new or used commercial motor vehicle, truck,

or semitrailer, or vehicular implements, commercial equipment, or

accessories, or attachment units, designed and used primarily for

transporting commodities, merchandise, or commercial cargo; or

(2) Repairing new or used commercial motor vehicle, truck, or semitrailer parts,

or vehicular implements, commercial equipment or, accessories, or

attachment units, designed and used primarily for transporting commodities,

merchandise, or commercial cargo.

c. "Commercial manufacturer" means any person engaged in the business of

manufacturing or assembling parts for any new commercial motor vehicle, truck,

or semitrailer, or vehicular implements, commercial equipment, or accessories, or

attachment units, designed and used primarily for transporting commodities,

merchandise, or commercial cargo.

d. "Parts" includes essential and nonessential commercial motor vehicle, truck, or

semitrailer components.

2. A commercial manufacturer shall include reasonable compensation for diagnostic

work, as well as repair service, parts, and labor, in warranty work compensation. In

addition, a commercial manufacturer shall provide adequate time allowances for

diagnosis and performance of warranty work and service for the work performed. The

hourly labor rate paid by a commercial manufacturer to the commercial equipment

dealer for warranty services may not be less than the average rate charged by the

commercial equipment dealer for like service to nonwarranty customers for

nonwarranty service. A commercial manufacturer may not reimburse a commercial

equipment dealer for parts used in the performance of warranty repair at a lower rate

than the average retail rate customarily charged by the commercial equipment dealer

for these parts as provided under subsection 5.

3. A commercial manufacturer shall pay a commercial equipment dealer on a claim made

by a commercial equipment dealer under this section within thirty days of the approval

of the claim. The commercial manufacturer either shall approve or disapprove a claim

within thirty days after the claim is submitted to the commercial manufacturer. The

commercial manufacturer may prescribe the manner in which and the forms on which

the commercial equipment dealer must present the claim. A claim not specifically

disapproved in writing within thirty days after the commercial manufacturer receives

the claim must be construed to be approved and the manufacturer shall pay the claim

within thirty days.

4. A commercial manufacturer, commercial distributor, or commercial distributor branch

shall compensate fully its commercial equipment dealers licensed in this state for

warranty parts, work, and service specified in this section. Failure to fully compensate

includes a reduction in the amount due to the commercial equipment dealer or

imposing a separate charge, surcharge, or other imposition by which the commercial

manufacturer seeks to recover the costs of complying with this section from the

commercial equipment dealer.

5. The retail rate customarily charged by the commercial equipment dealer for parts is

established by the commercial equipment dealer submitting to the commercial

manufacturer or commercial distributor one hundred sequential nonwarranty customer-

paid service repair orders that contain warranty-like parts or ninety consecutive days of

nonwarranty customer-paid service repair orders that contain warranty-like parts,

whichever is less, covering repairs made no more than one hundred eighty days

before the submission and declaring the average percentage markup.

6. The retail rate customarily charged by the commercial equipment dealer for labor must

be established using the same process as provided under subsection 5 and declaring

the average labor rate. The average labor rate must be determined by dividing the

amount of the dealer's total labor sales by the number of total hours that generated

those sales. If a labor rate and parts markup rate are simultaneously declared by the

commercial equipment dealer, the commercial equipment dealer may use the same

repair orders to complete each calculation as provided under subsection 5.

7. In calculating the retail rate customarily charged by the commercial equipment dealer

for parts and labor, the following work may not be included in the calculation:

a. Repairs for commercial manufacturer or commercial distributor special events,

specials, or promotional discounts for retail customer repairs;

b. Parts sold at wholesale; and

c. Nuts, bolts, fasteners, and similar items that do not have an individual part

number.

8. The average of the parts markup rates and labor rate is presumed to be fair and

reasonable and must become effective thirty days following the commercial

manufacturer's approval. Not later than thirty days after submission, a commercial

manufacturer or commercial distributor may rebut the presumption by reasonably

substantiating that a rate is unreasonable in light of the practices of all other

commercial equipment dealers in an economically similar area of the state offering the

commercial equipment dealer's declaration of the same part, or vehicular implement,

equipment, accessory, or attachment unit. If the average parts markup rate or average

labor rate, or both are rebutted, the commercial manufacturer or commercial distributor

shall propose an adjustment of the average percentage markup based on that rebuttal

not later than thirty days after submission.

9. Each commercial manufacturer, in establishing a schedule of compensation for

warranty work, shall rely on the commercial equipment dealer's written schedule of

hourly labor rates and parts and may not obligate any commercial equipment dealer to

engage in unduly burdensome or time-consuming documentation of rates or parts,

including obligating commercial equipment dealers to engage in transaction-

by-transaction or part-by-part calculations.

10. A commercial dealer or commercial manufacturer may demand the average parts

markup or average labor rate be calculated using the process provided under

subsections 5 and 6; however, the demand for the average parts markup may not be

made within twelve months of the last parts markup declaration and the demand for

the average labor rate may not be made within twelve months of the last labor rate

declaration. If a parts markup or labor rate is demanded by the commercial equipment

dealer or commercial manufacturer, the commercial equipment dealer shall determine

the repair orders to be included in the calculation under subsections 5 and 6.
N.D. Cent. Code § 51-31-02 — ND Code / Title 51 / Chapter 51-31 / Section 51-31-02
51-31-02. Initial fraud alerts
Status: in_force

51-31-02. Initial fraud alerts

Upon the direct request of a consumer or an individual acting on behalf of or as a personal

representative of a consumer, who asserts in good faith a suspicion that the consumer has been

or is about to become a victim of fraud or related crime, including identity theft, a consumer

reporting agency that maintains a file on the consumer and has received appropriate proof of

the identity of the requester shall include a fraud alert in the file of that consumer. The consumer

reporting agency shall continue that alert along with any credit score generated in using that file,

for a period of not less than ninety days beginning on the date of the request, unless the

consumer or the consumer's representative requests that the fraud alert be removed before the

end of the period and the agency has received appropriate proof of the identity of the requester

for that purpose.
N.D. Cent. Code § 51-14.1-05 — ND Code / Title 51 / Chapter 51-14.1 / Section 51-14.1-05
51-14.1-05. Penalty
Status: in_force

51-14.1-05. Penalty

Any person who violates any provision of sections 51-14.1-03 through 51-14.1-05 is guilty of

an infraction.
N.D. Cent. Code § 51-04-08 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-08
51-04-08. Certain excepted sales
Status: in_force

51-04-08. Certain excepted sales

The provisions of this chapter do not apply to the following:

1. Sales made to dealers by commercial travelers or selling agents in the usual course of

business.

2. Sales made by persons soliciting orders of goods, wares, merchandise, or personal

property for future delivery, and not from a stock or supply carried by the solicitor or

otherwise available for immediate delivery to the purchaser, in which the solicitor does

not demand or accept payment of any money or deposit in advance or on delivery

without first providing the purchaser with the privilege of examination of the goods,

wares, merchandise, or personal property.

3. Sales made by a person who has a sales or use tax permit in accordance with chapter

57-39.2 or 57-40.2, pays contributions to job service North Dakota for unemployment

compensation in accordance with chapter 52-04, and who has reported to workforce

safety and insurance in accordance with chapter 65-04.

4. Sales made by a seller at residential premises pursuant to an invitation issued by the

owner or legal occupant of such premises.
N.D. Cent. Code § 51-05.1-01.1 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-01.1
51-05.1-01.1. Auctioneer's license - Clerk's license - Fees - Bonds
Status: repealed

51-05.1-01.1. Auctioneer's license - Clerk's license - Fees - Bonds

Repealed by S.L. 2023, ch. 447, § 7.
N.D. Cent. Code § 51-07-13 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-13
51-07-13. Labeling imported meats sold - Penalty
Status: in_force

51-07-13. Labeling imported meats sold - Penalty

1. No person may knowingly sell or offer for sale in the state of North Dakota any meat,

whether fresh, frozen, cured, or processed, which is imported from outside the

boundaries of the United States or any meat product containing in whole or in part

such imported meat, if this fact is not shown by labels or printing on each quarter, half,

or whole carcass of such meat, or on each case, package, can, tray, or display

containing such imported meat.

2. Any person who violates any of the provisions of this section is guilty of a class B

misdemeanor.
N.D. Cent. Code § 51-10-11 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-11
51-10-11. Hearings and investigations - Contempts
Status: repealed

51-10-11. Hearings and investigations - Contempts

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-08.1-01 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-01
51-08.1-01. Definitions
Status: in_force

51-08.1-01. Definitions

As used in this chapter:

1. "Person" means an individual, corporation, limited liability company, business trust,

partnership, association, or any other legal entity.

2. "Relevant market" means the geographical area of actual or potential competition in a

line of commerce, all or any part of which is within this state.
N.D. Cent. Code § 51-28-11 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-11
51-28-11. Private enforcement
Status: in_force

51-28-11. Private enforcement

Any person who receives a telephone solicitation or message in violation of this chapter

may bring an action to enjoin such violation, or for damages, or both. The court may award the

plaintiff the plaintiff's actual damages or damages up to two thousand dollars for each violation,

whichever is greater. The court may award the plaintiff costs, expenses, and reasonable

attorney's fees. This section shall not limit any other claims the person may have against the

caller.
N.D. Cent. Code § 51-23-01 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-01
51-23-01. Title
Status: in_force

51-23-01. Title

This chapter must be known as the Commodities Act of 1989.
N.D. Cent. Code § 51-13-02.1 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-02.1
51-13-02.1. Retail installment contracts - Prohibited provisions
Status: in_force

51-13-02.1. Retail installment contracts - Prohibited provisions

No contract may contain any provision by which:

1. In the absence of the buyer's default, the holder may, arbitrarily and without

reasonable cause, accelerate the maturity of any part or all of the time balance owing

thereunder.

2. A power of attorney is given to confess judgment in this state, or an assignment of

wages is given.

3. The buyer waives any claim for relief against the seller or holder of the contract, or

other person acting on the seller's or holder's behalf, for any illegal act committed in

the collection of payments under the contract or in the repossession of the personal

property.

4. The buyer executes a power of attorney appointing the seller or holder of the contract,

or other person acting on the seller's or holder's behalf, as the buyer's agent in

collection of payments under the contract or in the repossession of the personal

property.

5. The buyer relieves the seller from liability for any legal remedies which the buyer may

have against the seller under the contract or any separate instrument executed in

connection therewith.

6. The buyer may subsequently include the title to or a lien upon any goods, other than

the personal property which is the subject matter of the retail installment sale and any

accessories or special or auxiliary equipment used in connection therewith, or in

substitution, in whole or in part, for any thereof, as security for payment of the deferred

payment price.
N.D. Cent. Code § 51-36-03 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-03
51-36-03. Factors for bad faith assertion of infringement
Status: in_force

51-36-03. Factors for bad faith assertion of infringement

A court may consider any of the following factors as evidence a person made a bad faith

assertion of patent infringement:

1. The demand letter does not contain the following information:

a. The patent number;

b. The name and address of the patent owner and assignee, if any; or

c. Factual allegations concerning the specific areas in which the target's product,

service, or technology infringe the patent or are covered by the claim in the

patent.

2. Before sending the demand letter, the person fails to conduct an analysis comparing

the claim in the patent to the target's product, service, or technology, or such an

analysis was done but does not identify the specific area in which the product, service,

or technology is covered by the claim in the patent.

3. The demand letter lacks the information described in subsection 1, the target requests

the information, and the person fails to provide the information within a reasonable

period of time.

4. The demand letter demands payment of a license fee or a response within an

unreasonably short period of time.

5. The person offers to license the patent for an amount that is not based on a

reasonable estimate of the value of the license.

6. The claim of patent infringement is unenforceable and the person knew, or should

have known, the claim is unenforceable.

7. The claim of patent infringement is deceptive.

8. The person, a subsidiary, or an affiliate previously filed or threatened to file a lawsuit

based on the same or a similar claim of patent infringement and:

a. The threat or lawsuit lacked the information described in subsection 1; or

b. The person attempted to enforce the claim of patent infringement in litigation and

a court found the claim to be unenforceable.

9. The person making the assertion of infringement of a patent does not own or have the

right to enforce or license the patent.

10. The person sent the same demand or substantially same demand to multiple

recipients and made assertions against a variety of products and systems without

reflecting product and system differences in a reasonable manner in the demands.

11. The person threatens legal action that cannot legally be taken or that is not intended to

be taken.

12. The person represents a complaint has been filed alleging the target has infringed the

patent when no complaint has been filed.

13. The claim of patent infringement is based on a patent or a claim of a patent that has

expired or previously been held invalid or unenforceable in a final unappealable or

unappealed judicial or administrative decision.

14. Any other factor the court finds relevant.
N.D. Cent. Code § 51-23-20 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-20
51-23-20. Procedure for entry of an order
Status: in_force

51-23-20. Procedure for entry of an order

1. The commissioner shall commence an administrative proceeding under this chapter by

entering either a notice of intent to do a contemplated act or a summary order. The

notice of intent or summary order may be entered without notice, without opportunity

for hearing, and need not be supported by findings of fact or conclusions of law, but

must be in writing.

2. Upon entry of a notice of intent or summary order, the commissioner shall promptly

notify all interested parties that the notice or summary order has been entered and the

reasons therefor. If the proceeding is pursuant to a notice of intent, the commissioner

shall inform all interested parties of the date, time, and place set for the hearing on the

notice. If the proceeding is pursuant to a summary order, the commissioner shall

inform all interested parties that they have thirty business days from the entry of the

order to file a written request for a hearing on the matter with the commissioner and

that the hearing will be scheduled to commence within thirty business days after the

receipt of the written request.

3. If the proceeding is pursuant to a summary order, the commissioner, whether or not a

written request for a hearing is received from any interested party, may set the matter

down for hearing on the commissioner's own motion.

4. If no hearing is requested and none is ordered by the commissioner, the summary

order will automatically become a final order after thirty business days.

5. If a hearing is requested or ordered, the commissioner, after extending notice of an

opportunity for hearing to all interested persons, may modify or vacate the order or

extend it until final determination.

6. No final order or order after hearing may be returned without:

a. Appropriate notice to all interested persons;

b. Opportunity for hearing by all interested persons; and

c. Entry of written findings of fact and conclusions of law.

7. If a hearing is requested or ordered under this section, it must be conducted in

accordance with chapter 28-32.

8. No action may be brought under this chapter after five years from the date that the

commissioner knew or reasonably should have known about the facts that are the

basis for the alleged violation. This subsection does not apply to any action under

section 51-23-07.

Every hearing in an administrative proceeding under this chapter must be public unless the

commissioner grants a request joined in by all the respondents that the hearing be conducted

privately.
N.D. Cent. Code § 51-26-05 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-05
51-26-05. Information on remedies to be furnished consumer - Notice of complaint to manufacturer required - Manufacturer's duties
Status: in_force

51-26-05. Information on remedies to be furnished consumer - Notice of complaint to

manufacturer required - Manufacturer's duties.

1. The manufacturer shall provide information for consumer complaint remedies with

each new farm machinery. Before taking action under this chapter, a consumer shall

give written notification to the manufacturer of the need for the repair of the

nonconformity to allow the manufacturer an opportunity to cure the alleged defect. The

manufacturer immediately shall notify the consumer of a reasonably accessible repair

facility of a franchised new farm machinery dealer to conform the new farm machinery

to the express warranty. After delivery of the new farm machinery to an authorized

repair facility by the consumer, the manufacturer shall conform the new farm

machinery to the express warranty within thirty calendar days in appropriate

seasonable use times and within sixty days in other times. The agriculture

commissioner shall designate appropriate seasonal use times for all machinery

covered by this chapter. Upon notification from the consumer that the new farm

machinery has not been conformed to the express warranty, the manufacturer shall

inform the consumer if an informal dispute settlement procedure has been established

by the manufacturer. If prior notice by the manufacturer of an informal dispute

settlement procedure has been given, no further notice is required. If any repair that

may be required under any warranty takes more than fourteen working days to

complete, the manufacturer shall supply at no cost a like piece of farm machinery for

use by the consumer if requested by the consumer during the time of repair. The

manufacturer shall reimburse any costs incurred by a dealer under this chapter.

2. An action brought under this chapter must be commenced within six months following

expiration of the terms, conditions, or limitations of the express warranty or within

eighteen months following the date of original delivery of the new farm machinery to a

consumer, whichever is earlier. However, if a consumer resorts to an informal dispute

settlement procedure, any action must be commenced within ninety days following the

final action of any panel established pursuant to the procedure. If an action is brought

under this chapter, the prevailing party may recover any court costs and reasonable

attorney's fees.
N.D. Cent. Code § 51-21-01 — ND Code / Title 51 / Chapter 51-21 / Section 51-21-01
51-21-01. Definitions
Status: in_force

51-21-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. An item is "concealed" within the meaning of this chapter if, even though there is some

notice of its presence, the item itself is not visible through ordinary observation.

2. "Full retail value" means the merchant's stated or advertised price of the merchandise.

3. "Merchandise" means any item of tangible personal property and specifically includes

shopping carts.

4. "Merchant" means an owner or operator of any retail mercantile establishment or any

agent, employee, lessee, consignee, officer, franchisee, or independent contractor or

such owner or operator.

5. "Person" means any natural person or individual.

6. "Premises of a retail mercantile establishment" includes, but is not limited to, the retail

mercantile establishment, any common-use areas in shopping centers, and all parking

areas set aside by a merchant, or on behalf of a merchant, for the parking of vehicles

for the convenience of the patrons of said retail mercantile establishment.

7. "Retail mercantile establishment" means any place where merchandise is displayed,

held, offered, or stored for sale to the public.

8. "Shopping cart" means those pushcarts of the type or types which are commonly

provided by grocery stores, drugstores, or other retail mercantile establishments for

the use of the public in transporting commodities in stores and markets and,

incidentally, from the stores to a place outside the store.
N.D. Cent. Code § 51-07-04.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-04.1
51-07-04.1. Defacing, destroying, or altering serial numbers on farm machinery - Penalty
Status: in_force

51-07-04.1. Defacing, destroying, or altering serial numbers on farm machinery -

Penalty.

It is unlawful for any person to willfully:

1. a. Deface, destroy, alter, or remove the serial number on any tractor, combine,

cornpicker, or any other heavy farm machinery that carries a factory serial

number; or

b. Place or stamp other than the original serial number upon any tractor, combine,

cornpicker, or any other heavy farm machinery that carries a factory serial

number; and

2. Sell or offer for sale any such heavy farm machinery bearing an altered or defaced

serial number other than the original.

Any person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 51-12-08 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-08
51-12-08. False advertising - Generally
Status: in_force

51-12-08. False advertising - Generally

It is unlawful for any person with intent, directly or indirectly, to dispose of real or personal

property or to perform services, professional or otherwise, or anything of any nature whatsoever

or to induce the public to enter into any obligation relating thereto, to make or disseminate or

cause to be made or disseminated before the public in this state, in any newspaper or other

publication, or any advertising device, or by public outcry or proclamation, or in any other

manner or means whatever, any statement, concerning such real or personal property or

services, professional or otherwise or concerning any circumstance or matter of fact connected

with the proposed performance or disposition thereof, which is untrue or misleading, and which

is known, or which by the exercise of reasonable care should be known, to be untrue or

misleading.
N.D. Cent. Code § 51-10-13 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-13
51-10-13. Appointment and term of members
Status: repealed

51-10-13. Appointment and term of members

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-14-03.1 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-03.1
51-14-03.1. Additional charges on revolving charge accounts
Status: in_force

51-14-03.1. Additional charges on revolving charge accounts

The seller or holder of a revolving charge account may collect a late payment or other

charge not to exceed the amount agreed to by the parties in the revolving charge account

agreement.
N.D. Cent. Code § 51-07-12 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-12
51-07-12. Automobile sales finance contracts - Information of insurance protection to be given - Warning required - Penalty
Status: in_force

51-07-12. Automobile sales finance contracts - Information of insurance protection to

be given - Warning required - Penalty.

1. Purchasers of automobiles under sales finance contracts, when required by a dealer,

bank, or other finance agency or company, to furnish insurance on any motor vehicle,

in connection with the financing of such motor vehicle, must be furnished by the seller

evidence of the insurance protection. Such insurance evidence must be in the form of

a regular insurance binder or policy or certificate of insurance. The original policy or

certificate of insurance clearly stating the coverage afforded by the policy must be

delivered to the purchaser within a reasonable time after execution of the insurance

order. The certificate must display the premium charged for each coverage afforded.

2. If the insurance required by any dealer, bank, or other finance agency or company

does not provide insurance for bodily injury liability or property damage liability, then

the insurance policy or the certificate of insurance, if the policy is filed with the payee,

must have imprinted or stamped on the policy or certificate a notice that the policy

does not include bodily injury liability or property damage liability insurance. The

imprinting or stamping of such notice must be in the manner or form as may be

approved by the insurance commissioner.

3. Any person failing to comply with the provisions of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 51-36-05 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-05
51-36-05. Bond
Status: in_force

51-36-05. Bond

Upon motion by a target and a finding by the court that the target has established a

reasonable likelihood a person has made a bad faith assertion of patent infringement in violation

of this chapter, the court shall require the person to post a bond in an amount equal to a good

faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be

recovered under this chapter, conditioned upon payment of any amounts finally determined to

be due to the target. The court shall hold a hearing to determine the amount of the bond on the

request of either party. A bond ordered under this section may not exceed two hundred fifty

thousand dollars. The court may waive the bond requirement if the court finds the person has

available assets equal to the amount of the proposed bond or for other good cause shown.
N.D. Cent. Code § 51-19-11 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-11
51-19-11. Fraudulent and prohibited practices
Status: in_force

51-19-11. Fraudulent and prohibited practices

1. It is unlawful for any person knowingly to subscribe to or make or cause to be made

any material false statement or representation in any application, financial statement,

notice, report, or other document filed under any provision of this chapter or to omit to

state any material statement or fact in any such application, financial statement,

notice, report, or document which is necessary in order to make the statements made,

in the light of the circumstances under which they are made, not misleading, or to fail

to notify the commissioner of any material change as required under subsection 6 of

section 51-19-07.

2. It is unlawful for any person in connection with the offer, sale, or purchase of any

franchise, directly or indirectly:

a. To employ any device, scheme, or artifice to defraud;

b. To make any untrue statement of a material fact or to omit to state a material fact

necessary in order to make the statements made, in the light of the

circumstances under which they are made, not misleading; or

c. To engage in any act, practice, or course of business which operates or would

operate as a fraud or deceit upon any person.

3. It is unlawful for any person to violate any order of the commissioner or condition to

the effectiveness of the registration of the offer or sale of franchises.

4. It is unlawful for any person to effect or attempt to effect a sale of a franchise in this

state unless such person is identified in an application or amended application or

prospectus filed with the commissioner.

5. It is unlawful for any person to represent or cause to be represented to any

prospective purchaser of a franchise that the filing of any document under this chapter

or the registration or exemption from registration of a franchise constitutes a finding by

the commissioner that any document filed under this chapter is true, complete, and not

misleading, or that the commissioner has passed in any way upon the merits of any

franchise, or that a franchise is registered or exempted from registration when in fact

such is not the case.

6. No action may be brought under this section by the commissioner after six years from

the date of the alleged violation.
N.D. Cent. Code § 51-14-03.2 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-03.2
51-14-03.2. Application of other provisions
Status: in_force

51-14-03.2. Application of other provisions

Credit extended by a seller or holder of a revolving charge agreement to a buyer is not

subject to chapter 13-04.1 or 47-14.
N.D. Cent. Code § 51-28-21 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-21
51-28-21. Disposition of fees, penalties, and recoveries
Status: in_force

51-28-21. Disposition of fees, penalties, and recoveries

All fees, penalties, and recoveries of attorney's fees, investigation fees, costs, and

expenses collected pursuant to this chapter shall be retained by the attorney general for

enforcement of this chapter, including to pay costs, expenses, and attorney's fees and salaries

incurred in the operation of the attorney general's consumer protection and antitrust division.

However, the attorney general may deposit any excess funds not required for enforcement of

this chapter in the attorney general refund fund under section 54-12-18.
N.D. Cent. Code § 51-26-04 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-04
51-26-04. Affirmative defenses
Status: in_force

51-26-04. Affirmative defenses

1. It is an affirmative defense to any claim under this chapter that:

a. An alleged nonconformity does not substantially impair the use, market value, or

safety of the farm machinery;

b. A nonconformity is the result of abuse, neglect, or unauthorized modifications or

alterations of farm machinery by a consumer;

c. A claim by a consumer was not filed in good faith; or

d. Any other affirmative defense allowed by law.

2. It is presumed that a reasonable number of attempts have been undertaken to

conform new farm machinery to the applicable express warranties if within the terms,

conditions, or limitations of the express warranty, or during the period of one year

following the date of original delivery of the new farm machinery to a consumer,

whichever expires earlier, either:

a. The same nonconformity has been subject to repair five or more times by the

manufacturer or its agents and the nonconformity continues to exist; or

b. The new farm machinery is out of service by reason of repair of the

nonconformity by the manufacturer or its agents for a cumulative total of thirty or

more working days, exclusive of downtime for routine maintenance as prescribed

by the manufacturer, since delivery of the new farm machinery to the consumer.

The thirty-day period may be extended by a period of time during which repair

services are not available to the consumer because of conditions beyond the

control of the manufacturer or its agents.
N.D. Cent. Code § 51-07-04 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-04
51-07-04. Selling goods bearing counterfeit trademark - Penalty
Status: in_force

51-07-04. Selling goods bearing counterfeit trademark - Penalty

Every person who, with intent to represent such goods as the genuine goods of another,

sells or keeps for sale any goods upon which any counterfeit trademark has been affixed,

knowing the same to be counterfeited, is guilty of a class A misdemeanor. The word "goods" as

used in this section includes every kind of goods, wares, merchandise, compound, or

preparation, which may be kept or offered for sale lawfully.
N.D. Cent. Code § 51-33-03 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-03
51-33-03. Response of consumer reporting agency
Status: in_force

51-33-03. Response of consumer reporting agency

1. A consumer reporting agency shall place a security freeze on a consumer's consumer

credit file no later than three business days after receiving from the consumer a

request under section 51-33-02 which includes proper identification. If a victim of

identity theft requests a security freeze, a consumer reporting agency shall place a

security freeze on the consumer's credit report no later than forty-eight hours after

receiving:

a. A notice under section 51-33-02; and

b. A copy of a valid police report, investigative report, or complaint to law

enforcement evidencing the identity theft victim has alleged being a victim of

identity theft. The copy may be transmitted to the consumer reporting agency by

mail, facsimile, or secure electronic mail connection, if the connection is made

available by the consumer reporting agency.

2. Effective August 1, 2009, if a victim of identity theft requests a security freeze, a

consumer reporting agency shall place a security freeze on the consumer's credit

report no later than twenty-four hours after receiving:

a. A notice under section 51-33-02; and

b. A copy of a valid police report, investigative report, or complaint to law

enforcement evidencing the identity theft victim has alleged being a victim of

identity theft. The copy may be transmitted to the consumer reporting agency by

mail, facsimile, or secure electronic mail connection, if the connection is made

available by the consumer reporting agency.

3. The consumer reporting agency, within five business days after receiving the request,

shall send a written confirmation of the security freeze to the consumer and provide

the consumer with a unique personal identification number or password to be used by

the consumer when providing authorization for the release of the consumer's

consumer report for a specific party or period of time.

4. When a consumer requests a security freeze, the consumer reporting agency shall

disclose the process of placing and temporarily lifting a freeze, including the process

for allowing access to information from the consumer's consumer report for a specific

party or period of time while the freeze is in place.
N.D. Cent. Code § 51-35-01 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-01
51-35-01. Definitions
Status: in_force

51-35-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Alloy" means a combination of a metal and carbon or other metals.

2. "Business records" means records of any purchase or transaction that involves the

receipt of scrap metals made in the ordinary course of business and includes written

receipts, books or similar records, or electronically stored records, but does not include

correspondence, tax returns, or financial statements.

3. "Catalytic converter" means a motor vehicle exhaust system component attached to

the motor vehicle which reduces vehicle emissions by breaking down harmful exhaust

emissions.

4. "Detached used catalytic converter" means a catalytic converter previously removed

from a motor vehicle, or any nonferrous part of a catalytic converter previously

removed from a motor vehicle. The term does not include a catalytic converter

incidentally included in a mixed load of ferrous or nonferrous scrap metal.

5. "Ferrous metals" means those metals that will attract a magnet, and includes alloys of

those metals.

6. "Law enforcement officer" or "peace officer" means a public servant authorized by law

or by a government agency or branch to enforce the law and to conduct or engage in

investigations or prosecutions for violations of law.

7. "Nonferrous metals" means those metals that will not normally attract a magnet,

including copper, brass, aluminum, bronze, lead, zinc, platinum, and nickel; alloys of

those metals; and metals contained within detached used catalytic converters.

8. "Scrap metal" means ferrous or nonferrous metals purchased primarily for reuse or

recycling, including metals combined with other materials at the time of purchase or

acquisition; insulated and uninsulated wire and cable; and detached used catalytic

converters. Scrap metal does not include automobiles, automobile hulks, or any

aluminum food or beverage containers.

9. "Scrap metal dealer" means a person engaged in the business of purchasing, trading,

or bartering scrap metal, and includes all employees of the scrap metal dealer. A scrap

metal dealer must have a fixed business premises, shall obtain a sales and use tax

permit from the tax commissioner, and shall register with the attorney general as a

scrap metal dealer under section 51-35-05.