N.D. Cent. Code § 51-07-29 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-29
51-07-29. Warranty work compensation
Status: in_force

51-07-29. Warranty work compensation

1. a. A motor vehicle manufacturer or distributor shall reasonably compensate its

dealers for labor and parts provided by the dealer in connection with the following

manufacturer or distributor sponsored, issued, or required items:

(1) Predelivery preparation.

(2) Installation of accessories or components required by the manufacturer or

distributor to be installed before the sale of a vehicle to a consumer.

(3) Diagnostic work.

(4) Maintenance programs.

(5) Extended warranty.

(6) Certified preowned warranty.

(7) Service contracts.

(8) Parts exchange programs.

(9) Recall, goodwill, and warranty work performed by the dealer.

b. Reasonable compensation for labor for the services identified in subdivision a

may not be less than the average retail rate charged by the dealer as provided

under subsection 5 multiplied by the time guide used by the dealer for

nonwarranty customer-paid service repair orders. To establish a time guide, a

dealer shall provide written notice to the manufacturer or distributor with the name

of the time guide the dealer uses. The manufacturer or distributor may not require

the dealer to provide any other information to establish the time guide the dealer

uses. If no time guide exists for a warranty repair, compensation for warranty

labor must equal the dealer's average retail rate multiplied by the time spent to

complete the repair, and may not be less than the time charged to a retail

customer for the same or similar work provided. A dealer shall use time

allowances for the diagnosis and performance of work and service which are

reasonable and adequate for a qualified technician to perform the work or

services. Reasonable compensation for parts for the services identified in

subdivision a may not be less than the average retail rate customarily charged by

the dealer for these parts as provided under subsection 4.

2. A dealer shall submit a claim for reimbursement for services within ninety days from

the completion of the services identified in subdivision a of subsection 1. A motor

vehicle manufacturer or distributor shall pay a dealer on a claim made by a dealer

under this section within thirty days of the approval of the claim. The manufacturer or

distributor shall either approve or disapprove a claim within thirty days after the claim

is submitted to the manufacturer or distributor. The manufacturer or distributor may

prescribe the manner in which and the forms on which the dealer must present the

claim. A claim not specifically disapproved in writing within thirty days after the

manufacturer or distributor receives the claim must be construed to be approved and

the manufacturer or distributor shall pay the claim within thirty days. If a manufacturer

or distributor disapproves a claim in writing within thirty days, the manufacturer or

distributor shall contemporaneously provide the dealer with a detailed written

explanation of the reason the claim was disapproved. The dealer has thirty days from

the receipt of the disapproval to resubmit a corrected claim.

3. A motor vehicle manufacturer or distributor shall fully compensate its motor vehicle

dealers licensed in this state for parts and labor specified in this section. Failure to fully

compensate includes a reduction in the amount due under this section to the dealer or

imposing a separate charge, surcharge, or other imposition by which the motor vehicle

manufacturer or distributor seeks to recover the costs of complying with this section

from the dealer.

4. The retail rate customarily charged by the dealer for parts is established by the dealer

submitting to the manufacturer or 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.

5. The retail rate customarily charged by the dealer for labor must be established using

the same process as provided under subsection 4 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 dealer, the dealer may use

the same repair orders to complete each calculation as provided under subsection 4.

6. In calculating the retail rate customarily charged by the dealer for parts and labor as

provided in subsections 4 and 5, the following work may not be included in the

calculation:

a. Repairs for manufacturer or distributor special events, specials, or promotional

discounts for retail customer repairs;

b. Parts sold at wholesale;

c. Parts or labor used in manufacturer or distributor sponsored programs that

restrict the pricing for repairs;

d. Routine maintenance not covered under any retail customer warranty, including

fluids, filters, and belts not provided in the course of repairs;

e. Nuts, bolts, fasteners, and similar items that do not have an individual part

number;

f. Replacement or work on tires, including wheel or tire rotations or balancing, or

replacements of brakes, including brake drums, rotors, shoes, or pads;

g. Vehicle reconditioning;

h. Alignments, unless necessary as part of a mechanical repair;

i. Batteries, other than electric vehicle or hybrid vehicle propulsion batteries;

j. Repairs of a motor vehicle owned by the dealer or an employee of the dealer;

k. Installation of accessories;

l. Repairs to or with aftermarket parts; and

m. Repairs performed on motor vehicles of a line make other than that for which the

dealer is franchised by the motor vehicle manufacturer.

7. a. The average of the parts markup rates and labor rate calculated under

subsections 4 through 6 is presumed to be fair and reasonable and must go into

effect thirty days following the manufacturer's receipt of the submission subject to

the manufacturer or distributor's ability to contest the rate as provided in this

subsection. The motor vehicle manufacturer or distributor may not issue more

than one notice to the dealer contesting any declared labor rate or parts markup,

and may not add to, expand, supplement, or otherwise modify any reason for

contesting the declared rate or parts markup. A manufacturer or distributor may

contest the material accuracy of the rate calculated under this section by

providing a written objection to the dealer within thirty days after receiving the

dealer's submission, and shall:

(1) Provide the dealer with a copy of all calculations used by the motor vehicle

manufacturer or distributor to make the determination of the dealer's labor

rate or parts markup, a written explanation of the basis for any inaccuracy

alleged by the motor vehicle manufacturer or distributor, and evidence

substantiating any written explanation.

(2) Provide a proposed adjustment of the dealer's labor rate or parts markup

based solely upon the information provided by paragraph 1.

(3) Commence paying the dealer at the proposed adjusted labor rate or parts

markup determined by the motor vehicle manufacturer or distributor as

provided in this section. This section applies to all proposed adjusted labor

rates or parts markups, even if the motor vehicle manufacturer's or

distributor's determination of the labor rate or parts markup is different from

the labor rate or parts markup provided in the dealer's submission.

b. If a motor vehicle manufacturer or distributor fails to comply with the requirements

of subdivision a within thirty days of receipt of submission, the submission is

approved.

c. If a dealer agrees with the conclusions of the motor vehicle manufacturer or

distributor and any corresponding adjustment to the labor rate or parts markup

contained within the written objection, no further action is required. The new

adjusted rate is effective thirty days after the dealer's submission is received by

the manufacturer or distributor.

d. If a motor vehicle manufacturer or distributor provides a written objection that

complies with the requirements under subdivision a, and the dealer does not

agree with the proposed adjusted labor rate or parts markup contained within the

written objection, or if the dealer disputes the motor vehicle manufacturer or

distributor complied with the provisions of subdivision a, the dealer may bring an

action in a court of competent jurisdiction. In such proceeding:

(1) The motor vehicle manufacturer or distributor has the burden of proof by a

preponderance of the evidence, and must show:

(a) The manufacturer or distributor complied with subdivision a;

(b) The dealer's submitted labor rate or parts markup was materially

inaccurate; and

(c) The manufacturer's or distributor's proposed adjustment to the

dealer's submitted labor rate or parts markup was materially accurate.

(2) If the dealer prevails in the action, the dealer's labor rate or parts markup is

retroactive to the date thirty days following the motor vehicle manufacturer's

or distributor's receipt of the submission, and the dealer shall recover all

expenses in bringing and maintaining the action, including reasonable

attorney fees. If a court finds the motor vehicle manufacturer or distributor

willfully violated this section, the dealer is entitled to recover three times the

amount of the retroactive labor rate or parts markup.

8. In establishing a rate under this section, the dealer's labor rate or parts markup must

be calculated using the method prescribed in subsections 4 though 6.

9. A dealer, manufacturer, or distributor may demand that the average parts markup or

average labor rate be calculated using the process provided under subsections 4

and 5; 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 dealer or manufacturer or distributor,

the dealer shall determine the repair orders to be included in the calculation under

subsections 4 and 5.

10. a. If a motor vehicle manufacturer or distributor furnishes, or causes to be furnished,

a part to a dealer at no cost or at a reduced cost for use in performing the

services identified in subdivision a of subsection 1, the motor vehicle

manufacturer or distributor shall compensate the dealer in the same manner as

parts compensation under this section by paying the dealer for the dealer's cost

of the part, if any, plus an amount equal to the dealer's parts markup, multiplied

by the wholesale value of the part. The wholesale value of the part must be the

greater of:

(1) The amount the dealer paid for the part or a substantially identical part if

already owned by the dealer;

(2) The cost of the part shown in a current, or prior, motor vehicle

manufacturer's, distributor's, or furnishing party's established price schedule;

and

(3) The cost of a substantially identical part shown in a current, or prior, motor

vehicle manufacturer's, distributor's, or furnishing party's established price

schedule.

b. A motor vehicle manufacturer or distributor may not establish or implement a

special part number for any part used in the services identified in subdivision a of

subsection 1 if it results in lower compensation to the dealer than as calculated

under this section.

11. A motor vehicle manufacturer or distributor may not:

a. Require or influence or attempt to influence a dealer to implement or change the

prices for which it sells parts or labor in retail repairs.

b. Implement or continue a policy, procedure, or program to any of its dealers in this

state for compensation under this section which is inconsistent with this section

unless otherwise agreed by the dealer and the manufacturer or distributor.

c. Take, or threaten to take, adverse action against a dealer that seeks to obtain

compensation under this section, including:

(1) Creating or implementing an obstacle or process that is inconsistent with the

motor vehicle manufacturer's obligations to the dealer under this chapter;

(2) Acting in bad faith; or

(3) Hindering, delaying, or rejecting the proper and timely payment of

compensation due to a dealer under this section, provided nothing in this

paragraph may restrict or impair audits or chargebacks conducted in

accordance with section 51-07-02.4.

12. This section applies to all manufacturers and distributors as defined by section

51-07-00.1, and any other person that supplies a component or part installed on a new

motor vehicle for which the warranty of the component or part is warrantied by another

person that is not the manufacturer.
N.D. Cent. Code § 51-19-05 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-05
51-19-05. Exemption proceedings
Status: in_force

51-19-05. Exemption proceedings

The commissioner may by order deny or revoke any exemption specified in section

51-19-04 with respect to the offer or sale of a specific franchise. No such order may be entered

without appropriate prior notice to all interested parties, opportunity for hearing, and written

findings of fact and conclusions of law, except that the commissioner may by order summarily

deny or revoke any of the specified exemptions pending final determination of any proceeding

under this section. Upon the entry of a summary order, the commissioner shall promptly notify

all interested parties that it has been entered and the reasons therefor and that within fifteen

days of the receipt of a written request the matter will be set down for hearing. If no hearing is

requested and none is ordered by the commissioner, the order will remain in effect until it is

modified or vacated by the commissioner. If a hearing is requested or ordered, the

commissioner, after notice of an opportunity for hearing to all interested persons, may modify or

vacate the order or extend it until final determination. No order under this section may operate

retroactively. No person may be considered to have violated section 51-19-03 by reason of any

offer or sale effected after the entry of an order under this section if the person sustains the

burden of proof that the person did not know, and in the exercise of reasonable care would not

have known, of the order.
N.D. Cent. Code § 51-08.1-11 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-11
51-08.1-11. Remedies cumulative
Status: in_force

51-08.1-11. Remedies cumulative

The remedies provided in this chapter are cumulative.
N.D. Cent. Code § 51-07-07 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-07
51-07-07. Reasonable time to discover defects in engine or machinery - Rescinding contract - When contract void
Status: repealed

51-07-07. Reasonable time to discover defects in engine or machinery - Rescinding

contract - When contract void.

Repealed by S.L. 2001, ch. 447, § 7.
N.D. Cent. Code § 51-04-01 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-01
51-04-01. Definitions
Status: in_force

51-04-01. Definitions

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

1. "Merchandise" does not include any livestock or agricultural product.

2. "Transient merchant" includes any person, individual, copartnership, corporation, or

limited liability company, either as principal or agent, who engages in, does, or

transacts any temporary or transient business in this state, either in one locality, or in

traveling from place to place in this state, selling, or soliciting orders for future delivery

of, goods, wares, merchandise, personal property, and personal services including

spraying, trimming, or pruning of trees and shrubs of all species, painting or repairing

buildings or structures, pest or rodent control, and taking photographs for present or

future delivery, who does not intend to become and does not become a permanent

merchant of such place.
N.D. Cent. Code § 51-17.1-01 — ND Code / Title 51 / Chapter 51-17.1 / Section 51-17.1-01
51-17.1-01. Currency exchange - Penalty
Status: in_force

51-17.1-01. Currency exchange - Penalty

1. A nonbanking institution may engage in the business of a currency exchange if:

a. The institution does not contract with another person to manage the currency

exchange business; however, this does not prohibit the business from employing

individuals to operate a currency exchange business;

b. The institution displays in a prominent manner on the premises of the business

the fees charged to exchange currency;

c. The maximum fees charged to exchange currency are limited to any direct cost of

verification fees and:

(1) The greater of five percent of the face amount or five dollars, for cashing a

draft, personal check, payroll check, traveler's check, or money order; and

(2) The greater of three percent of the face amount or five dollars, for cashing a

state public assistance check or a federal social security check;

d. The institution does not accept money or currency for deposit or act as bailee or

agent of persons to hold money or currency in escrow for others for any purpose;

and

e. The institution does not exchange currency on the premises of a charitable

gaming site.

2. For purposes of this section, "currency exchange" means cashing a check, draft,

money order, or traveler's check or issuing a money order or traveler's check as an

agent for another, for a fee. The term does not include providing these services

incidental to a primary business if there is not a charge for cashing a check or draft.

3. This section does not authorize a business to make any type of loan, including a

deferred presentment service transaction, payday loan, cash advance, payday cash

advance, or motor vehicle title loan.

4. A nonbanking institution may not accept a postdated check in a currency exchange

transaction.

5. A person violating this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 51-07-01 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-01
51-07-01. Retail farm implement; lawn and garden equipment; or vehicle dealer may recover price of merchandise upon discontinuance of contract by wholesaler or retail dealer
Status: in_force

51-07-01. Retail farm implement; lawn and garden equipment; or vehicle dealer may

recover price of merchandise upon discontinuance of contract by wholesaler or retail

dealer.

1. If a person engaged in the business of retailing farm implements, machinery, or

attachments, or parts for the same; lawn and garden equipment, or parts for the same;

or automobiles, trucks, or semitrailers, or parts for the same, enters a contract under

which the retailer agrees to maintain a stock of the merchandise covered under this

section with a wholesaler, manufacturer, or distributor of the covered merchandise and

tools and the wholesaler, manufacturer, or distributor or the retailer desires to cancel or

discontinue the contract, the wholesaler, manufacturer, or distributor shall pay to the

retailer, unless the retailer desires to keep the merchandise, a sum equal to:

a. One hundred percent of the net cost of all current unused complete farm

implements, machinery, and attachments; lawn and garden equipment; and

automobiles, trucks, and semitrailers.

b. One hundred percent of the actual merchandise and tool transportation charges

that have been paid by the retailer.

c. Ninety percent of the net prices on parts, including superseded parts, as shown in

the manufacturer's, wholesaler's, or distributor's current price lists or catalogs in

effect at the time the contract is canceled, discontinued, or not renewed. These

parts must have previously been purchased from the wholesaler, manufacturer, or

distributor, and must have been either held by the retailer on the date of the

cancellation of, discontinuance of, or failure to renew the contract or received by

the retailer from the wholesaler, manufacturer, or distributor after the date of the

cancellation, discontinuance, or failure to renew.

d. Fifty percent of the net cost of all complete specialized tools for the covered

merchandise.

e. Five percent of the current net price of all parts returned for the handling, packing,

and loading of the parts back to the wholesaler, manufacturer, or distributor.

2. Upon the payment of the amounts under subsection 1, the retailer shall pass the title

to the covered merchandise and tools to the manufacturer, wholesaler, or distributor

making the payment, and the manufacturer, wholesaler, or distributor is entitled to the

possession of the covered merchandise and tools. All payments required to be made

under this section must be made within thirty days after the final settlement between

the retailer and the wholesaler, manufacturer, or distributor.

3. The provisions of this section are supplemental to any agreement between the retailer

and the manufacturer, wholesaler, or distributor covering the return of any

merchandise and tools covered under this section. The retailer can elect to pursue

either the retailer's contract remedy or the remedy provided in this section. An election

by the retailer to pursue the retailer's contract remedy does not bar the retailer's right

to the remedy provided in this section as to any merchandise and tools covered under

this section which is not affected by the contract remedy.

4. The obligations of any wholesaler, manufacturer, or distributor under this section and

sections 51-07-01.1 and 51-07-03 apply to any successor in interest or assignee of

that wholesaler, manufacturer, or distributor. A successor in interest includes any

purchaser of assets or stock, any surviving corporation or limited liability company

resulting from a merger or liquidation, any receiver, or any trustee of the original

wholesaler, manufacturer, or distributor.

5. The provisions of this section apply to all contracts now in effect which have no

expiration date and are a continuing contract, and all other contracts entered or

renewed after July 31, 2003. Any contract in force and effect on August 1, 2003, which

by its own terms will terminate on a date subsequent thereto is governed by the law as

it existed before August 1, 2003.
N.D. Cent. Code § 51-15-06 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-06
51-15-06. Failure to supply information or obey subpoena
Status: in_force

51-15-06. Failure to supply information or obey subpoena

If any person fails or refuses to file any statement or report, or obey any subpoena issued

by the attorney general, the attorney general may, after notice, apply to a district court and, after

hearing thereon, request an order:

1. Granting injunctive relief, restraining the sale or advertisement of any merchandise by

such persons;

2. Vacating, annulling, or suspending the charter of a for-profit or nonprofit corporation or

limited liability company created by or under the laws of this state or revoking or

suspending the certificate of authority to do business in this state of a foreign

corporation or limited liability company or revoking or suspending any other licenses,

permits, or certificates issued pursuant to law to such person which are used to further

the allegedly unlawful practice; and

3. Granting such other relief as may be required;

until the person files the statement or obeys the subpoena.
N.D. Cent. Code § 51-19-08 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-08
51-19-08. Prospectus requirements
Status: in_force

51-19-08. Prospectus requirements

1. The application for registration must be accompanied by a proposed prospectus which

must contain the material information set forth in the application for registration, as

specified by rule of the commissioner, and such additional disclosures as the

commissioner may require.

2. Except as otherwise provided in this chapter, no part of the prospectus may be

underscored, italicized, or printed in larger or bolder type than the rest of the

prospectus unless the commissioner requires or permits it. The prospectus must recite

in bold type of not less than ten-point type that registration does not constitute

approval, recommendation, or endorsement by the commissioner.

3. The commissioner may by rule or order require that specified parts of the prospectus

be emphasized by italics, boldfaced type, or other means, that earnings or sales

projections or estimates be qualified by appropriate legend and by the filing with the

commissioner of such other information or documents as are necessary or appropriate

in the public interest or for the protection of prospective franchisees or subfranchisors

and may require that such additional information or documents be furnished to

prospective franchisees or subfranchisors as part of the prospectus.

4. The commissioner may by rule or order provide that any information required to be

included in the prospectus need not be included in respect of any class of franchisees

if the commissioner finds that such information is inappropriate to such class and that

disclosure adequate for the protection of prospective franchisees or subfranchisors is

otherwise included within the prospectus.

5. The commissioner may accept, in lieu of the prospectus meeting the requirements set

forth in this chapter, a prospectus which complies with the requirements of any federal

law or administrative rule or with the law of any other state requiring substantially the

same disclosure of information as is required under this chapter.

6. It is unlawful to sell any franchise in this state which is subject to registration under this

chapter without first providing the prospective franchisee at least seven days prior to

the execution by the prospective franchisee of any binding franchise or other

agreement or at least seven days prior to the receipt of any consideration, whichever

occurs first, a copy of the prospectus, together with a copy of all proposed agreements

relating to the sale of the franchise. The franchisee must be permitted to retain the

prospectus prior and subsequent to the execution of any franchise or other agreement.

The person offering or selling the franchise shall obtain a receipt signed by the

prospective franchisee acknowledging that the prospective franchisee has received a

copy of the prospectus as required under this subsection. The receipt must be kept in

the possession of the person offering or selling the franchise, subject to inspection by

the commissioner, for a period of three years from the date the receipt is taken.
N.D. Cent. Code § 51-10-09 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-09
51-10-09. Proof of intent - Cost surveys
Status: repealed

51-10-09. Proof of intent - Cost surveys

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-36-04 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-04
51-36-04. Factors for claim of patent infringement not made in bad faith
Status: in_force

51-36-04. Factors for claim of patent infringement not made in bad faith

A court may consider the following factors as evidence a person has not made a bad faith

assertion of patent infringement:

1. The demand letter contains all of the information described in subsection 1 of section

51-36-03.

2. If the demand letter lacks the information described in subsection 1 of section

51-36-03 and the target requests the information, the person provides the information

within a reasonable period of time.

3. The person engages in a good faith effort to establish the target has infringed the

patent and to negotiate an appropriate remedy.

4. The person makes a substantial investment in the use of the patent or in the

production or sale of a product or item covered by the patent.

5. The person is:

a. The inventor or joint inventor of the patent or, in the case of a patent filed by and

awarded to an assignee of the original inventor or joint inventor, is the original

assignee; or

b. An institution of higher education or a technology transfer organization owned or

affiliated with an institution of higher education.

6. The person has:

a. Demonstrated good faith business practices in previous efforts to enforce the

patent or a substantially similar patent; or

b. Successfully enforced the patent, or a substantially similar patent, through

litigation.

7. Any other factor the court finds relevant.
N.D. Cent. Code § 51-07-24 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-24
51-07-24. Insurance claims for excessive charges - Penalty
Status: in_force

51-07-24. Insurance claims for excessive charges - Penalty

1. A person who sells goods or services paid for by the consumer from proceeds of an

insurance policy that provides coverage for physical damage to automobiles may not:

a. Advertise or promise to provide a good or service as an incentive, pay or waive

all or part of any applicable insurance deductible, or pay a rebate in an amount

equal to all or part of any applicable insurance deductible; or

b. Knowingly charge an amount for the good or service that exceeds the usual and

customary charge by that person for the good or service by an amount equal to or

greater than all or part of the applicable insurance deductible paid by that person

on behalf of an insured or remitted to an insured by that person as a rebate.

2. A person who is insured under an insurance policy that provides coverage for physical

damage to automobiles may not knowingly submit a claim under the policy based on

charges that are in violation of subsection 1 or may not knowingly allow a claim in

violation of subsection 1 to be submitted, unless the person promptly notifies the

insurer of the excessive charges.

3. A violation of this section is a class B misdemeanor.
N.D. Cent. Code § 51-31-03 — ND Code / Title 51 / Chapter 51-31 / Section 51-31-03
51-31-03. Extended fraud alerts
Status: in_force

51-31-03. Extended 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:

1. Include a fraud alert in the file of that consumer and continue that alert along with any

credit score generated in using that file, during the seven-year period 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 that period and the agency has

received appropriate proof of the identity of the requester for that purpose; and

2. During the five-year period beginning on the date of the request, exclude the

consumer from any list of consumers prepared by the consumer reporting agency and

provided to any third party to offer credit or insurance to the consumer as part of a

transaction that was not initiated by the consumer, unless the consumer or the

consumer's representative requests that the exclusion be rescinded before the end of

that period.
N.D. Cent. Code § 51-10-06 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-06
51-10-06. Injunctional relief may be had in addition to other penalties - Duty to commence actions
Status: in_force

51-10-06. Injunctional relief may be had in addition to other penalties - Duty to

commence actions.

In addition to the penalties provided in this chapter, the courts of this state are invested with

the jurisdiction to prevent and restrain violations of this chapter by injunctional proceedings. The

attorney general and the several state's attorneys shall institute suits in behalf of this state, to

prevent and restrain violations of the provisions of this chapter. Any person damaged, or who is

threatened with loss or injury, by reason of a violation of the provisions of this chapter, is entitled

to sue for and have injunctive relief in the district court against any damage or threatened loss

or injury by reason of a violation hereof.
N.D. Cent. Code § 51-07-19 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-19
51-07-19. Presumptions
Status: in_force

51-07-19. Presumptions

1. It is presumed that a reasonable number of attempts have been undertaken to make a

passenger motor vehicle conform to the applicable express warranties, if:

a. The same nonconformity has continued to exist, despite having been subject to

repair more than three times by the manufacturer, its agent, or its authorized

dealer, within the express warranty term or within one year of the date of original

delivery of the passenger motor vehicle to a consumer, whichever is the earlier

date.

b. The passenger motor vehicle is out of service for repair for a cumulative total of at

least thirty business days during the warranty term or in a year, whichever is less.

2. The term of an express warranty, the one-year period and the thirty-day period, are

extended by any period during which repair services are not available to the consumer

because of war, invasion, strike, fire, flood, or other natural disaster.

3. The presumption does not apply against a manufacturer unless the manufacturer has

received prior direct notification from or on behalf of the consumer and an opportunity

to cure the alleged defect.
N.D. Cent. Code § 51-23-23 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-23
51-23-23. Remedies
Status: in_force

51-23-23. Remedies

Every sale or contract for sale made in violation of this chapter, or of any rule or order

issued by the commissioner under this chapter, is voidable at the election of the purchaser. The

person making a sale or contract for sale, and every director, officer, salesperson, or agent of or

for the person who participated or aided in any way in making the sale is jointly and severally

liable to the purchaser. The purchaser may sue either to recover the full amount paid by the

purchaser and any court costs, interest at a rate consistent with section 47-14-05, and

reasonable attorney's fees, less the amount of any income received on the commodities upon

tender to the seller of the commodities sold or of the contracts made. If the person no longer

owns the commodities, the person may sue for damages that would be recoverable upon a

tender, less the value of the commodities when the purchaser disposed of the commodities and

interest from the date of disposition. However:

1. No action may be brought under this section for the recovery of the purchase price

after five years from the date of the sale or contract for sale.

2. No purchaser may claim or have the benefit of this section if the purchaser refused or

failed to accept, within thirty days from the date of the offer, an offer in writing of the

seller to take back the commodity contract in question and to refund the full amount

paid by the purchaser, together with interest on the amount for the period from the

date of payment by the purchaser to the date of repayment.

3. This chapter does not limit any statutory or common-law right of any person in any

court for any act involved in the sale of commodities.
N.D. Cent. Code § 51-18-07 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-07
51-18-07. Buyer responsibility - Services
Status: in_force

51-18-07. Buyer responsibility - Services

1. Except as provided in subsection 3 of section 51-18-05, within twenty days after a

personal solicitation sale has been canceled, the buyer upon demand shall tender to

the seller any goods delivered by the seller pursuant to the sale, but the buyer is not

obligated to tender at any place other than the buyer's own address. If the seller fails

to take possession of such goods within twenty days after cancellation, the goods

become the property of the buyer without obligation to pay for them.

2. The buyer shall take reasonable care of the goods in the buyer's possession both prior

to cancellation and during the following twenty-day period. During the twenty-day

period after cancellation, except for the buyer's duty of care, the goods are at the

seller's risk.

3. If the seller has performed any services pursuant to a personal solicitation sale prior to

its cancellation, and if the seller's services result in the alteration of property of the

buyer, the seller shall restore the property to substantially as good condition as it was

in at the time the services were rendered.

4. The buyer may not cancel a personal solicitation sale if the buyer initiates the contract

with the seller and requests the seller to provide goods or services without delay and

the seller in good faith makes a substantial beginning of performance before notice of

cancellation, and the goods cannot be returned to the seller in substantially as good

condition as when the buyer received them.
N.D. Cent. Code § 51-07-09 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-09
51-07-09. Waiving, releasing, or barring of claim for relief before it actually has accrued prohibited
Status: in_force

51-07-09. Waiving, releasing, or barring of claim for relief before it actually has

accrued prohibited.

A claim for relief arising out of the sale of personal property cannot be waived, released, or

barred before the claim for relief actually has accrued, notwithstanding any terms or provisions

of any contract or other written instrument to the contrary.
N.D. Cent. Code § 51-14-04 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-04
51-14-04. Scope of chapter - Effective date
Status: in_force

51-14-04. Scope of chapter - Effective date

The service charge allowed in section 51-14-03 shall be allowed to a seller or holder only:

1. If the seller enters into an agreement subject to the provisions of this chapter with any

buyer on or after July 1, 1959; or

2. In the case of any buyer who had entered into an agreement with a seller prior to July

1, 1959, if the seller or holder delivers or mails to the buyer a copy of a retail

installment credit agreement in conformity with this chapter duly executed on behalf of

the seller and the seller or holder thereafter complies with all the other provisions of

this chapter.

Nothing in this section contained may be construed to affect the validity or invalidity of any

agreement or alleged agreement made prior to July 1, 1959.
N.D. Cent. Code § 51-27-06 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-06
51-27-06. Violations - Damages (Contingent expiration date - See note)
Status: in_force

51-27-06. Violations - Damages. (Contingent expiration date - See note)

1. Damages to the recipient of a commercial electronic mail message sent in violation of

this chapter are five hundred dollars, or actual damages, whichever is greater.

2. Damages to an interactive computer service resulting from a violation of this chapter

are one thousand dollars, or actual damages, whichever is greater.
N.D. Cent. Code § 51-08.1-04 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-04
51-08.1-04. Exclusions
Status: in_force

51-08.1-04. Exclusions

1. Labor of a human being is not a commodity or an article of commerce.

2. Nothing in this chapter forbids the existence and operation of any labor, agricultural, or

horticultural organization instituted for the purpose of mutual help, while lawfully

carrying out its legitimate objects.
N.D. Cent. Code § 51-24-07 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-07
51-24-07. Sale or lease of a returned assistive technology device
Status: in_force

51-24-07. Sale or lease of a returned assistive technology device

No assistive technology device returned by a consumer or lessor may be sold or leased

again in this state unless full disclosure of the reasons for the return of the device is made to the

consumer.
N.D. Cent. Code § 51-23-05 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-05
51-23-05. Exempt transactions
Status: in_force

51-23-05. 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 § 51-24-05 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-05
51-24-05. Remedies - Leases
Status: in_force

51-24-05. Remedies - Leases

1. If, after a reasonable attempt to repair by the commercial lessor or manufacturer, the

assistive technology device is not repaired, the warranty is considered breached.

2. If the warranty is breached, the consumer may return the assistive technology device

to the commercial lessor that leased the device and the consumer may choose to

either:

a. Receive a new replacement assistive technology device from the commercial

lessor; or

b. Receive a full refund from the commercial lessor of all moneys paid under the

lease, including all finance charges.

3. The following conditions apply to the remedies in this section:

a. The commercial lessor is allowed up to thirty days after return of the original

assistive technology device to provide to the consumer either a new replacement

assistive technology device or a full refund of all moneys paid under the lease,

including any finance charges.

b. If a new replacement assistive technology device is not provided or if a full refund

is not paid when the consumer returns the original assistive technology device,

the commercial lessor shall provide a loaner to the consumer to use until the

lessor has provided to the consumer a new replacement assistive technology

device or a full refund of all moneys paid under the lease, including any finance

charges.

c. The consumer may not recover transaction costs and the commercial lessor may

not recover for use of the assistive technology device before the return of the

device on a warranty claim.

d. The consumer may not be required to deal directly with any person other than the

commercial lessor that leased the assistive technology device. If agreeable, the

consumer may deal with the manufacturer or other prior parties in the leasing,

sales, or distribution chain. If the commercial lessor is no longer dealing in

assistive technology devices, the consumer may deal with the lessor's successor.

e. The costs of a new replacement assistive technology device, a full refund, and

any loaner are to be borne in the first instance by the commercial lessor. The

commercial lessor may have rights to reimbursement or compensation from the

manufacturer or other prior parties in the leasing, sales, or distribution chain.

Those rights of the commercial lessor are not affected by this chapter.
N.D. Cent. Code § 51-06-02 — ND Code / Title 51 / Chapter 51-06 / Section 51-06-02
51-06-02. Retention of redemption funds
Status: in_force

51-06-02. Retention of redemption funds

Any person, firm, corporation, limited liability company, or association furnishing trading

stamps to retailers and agreeing to redeem trading stamps as provided in this chapter may not

discontinue the redemption of trading stamps without first notifying the secretary of state of such

intention to discontinue redemption. Upon such notice, the secretary of state shall direct that all

funds set aside by the person, firm, corporation, limited liability company, or association for the

redemption of trading stamps and such additional funds as in the judgment of the secretary of

state may be necessary, be retained by such person, firm, corporation, limited liability company,

or association responsible for the redemption of trading stamps for a period of six months for the

purpose of redeeming outstanding stamps in merchandise or reimbursing the holders thereof in

cash. The secretary of state may require the filing of an acceptable surety bond conditioned

upon the redemption of outstanding trading stamps or the reimbursement of the holders thereof.
N.D. Cent. Code § 51-15-02.3 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-02.3
51-15-02.3. Facilitating and assisting
Status: in_force

51-15-02.3. Facilitating and assisting

It is a deceptive act or practice in violation of this chapter for any person to provide

assistance or support to any person engaged in any act or practice in violation of this chapter

when the person providing assistance or support knows or consciously avoids knowing that the

other person is engaged in an act or practice in violation of this chapter. This section does not

authorize a private claim for relief for a violation of this section and no entity other than the

attorney general may enforce this section.
N.D. Cent. Code § 51-07-21 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-21
51-07-21. Limitation of actions
Status: in_force

51-07-21. Limitation of actions

An action brought under sections 51-07-16 through 51-07-22 must be commenced within

six months after the earlier of:

1. Expiration of the express warranty term; or

2. Eighteen months after the date of original delivery of the passenger motor vehicle to a

consumer.
N.D. Cent. Code § 51-07-28 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-28
51-07-28. Recording devices on motor vehicles - Disclosure - Removal
Status: in_force

51-07-28. Recording devices on motor vehicles - Disclosure - Removal

1. A manufacturer of a new motor vehicle sold or leased in this state which is equipped

with a recording device commonly referred to as an event data recorder shall disclose

by model year 2007 the presence, capacity, and capabilities of the event data recorder

in the owner's manual for the vehicle. A motor vehicle dealer shall include within the

purchase contract in a clear and conspicuous manner information on the possibility of

a recording device. As used in this section, an event data recorder means a feature

that is installed by the manufacturer of the vehicle and does any of the following for the

purpose of retrieving data:

a. Records the speed of the vehicle and the direction the motor vehicle is traveling.

b. Records vehicle location data.

c. Records steering performance.

d. Records brake performance, including whether brakes were applied before an

accident.

e. Records the driver's safety belt status.

f. Has the ability to transmit information concerning an accident in which the vehicle

has been involved to a central communications system when an accident occurs.

2. Data recorded on an event data recorder may not be downloaded or otherwise

retrieved by a person other than the owner of the motor vehicle at the time the data is

recorded, or through consent by the owner's agent or legal representative, except

under any of the following circumstances:

a. The data is retrieved for the purpose of improving motor vehicle safety, including

for medical research of the human body's reaction to motor vehicle accidents,

and the identity of the registered owner or driver is not disclosed in connection

with that retrieved data. The disclosure of the vehicle identification number, with

the last four digits deleted, for the purpose of improving vehicle safety, including

for medical research of the human body's reaction to motor vehicle accidents,

does not constitute the disclosure of the identity of the registered owner or driver.

A person authorized to download or otherwise retrieve data from a recording

device under this subdivision may not release that data, except to share the data

among the motor vehicle safety and medical research communities to advance

motor vehicle safety, and only if the identity of the registered owner or driver is

not disclosed.

b. The data is retrieved by a licensed motor vehicle dealer or by an automotive

technician for the purpose of diagnosing, servicing, or repairing the motor vehicle.

c. By stipulation of the parties to the proceeding or by order of the court.

3. "Owner" means a person having all the incidents of ownership, including the legal title

of a vehicle regardless of whether the person lends, rents, or creates a security

interest in the vehicle; a person entitled to the possession of a vehicle as the

purchaser under a security agreement; or the person entitled to possession of the

vehicle as lessee pursuant to a written lease agreement, if the agreement at inception

is for a period in excess of three months.

4. A person, including a service or data processor operating on behalf of the person,

authorized to download or otherwise retrieve data from an event data recorder

pursuant to subdivision a of subsection 2 may not release that data except for the

purposes of motor vehicle safety and medical communities to advance motor vehicle

safety, security, or traffic management; or to a data processor solely for the purposes

permitted by this subsection and only if the identity of the owner or driver of the vehicle

is not disclosed.

5. If a motor vehicle is equipped with a recording device that is capable of recording or

transmitting information relating to vehicle location data or concerning an accident to a

central communications system and that capability is part of a subscription service, the

fact that the information may be recorded or transmitted must be disclosed in the

terms and conditions of the subscription service. Subsection 2 does not apply to a

subscription service that meets the requirements of this subsection.

6. An insurer may not require as a condition of insurability consent of the owner for

access to data that may be stored within an event data recorder and may not use data

retrieved with the owner's consent before or after an accident for the purpose of rate

assessment.
N.D. Cent. Code § 51-07-02.2 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-02.2
51-07-02.2. Dealership transfers
Status: in_force

51-07-02.2. Dealership transfers

1. A dealer of automobiles or trucks, farm equipment, or parts for automobiles, trucks, or

farm equipment may not transfer, assign, or sell a dealer agreement to another person

unless the dealer first provides written notice to the manufacturer or distributor of the

intended action. Within sixty days of receiving the notice, the manufacturer or

distributor must approve or deny the action. If the manufacturer or distributor denies

the action, the manufacturer or distributor shall provide material reasons for the denial

to the dealer. If the manufacturer or distributor does not respond within the sixty-day

period, the action is deemed approved.

2. A denial by the manufacturer or distributor to accept a proposed transferee who meets

the written, reasonable, and uniformly applied standards of qualifications of the

manufacturer or distributor relating to the financial qualifications of the transferee and

business experience of the transferee is presumed to be unreasonable. If an action is

denied by the manufacturer or distributor, the dealer may file an action for

determination of a violation of this subsection. The dealer may pursue the dealer's

remedy under the contract or the remedy provided in this subsection. The

manufacturer or distributor has the burden of proof regarding all issues raised in the

action. The court shall approve the transfer unless the manufacturer or distributor can

prove the proposed transferee does not meet the written, reasonable, and uniformly

applied standards regarding financial qualifications and business experience.

3. As used in this section, "farm equipment" has the same meaning as in section

51-07-01.2.
N.D. Cent. Code § 51-28-01 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-01
51-28-01. Definitions
Status: in_force

51-28-01. Definitions

In this chapter, unless the context or subject matter otherwise requires, the terms shall have

the meanings as follows:

1. "Automatic dialing-announcing device" means a device that selects and dials

telephone numbers and that, working alone or in conjunction with other equipment,

disseminates a prerecorded or synthesized voice message to the telephone number

called.

2. "Caller" means a person, corporation, firm, partnership, association, or legal or

commercial entity that attempts to contact, or that contacts, a subscriber in this state

by using a telephone or a telephone line.

3. "Caller identification service" means a telephone service that permits telephone

subscribers to see the telephone number of incoming telephone calls.

4. "Established business relationship" means a relationship between a seller and

consumer based on a free trial newspaper subscription or on the consumer's

purchase, rental, or lease of the seller's goods or services or a financial transaction

between the consumer and seller, within the twenty-four months immediately

preceding the date of a telemarketing call.

5. "Message" means any telephone call, including voice, text, or other electronic

communication, regardless of its content.

6. "Subscriber" means a person who has subscribed to a residential telephone line or the

other persons living or residing with the subscribing person.

7. "Telephone line" means a telephone service to a subscriber, regardless of the

technology used to provide such service, including traditional wireline or cable

telephone service; cellular, broadband PCS, or other wireless telephone service;

microwave, satellite, or other terrestrial telephone service; and voice over internet

protocol telephone service.

8. "Telephone solicitation" means any voice, text, or other electronic communication over

a telephone line for the purpose of encouraging charitable contributions, or the

purchase or rental of, or investment in, property, goods, services, or merchandise,

including as defined in subsection 3 of section 51-15-01, whether the communication

is made by a live operator, through the use of an automatic dialing-announcing device,

or by other means. Telephone solicitation does not include communications:

a. To any subscriber with that subscriber's prior express written request, consent,

invitation, or permission.

b. By or on behalf of any person with whom the subscriber has an established

personal or business relationship.

c. By or on behalf of a charitable organization that is exempt from federal income

taxation under section 501 of the Internal Revenue Code, but only if the following

applies:

(1) The telephone call is made by a volunteer or employee of the charitable

organization; and

(2) The person who makes the telephone call immediately discloses the

following information upon making contact with the consumer:

(a) The person's true first and last name; and

(b) The name, address, and telephone number of the charitable

organization.

d. By or on behalf of any person whose exclusive purpose is to poll or solicit the

expression of ideas, opinions, or votes, unless the communication is a text

message.

e. By the individual soliciting without the intent to complete, and who does not in fact

complete, the sales presentation during the call, but who will complete the sales

presentation at a later face-to-face meeting between the individual solicitor or

person who makes the initial call and the prospective purchaser, unless the

communication is a text message.

f. By or on behalf of a political party, candidate, or other group with a political

purpose, as defined in section 16.1-08.1-01, unless the communication is a text

message.
N.D. Cent. Code § 51-06-01 — ND Code / Title 51 / Chapter 51-06 / Section 51-06-01
51-06-01. Cash value of trading stamps - Redemption
Status: in_force

51-06-01. Cash value of trading stamps - Redemption

All stamps, coupons, tickets, certificates, cards, or similar devices, hereinafter called trading

stamps, which are furnished to any person in the course of the sale of goods or merchandise

which may entitle the person holding such trading stamps to receive or procure from any person

goods or merchandise free of charge or for less than the retail market price thereof, the value of

such trading stamps excluded, shall have the cash value of each trading stamp stated on the

face thereof. All such trading stamps must, at the option of the holder, be redeemable in cash at

any office or agency of the trading stamp company redeeming the trading stamps in

merchandise or at any business establishment furnishing such trading stamps with the sale of

merchandise. Provided, further, that the provisions of this chapter do not apply to any coupon,

ticket, certificate, card, or other similar device issued or distributed by a manufacturer or packer,

which is redeemable for any goods, wares, or merchandise, either by the manufacturer or

packer, or their agents, or an independent contractor acting for redemption.
N.D. Cent. Code § 51-07-22 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-22
51-07-22. Resale of returned passenger motor vehicles - Penalty
Status: in_force

51-07-22. Resale of returned passenger motor vehicles - Penalty

1. A person may not sell or lease in this state a passenger motor vehicle that was

returned to the manufacturer in accordance with sections 51-07-16 through 51-07-22,

unless the manufacturer provides:

a. The same express warranty it provided to the original purchaser, except the term

of the warranty must be for at least twelve thousand miles or twelve months after

the date of resale, whichever is earlier; and

b. The purchaser a statement on a separate document that must be signed by the

manufacturer and the purchaser and must be in ten-point, capitalized type, in

substantially the following form: "IMPORTANT: THIS VEHICLE WAS RETURNED

TO THE MANUFACTURER BECAUSE DEFECTS COVERED BY THE

MANUFACTURER'S EXPRESSED WARRANTY WERE NOT REPAIRED

WITHIN A REASONABLE TIME AS PROVIDED BY NORTH DAKOTA LAW".

2. A person may not ship or deliver for resale or lease in another state a passenger motor

vehicle returned to the manufacturer in accordance with sections 51-07-16 through

51-07-22 unless full disclosure of the reasons for return is made to any prospective

buyer.

3. Violation of this section is a class B misdemeanor.
N.D. Cent. Code § 51-27-05 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-05
51-27-05. Toll-free number (Contingent expiration date - See note)
Status: in_force

51-27-05. Toll-free number. (Contingent expiration date - See note)

1. A sender initiating the transmission of a commercial electronic mail message shall

establish a toll-free telephone number, a valid sender-operated return electronic mail

address, or another easy-to-use electronic method that the recipient of the commercial

electronic mail message may call or access by electronic mail or other electronic

means to notify the sender not to transmit any further unsolicited commercial

electronic mail messages. The notification process may include the ability for the

commercial electronic mail messages recipient to direct the initiator to transmit or not

transmit particular commercial electronic mail messages based upon products,

services, divisions, organizations, companies, or other selections of the recipient's

choice.

2. A commercial electronic mail message must include a statement informing the

recipient of a toll-free telephone number that the recipient may call, or a valid return

address to which the recipient may write or access by electronic mail or another

electronic method established by the initiator, notifying the sender not to transmit to the

recipient any further unsolicited commercial electronic mail messages to the electronic

mail address specified by the recipient, and explaining the manner in which the

recipient may specify what commercial electronic mail messages the recipient does

and does not want to receive.
N.D. Cent. Code § 51-33-07 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-07
51-33-07. Information to government agencies not affected
Status: in_force

51-33-07. Information to government agencies not affected

Sections 51-33-01 through 51-33-06 do not prohibit a consumer reporting agency from

furnishing to a governmental agency a consumer's name, address, former address, places of

employment, or former places of employment.
N.D. Cent. Code § 51-14-02 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-02
51-14-02. Contents of revolving charge agreements - Requirements for delivery of monthly statements - Exception
Status: reserved

51-14-02. Contents of revolving charge agreements - Requirements for delivery of

monthly statements - Exception.

Every revolving charge agreement must be in writing and must be accepted by the retail

buyer. As used in this section, "accepted" means the buyer has signed the revolving charge

agreement, the buyer has used the account issued under a revolving charge agreement, or

within thirty days from the date of issuance the buyer has not canceled by written notice a credit

card or other access device issued under a revolving charge agreement. A copy of the revolving

charge agreement must be delivered or mailed to the retail buyer by the retail seller before the

date on which the first payment is due under the agreement. A revolving charge agreement

must state the amount and rate of the credit service charge to be charged and paid under the

agreement. The credit service charge, exclusive of late payment or other fees included therein,

must be set forth in the revolving charge agreement in terms of a monthly or annual percentage

rate to be applied to the balance outstanding from time to time under the agreement, as of the

beginning or end of each billing period or on a daily basis. Upon written notice, a seller may

change the terms of any revolving charge agreement, including the credit service charge, if this

right of amendment has been reserved. A change under this authority is effective as to existing

balances, if within twenty-five days of the effective date of the change, the buyer does not

furnish written notice to the seller that the buyer does not agree to abide by the changes. Upon

receipt of this written notice by the seller, the buyer has the remainder of the time under the

existing terms in which to pay all sums owed to the seller. Any request for additional credit under

a revolving charge agreement, including use of a credit card issued under the agreement, after

the effective date of the change of terms, including a change in the credit service charge, is

deemed to be an acceptance of the new terms, even though the twenty-five days has not

expired. The retail seller under a revolving charge agreement shall promptly supply the retail

buyer under the agreement with a statement as of the end of each monthly period or other

regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid

balance thereunder. Such statement must recite the following:

1. The unpaid balance under the revolving charge agreement at the beginning or end of

the period.

2. An identification of the goods or services purchased, the cash purchase price and the

date of each purchase, unless otherwise furnished by the retail seller to the retail

buyer by sales slip, memorandum, or otherwise.

3. The payments made by the retail buyer to the retail seller and any other credits to the

retail buyer during the period.

4. The amount of the credit service charge, if any, and also the percentage annual simple

interest equivalent of this amount.

5. A legend to the effect that the retail buyer may at any time pay the total indebtedness.

The items need not be stated in the sequence or order set forth in this section. Additional items

may be included to explain the computations made in determining the amount to be paid by the

retail buyer. If a revolving charge or credit account is also subject to the Truth in Lending Act [15

U.S.C. 1601-1667e], the seller may, instead of complying with this section, comply with all

requirements of the Truth in Lending Act.
N.D. Cent. Code § 51-04-05 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-05
51-04-05. Failure of affidavit
Status: in_force

51-04-05. Failure of affidavit

If the affidavit filed as prescribed in section 51-04-04 shows that the sale is not of the kind or

character proposed to be advertised or represented or fails to disclose the facts as required,

then the county auditor or the attorney general shall refuse the applicant a license for the sale.

Should a license be issued to the applicant, it must state that the applicant is authorized and

licensed to sell such goods, wares, and merchandise, and advertise and represent and hold

forth the same as being sold as such 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,

as shown in the affidavit.

The affidavit must be sworn to by the applicant before a person authorized to administer

oaths.
N.D. Cent. Code § 51-24-08 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-08
51-24-08. Other remedies - Penalties
Status: in_force

51-24-08. Other remedies - Penalties

1. This chapter does not limit rights or remedies available to a consumer under any other

law or contract.

2. Any waiver of rights by a consumer under this chapter, any waiver of the implied

warranty of merchantability for an assistive technology device, and any waiver of the

implied warranty of fitness for a particular purpose for an assistive technology device is

void.

3. In addition to pursuing any other remedy, a consumer may bring an action to recover

for any damages caused by a violation of this chapter. The court shall award a

consumer who prevails in an action to recover damages caused by a violation of this

chapter twice the amount of any pecuniary loss together with costs, disbursements,

reasonable attorney's fees, and any equitable relief that the court finds appropriate.

4. Any right to bring a class action under this chapter is properly regulated by the

judiciary. The supreme court, acting in its rulemaking capacity or otherwise, has full

authority under the Constitution of North Dakota to regulate class actions.
N.D. Cent. Code § 51-14.1-04 — ND Code / Title 51 / Chapter 51-14.1 / Section 51-14.1-04
51-14.1-04. Use of credit card when issuer guarantees cardholder checks allowed
Status: in_force

51-14.1-04. Use of credit card when issuer guarantees cardholder checks allowed

Sections 51-14.1-03 through 51-14.1-05 do not prohibit a person from recording a credit

card number as a condition for cashing or accepting the check or other draft when that person

has agreed with the card issuer to cash or accept checks or other drafts from the issuer's

cardholders and the issuer guarantees cardholder checks or other drafts cashed or accepted by

that person.
N.D. Cent. Code § 51-15-04 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-04
51-15-04. Powers of attorney general
Status: in_force

51-15-04. 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 by other provisions of law, including

chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18, or when the attorney general believes it

to be in the public interest to investigate whether a person in fact has engaged in, is engaging

in, or is about to engage in, any unlawful practice under this chapter or other provisions of law,

including chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18, the attorney general may:

1. Require that person to file, on forms the attorney general prescribes, a statement or

report in writing, under oath or otherwise, of all the facts and circumstances

concerning the sale or advertisement of merchandise by that person, as well as other

data and information the attorney general may determine necessary.

2. Examine under oath any person in connection with the sale or advertisement of any

merchandise.

3. Examine any merchandise or sample thereof, record, book, document, account, or

paper as the attorney general may determine necessary.

4. Pursuant to an order of a district court impound any merchandise or sample thereof,

record, book, document, account, or paper material to that practice and retain the

same in the attorney general's possession until the completion of all proceedings

undertaken under this section or in the courts.
N.D. Cent. Code § 51-07-03 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-03
51-07-03. Failure to pay sum specified on cancellation of contract - Liability
Status: in_force

51-07-03. Failure to pay sum specified on cancellation of contract - Liability

If a manufacturer, wholesaler, or distributor of merchandise and tools covered under

section 51-07-01, upon cancellation of a contract by either a retailer or a manufacturer,

wholesaler, or distributor, fails or refuses to make payment to the retailer as is required by

section 51-07-01, or refuses to supply covered merchandise or tools to any retailer of the

merchandise, who may have a retail sales contract dated after July 31, 2003, or a contract with

no expiration date or a continuing contract in force or effect on August 1, 2003, with the

manufacturer, wholesaler, or distributor, the manufacturer, wholesaler, or distributor is liable in a

civil action to be brought by the retailer for the amounts provided under subsection 1 of

section 51-07-01. The obligations of any wholesaler, manufacturer, or distributor apply to any

successor in interest or assignee of that wholesaler, manufacturer, or distributor. A successor in

interest includes any purchaser of assets or stock, any surviving corporation or limited liability

company resulting from a merger or liquidation, any receiver, or any trustee of the original

wholesaler, manufacturer, or distributor.
N.D. Cent. Code § 51-32-01 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-01
51-32-01. Prohibited acts regarding sale of tobacco products, electronic smoking devices, or alternative nicotine products to an individual under twenty-one years of age
Status: in_force

51-32-01. Prohibited acts regarding sale of tobacco products, electronic smoking

devices, or alternative nicotine products to an individual under twenty-one years of age.

1. It is unlawful for any person in the business of selling tobacco products to take an

order for a tobacco product, other than from a person who is in the business of selling

tobacco products, through the mail or through any telecommunications means,

including by telephone, facsimile, or the internet, if in providing for the sale or delivery

of the product pursuant to the order, the person mails the product or ships the product

by carrier, and the person fails to comply with each of the following procedures:

a. Before mailing or shipping the product, the person receives from the individual

who places the order the following:

(1) A copy of a valid government-issued document that provides the name,

address, and date of birth of the individual; and

(2) A signed statement from the individual providing a certification that the

individual:

(a) Is a smoker of legal minimum purchase age in the state;

(b) Has selected an option on the statement as to whether the individual

wants to receive mailings from a tobacco company; and

(c) Understands that providing false information may constitute a violation

of law.

b. Before mailing or shipping the product, the person:

(1) Verifies the date of birth or age of the individual against a commercially

available database; or

(2) Obtains a photocopy or other image of the valid, government-issued

identification stating the date of birth or age of the individual placing the

order.

c. Before mailing or shipping the product, the person provides to the prospective

purchaser, by electronic mail or other means, a notice that meets the

requirements of section 51-32-04.

d. In the case of an order for a product pursuant to an advertisement on the internet,

the person receives payment by credit card, debit card, or check for the order

before mailing or shipping the product.

e. (1) The person employs a method of mailing or shipping the product requiring

that the individual purchasing the product:

(a) Be the addressee;

(b) Have an individual of legal minimum purchase age sign for delivery of

the package; and

(c) If the individual appears to the carrier making the delivery to be under

twenty-seven years of age, take delivery of the package only after

producing valid government-issued identification that bears a

photograph of the individual, indicates that the individual is not under

the legal age to purchase cigarettes, and indicates that the individual

is not younger than the age indicated on the government-issued

document.

(2) The bill of lading clearly states the requirements in subdivision e and

specifies that state law requires compliance with the requirements.

f. The person notifies the carrier for the mailing or shipping, in writing, of the age of

the addressee as indicated by the government-issued document.

2. It is unlawful for any person in the business of selling electronic smoking devices or

alternative nicotine products to take an order for an electronic smoking device or

alternative nicotine product, other than from a person who is in the business of selling

electronic smoking devices or alternative nicotine products through the mail or through

any telecommunications means, including by telephone, facsimile, or the internet, if in

providing for the sale or delivery of the product pursuant to the order, the person mails

the product or ships the product by carrier, and the person fails to comply with each of

the following procedures:

a. Before the sale of the electronic smoking device or alternative nicotine product

verifies the purchaser is at least twenty-one years of age through a commercially

available database that is regularly used by business or governmental entities for

the purpose of age and identity verification; and

b. Uses a method of mailing, shipping, or delivery which requires an individual of

legal minimum purchase age to sign for delivery before the electronic smoking

device or alternative nicotine product is released to the purchaser.

3. As used in subsection 2, "electronic smoking devices" and "alternative nicotine

products" have the same meaning as in section 12.1-31-03.
N.D. Cent. Code § 51-10-07 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-07
51-10-07. Application of provisions of chapter
Status: in_force

51-10-07. Application of provisions of chapter

The provisions of this chapter do not apply to sales at retail or sales at wholesale, where:

1. Merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as

such.

2. Perishable merchandise must be sold promptly in order to forestall loss.

3. Merchandise is imperfect or damaged, or is being discontinued and is advertised,

marked, and sold as such.

4. Merchandise is sold upon the final liquidation of any business.

5. Merchandise is sold for charitable purposes or to relief agencies.

6. Merchandise is sold on contract to departments of the government or government

institutions.

7. The price of merchandise is made in good faith to meet legal competition.

8. Merchandise is sold by any officer acting under the order or direction of any court.

Any retailer or wholesaler claiming the benefits of any of the exemptions provided for in this

section shall have the burden of proof of facts entitling such retailer or wholesaler to any of the

benefits of said exemptions.
N.D. Cent. Code § 51-33-09 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-09
51-33-09. Changes to information - Written confirmation required
Status: in_force

51-33-09. Changes to information - Written confirmation required

If a security freeze is in place, a consumer reporting agency may not change any of the

following official information in a consumer report without sending a written confirmation of the

change to the consumer within thirty days of the change being posted to the consumer's file:

name, date of birth, social security number, and address. Written confirmation is not required for

technical modifications of a consumer's official information, including name and street

abbreviations, complete spellings, or transposition of numbers or letters. In the case of an

address change, the written confirmation shall be sent to both the new address and to the

former address.
N.D. Cent. Code § 51-14-03 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-03
51-14-03. Limitation of credit service charge
Status: in_force

51-14-03. Limitation of credit service charge

In a revolving charge agreement, a seller may contract for and, if so contracted for, the

seller or holder of the agreement may charge, receive, and collect the service charge authorized

by this section. The service charge may not exceed the amount agreed to by the parties. In the

event any payment by a buyer is insufficient to pay both the credit service charge and that

portion of the outstanding indebtedness then due, the payments must first be applied to the

credit service charge then due.
N.D. Cent. Code § 51-20.2-02 — ND Code / Title 51 / Chapter 51-20.2 / Section 51-20.2-02
51-20.2-02. Dealers may recover value of merchandise or parts from distributor in certain cases
Status: in_force

51-20.2-02. Dealers may recover value of merchandise or parts from distributor in

certain cases.

1. Whenever:

a. A distributor cancels or discontinues a contractual arrangement; or

b. A dealer cancels or discontinues a contractual arrangement because the

distributor entered into a contractual arrangement with another dealer to sell in

the same geographical area for which the first dealer had an exclusive

dealership,

the dealer may recover from the distributor the net cost to the dealer of all new and

unused merchandise, and parts for such merchandise, held by the dealer at the time

of cancellation or discontinuance of the contractual arrangement. The dealer may

enforce the right given under this section by civil action commenced in district court in

the county where the dealer has the dealer's principal place of business in North

Dakota.

2. The provisions of this section are supplemental to any contractual rights which the

dealer may have with respect to reimbursement for merchandise and parts inventory

held by the dealer at cancellation or discontinuance of a contractual arrangement. The

dealer may elect to pursue the dealer's rights under the contractual arrangement and

under this section, but the dealer's total recovery may not exceed the net cost of the

merchandise and parts, plus freight costs for return of the merchandise and parts,

remaining in the dealer's hands at the time of cancellation or discontinuance, plus legal

costs awarded by the court.
N.D. Cent. Code § 51-08.1-10 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-10
51-08.1-10. Limitation of actions
Status: in_force

51-08.1-10. Limitation of actions

1. An action under section 51-08.1-07 to recover a civil penalty is barred if it is not

commenced within four years after the claim for relief accrues.

2. An action under section 51-08.1-08 to recover damages is barred if it is not

commenced within four years after the claim for relief accrues, or within one year after

the conclusion of any timely action brought by the state under section 51-08.1-07 or

51-08.1-08 based in whole or in part on any matter complained of in the action for

damages, whichever is later.
N.D. Cent. Code § 51-24-01 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-01
51-24-01. Definitions
Status: in_force

51-24-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Assistive technology device" means any item, piece of equipment, or product system

that a consumer purchases or accepts transfer of in this state and which is used to

increase, maintain, or improve the functional capabilities of individuals with disabilities.

a. The term includes:

(1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other

aids that enhance the mobility or positioning of an individual, such as

positioning features, the switches and controls for any motorized or

nonmotorized features, and hydraulic or nonhydraulic lifts or elevators

designed to transport an individual from one location or level to another in

private personal vehicles or private residences.

(2) Telephone communication devices for the deaf, assistive listening devices,

and other aids that enhance an individual's ability to hear, except for hearing

instruments excluded by subdivision b.

(3) Voice-synthesized computer modules, optical scanners, talking software,

braille printers, artificial larynges, voice amplification devices, alternative

augmentative communication devices, and other devices that enhance an

individual's ability to communicate, except for those items excluded by

subdivision b.

(4) Voice recognition computer equipment, software and hardware

accommodations, switches, and other forms of alternative access to

computers.

(5) Adapted environmental control units.

(6) Any other assistive device, instrument, apparatus, or any component, part,

or accessory that enables an individual with a disability to perform tasks

such as communicating, speaking, seeing, hearing, maneuvering, moving,

walking, standing, reaching, grasping, working, sleeping, learning, or caring

for oneself, or which is used or intended to be used to assist, affect, or

replace the structure or any function of the body of an individual with a

disability, except for those items excluded by subdivision b.

b. The term does not include:

(1) Devices that are modified or customized pursuant to consumer design and

specifications;

(2) Hearing instruments as defined in subsection 2 of section 43-33-01;

(3) Eyeglasses;

(4) A surgical implant performed by a physician or surgeon; or

(5) A restoration or dental prosthesis provided by a dentist.

2. "Commercial lessor" means a person who is in the business of leasing assistive

technology devices to consumers or who holds the lessor's rights.

3. "Commercial seller" means a person who is in the business of selling or manufacturing

assistive technology devices.

4. "Consumer" means:

a. The purchaser of an assistive technology device from a commercial seller for

personal use;

b. A person to whom an assistive technology device is transferred for personal use

when all express warranties have not yet expired;

c. A person who may enforce the warranty on an assistive technology device;

d. A person who leases an assistive technology device from a commercial lessor; or

e. The parent or guardian of a person who is a consumer under subdivisions a

through d.

5. a. "In need of repair" means:

(1) A specific condition, generic defect, or malfunction that substantially impairs

the use, value, or safety of an assistive technology device or any of its

component parts; or

(2) The assistive technology device or a component of the assistive technology

device fails to conform to:

(a) Any applicable express warranties; or

(b) Any implied warranties including the implied warranty of

merchantability described in section 41-02-31 and the implied

warranty of fitness for a particular purpose described in section

41-02-32.

b. The term does not include a condition or defect that is the result of abuse or

unforeseen alteration of the assistive technology device by the consumer.

6. "Loaner" means an assistive technology device that is loaned to the user without

charge while repairs are made to the user's assistive technology device. A loaner

must:

a. Be in good working order;

b. Perform the essential functions of the assistive technology device that is being

repaired, considering the needs of the user; and

c. Not create a threat to the safety of the user.

7. "Manufacturer" means:

a. A person who manufactures or assembles assistive technology devices;

b. A person who manufactures or assembles any part of an assistive technology

device; and

c. All persons involved in the manufacture, distribution, or sales of assistive

technology devices up to the final retail seller or commercial lessor.

8. "Reasonable attempt to repair" means that, within one year after first delivery of the

assistive technology device to a consumer or within the life of an express warranty,

whichever is longer:

a. The assistive technology device is presented to the commercial seller in need of

repair at least four times and it is again in need of repair; or

b. The assistive technology device is in need of repair and available to the seller for

repair for at least thirty days. These thirty days may be consecutive or

nonconsecutive.

9. "Transaction costs" means expenses caused by a covered repair including the costs of

a loaner.
N.D. Cent. Code § 51-28-02 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-02
51-28-02. Use of prerecorded or synthesized voice messages
Status: in_force

51-28-02. Use of prerecorded or synthesized voice messages

A caller may not use or connect to a telephone line an automatic dialing-announcing device

or deliver a prerecorded or synthesized voice message to a subscriber unless the subscriber

has knowingly requested, consented to, permitted, or authorized receipt of the message or the

message is immediately preceded by a live operator who obtains the subscriber's consent

before the message is delivered. This section and section 51-28-05 do not apply to a message

from a public safety agency notifying a person of an emergency; a message from a school

district to a student, a parent, or an employee; a message to a subscriber with whom the caller

has a current business relationship; or a message advising an employee of a work schedule.
N.D. Cent. Code § 51-07-25 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-25
51-07-25. Motor vehicle fuel franchise agreements
Status: in_force

51-07-25. Motor vehicle fuel franchise agreements

A motor vehicle fuel franchise agreement may not require a security deposit except for the

purpose of securing against loss of or damage to property. The dealer may satisfy any security

deposit required by depositing cash or pledging a savings account or its equivalent in a financial

institution in this state. Earnings accruing on a savings account or its equivalent are the property

of the dealer and the dealer may withdraw the earnings annually from the account.
N.D. Cent. Code § 51-36-06 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-06
51-36-06. Private right of action
Status: in_force

51-36-06. Private right of action

A target of conduct involving assertions of patent infringement or a person aggrieved by a

violation of this chapter may bring an action in a court of proper jurisdiction. A court may award

the following remedies to a plaintiff that prevails in an action brought pursuant to this section:

1. Equitable relief;

2. Damages;

3. Costs and fees, including reasonable attorney fees; and

4. Exemplary damages in an amount equal to fifty thousand dollars or three times the

total of damages, costs, and fees, whichever is greater.
N.D. Cent. Code § 51-15-12 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-12
51-15-12. Limitation of actions
Status: in_force

51-15-12. Limitation of actions

Notwithstanding chapter 28-01, an action for relief under this chapter is barred if the claim is

not commenced within four years after the claim for relief accrues. The period of limitation for a

claim for relief may not be deemed to have accrued until the aggrieved party discovers the facts

constituting the violation of this chapter.
N.D. Cent. Code § 51-23-04 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-04
51-23-04. Exempt person transactions
Status: in_force

51-23-04. Exempt person transactions

1. The prohibitions in section 51-23-03 do not apply to any transaction offered by and in

which any of the following persons or any employee, officer, or director thereof acting

solely in that capacity is the purchaser or seller:

a. A person registered with the commodity futures trading commission as a futures

commission merchant or as a leverage transaction merchant whose activities

require such registration.

b. A person registered with the securities and exchange commission as a

broker-dealer whose activities require such registration.

c. A person affiliated with, and whose obligations and liabilities under the transaction

are guaranteed by, a person referred to in subdivision a or b.

d. A person who is a member of a contract market designated by the commodity

futures trading commission or any clearinghouse thereof.

e. A financial institution.

f. A person registered under the laws of this state as a securities dealer whose

activities require such registration.

g. A public warehouseman as defined in section 4.1-58-01.

2. The exemption provided by this section does not apply to any transaction or activity

which is prohibited by the Commodity Exchange Act or CFTC rule.
N.D. Cent. Code § 51-10-10 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-10
51-10-10. Procedure for establishing cost survey - Hearing - Notice
Status: repealed

51-10-10. Procedure for establishing cost survey - Hearing - Notice

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-13-07 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-07
51-13-07. Enforcement - Powers - Remedies - Penalties
Status: in_force

51-13-07. Enforcement - Powers - Remedies - Penalties

Any person who willfully violates this chapter is guilty of a class A misdemeanor. A willful

violation of section 51-13-02 or 51-13-03 by any person bars that person's recovery of any

finance charge or delinquency or collection charge on the retail installment contract involved. A

state's attorney or the 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 § 51-07-30 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-30
51-07-30. Customer contract clauses - Billing examples - Enforcement - Penalty
Status: in_force

51-07-30. Customer contract clauses - Billing examples - Enforcement - Penalty

1. As used in this section:

a. "Customer" means a person that borrows, buys, leases, or obtains services or

property under a service contract. The term does not include a government entity.

b. "Service contract" means a written agreement between a customer and a party

acting in the usual course of business in which a customer borrows, buys, leases,

or obtains personal property, real property, or services for valuable consideration.

c. "Terms and conditions" means general and special arrangements, provisions,

requirements, rules, specifications, and standards that form an integral part of an

agreement or contract.

2. If a service contract contains terms and conditions clauses, the service contract must

be accepted by the customer for the service contract to be enforceable.

3. If a service contract contains a liquidated damages clause, the clause must provide

specific examples of how any fees or charges will be calculated.

4. The attorney general may enforce this section. The attorney general, in enforcing this

section, has the powers provided in chapter 51-15 and may seek the remedies in

chapter 51-15. Each act in violation of this section constitutes a separate violation of

chapter 51-15. The remedies, duties, prohibitions, and penalties of this section 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 § 51-33-02 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-02
51-33-02. Right to obtain security freeze
Status: in_force

51-33-02. Right to obtain security freeze

A consumer may elect to place a security freeze on the consumer's consumer credit file by

making a request to a consumer reporting agency. The consumer may make the request:

1. By mail;

2. By telephone by providing proper identification or certain personal identification

required by the consumer reporting agency; or

3. Directly to the consumer reporting agency through a secure electronic mail connection

if the connection is made available by the consumer reporting agency.
N.D. Cent. Code § 51-34-01 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-01
51-34-01. Definitions
Status: in_force

51-34-01. Definitions

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

1. "Customer" means the person who subscribes to telephone service from a telephone

company or in whose name such telephone service is listed and to whom the

telephone record pertains.

2. "Procure" in regard to a telephone record means to obtain by any means, whether

electronically, in writing, or in oral form, with or without consideration.

3. "Telephone" means any device used by a person for voice or other electronic

communications, in connection with the services of a telephone company, whether

such voice or other electronic communications are transmitted in analog, data, or any

other form.

4. "Telephone company" means any person that provides commercial telephone services

to a customer, regardless of the communications technology used to provide such

service, including traditional wireline or cable telephone service; cellular, broadband

PCS, or other wireless telephone service; microwave, satellite, or other terrestrial

telephone service; and voice over internet telephone service.

5. "Telephone record" means information retained by a telephone company that relates to

the telephone number dialed by the customer or other person using the customer's

telephone with such customer's permission, the incoming number of a call directed to

a customer or other person using the customer's telephone with such customer's

permission, or other data related to such call typically contained on a customer's

telephone bill, including the times the call started and ended, the duration of the call,

the time the call was made, and any charges applied. A telephone record does not

include information collected and retained by a customer utilizing caller identification or

similar technology or include a carrier network record.
N.D. Cent. Code § 51-26-06 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-06
51-26-06. Application - Dealers reimbursed for warranty repair
Status: in_force

51-26-06. Application - Dealers reimbursed for warranty repair

1. If warranty repair work or service is performed for a consumer by a farm equipment

dealer under a manufacturer's express warranty, the manufacturer shall provide the

dealer with reasonable and adequate compensation for diagnostic work, as well as

repair service, parts, and labor, for warranty work compensation, a product

improvement program, a maintenance plan, an extended warranty, a certified

preowned warranty or a service contract, issued by the manufacturer or distributor or

its common entity. In addition, a manufacturer shall provide reasonable and adequate

time allowances for the diagnosis and performance of warranty work and service for

the work performed and the time allowances may not be less than the average time

spent by the dealer on similar work for nonwarranty customers. The hourly labor rate

and parts reimbursement rate paid by a manufacturer to the dealer under this

subsection may not be less than the average rate charged by the dealer for similar

service or sales to nonwarranty customers. A manufacturer or distributor may not pay

its dealers an amount of money for warranty work, parts, or service that is less than

the average rate charged by the dealer for similar service or sales to nonwarranty

customers. The dealer may accept the manufacturer's or supplier's warranty labor

reimbursement terms and conditions in lieu of the above.

2. The compensation required under subsection 1 includes transportation services,

including labor and equipment, necessary to transport equipment under warranty to

perform the service and to return the equipment to the customer. If transporting the

equipment to the dealership to perform the service is not mechanically or financially

feasible, the compensation required under subsection 1 includes travel to and from the

location of the equipment if the service or repairs are performed at the location of the

equipment. Reimbursement for travel time required under this subsection may not

exceed six hours.

3. A manufacturer shall pay a dealer on a claim made by a dealer under this section

within thirty days of the approval of the claim. The manufacturer shall either approve or

disapprove a claim within thirty days after the claim is submitted to the manufacturer.

The manufacturer may prescribe the manner in which and the forms on which the

dealer must present the claim. A claim not specifically disapproved in writing within

thirty days after the manufacturer receives the claim must be construed to be

approved and the manufacturer shall pay the claim within thirty days.

4. As used in this section, "farm equipment" has the same meaning as in section

51-07-01.2.
N.D. Cent. Code § 51-19-14 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-14
51-19-14. Criminal penalties
Status: in_force

51-19-14. Criminal penalties

1. Any person who willfully violates any provision of this chapter or who willfully violates

any rule or order under this chapter is guilty of a class B felony.

2. Any person who willfully employs, directly or indirectly, any device, scheme, or artifice

to defraud in connection with the offer or sale of any franchise or willfully engages,

directly or indirectly, in any act, practice, or course of business which operates or

would operate as a fraud or deceit upon any person in connection with the offer,

purchase, or sale of any franchise is guilty of a class B felony.

3. Nothing in this chapter limits the power of the state to punish any person for any

conduct that constitutes a crime.

4. An information must be filed or an indictment must be found under this chapter within

five years after the commissioner or criminal prosecutor knew or reasonably should

have known about the facts that are the basis for the prosecution.

5. "Willfully" means the person was aware of the consequences of the person's actions,

and proof of evil motive or intent to violate the law or knowledge that the law was being

violated is not required. Each act or omission is a separate offense, and a prosecution

or conviction for an offense does not bar a prosecution or conviction for any other

offense.
N.D. Cent. Code § 51-08.1-03 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-03
51-08.1-03. Establishment, maintenance, or use of monopoly
Status: in_force

51-08.1-03. Establishment, maintenance, or use of monopoly

The establishment, maintenance, or use of a monopoly, or an attempt to establish a

monopoly, of trade or commerce in a relevant market by any person, for the purpose of

excluding competition or controlling, fixing, or maintaining prices, is unlawful.
N.D. Cent. Code § 51-05.1-04 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-04
51-05.1-04. Definitions - Exceptions
Status: in_force

51-05.1-04. Definitions - Exceptions

1. Except as provided in subsection 5, an auctioneer within the meaning of this chapter is

a person who, for a compensation or valuable consideration, sells or offers for sale

either real or personal property at public auction as a whole or partial vocation.

2. Except as provided in subsection 5, a clerk within the meaning of this chapter is any

person, firm, partnership, copartnership, association, corporation, or limited liability

company who, for a compensation or valuable consideration, is employed either

directly or indirectly by an owner while the sale is in progress to record each item

offered for sale, its selling price, and the buyer's name or number; to collect all

proceeds of said sale; to pay all expenses connected with the sale; to prepare a full

closing statement of all receipts and disbursements; and to make settlement thereon

to parties properly entitled thereto within a reasonable length of time.

3. "Internet auction" means the selling or offering for sale either real or personal property

at public auction exclusively via the internet.

4. "Seller" means the owner or consignor of property to be sold at auction.

5. A person performing a single act or an isolated transaction in the selling of property at

auction for another does not constitute the person performing, offering, or attempting

to perform any of the acts enumerated in this section, and that person is not an

auctioneer or clerk within the meaning of this chapter. A person conducting, or

employed by a person conducting, an internet auction is not an auctioneer or clerk

within the meaning of this chapter.

6. Notwithstanding subsection 5, a person in this state engaged in the auto auction

business via the internet must be licensed as a motor vehicle dealer as provided for in

section 39-22-23.
N.D. Cent. Code § 51-23-15 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-15
51-23-15. Administration of chapter
Status: in_force

51-23-15. Administration of chapter

1. This chapter must be administered by the insurance commissioner.

2. Neither the commissioner nor any employees of the commissioner may use any

information which is filed with or obtained by the commissioner which is not public

information for personal gain or benefit, nor may the commissioner nor any employees

of the commissioner conduct any securities or commodity dealings whatsoever based

upon any such information, even though public, if there has not been a sufficient

period of time for the securities or commodity markets to assimilate such information.

3. a. Except as provided in subdivision b, all information collected, assembled, or

maintained by the commissioner is public information and is available for the

examination of the public.

b. The commissioner may keep confidential information obtained in private

investigations pursuant to this chapter and information obtained from federal

agencies which may not be disclosed under federal law.

c. No provision of this chapter either creates or derogates any privilege which exists

at common law, by statute, or otherwise when any documentary or other

evidence is sought under subpoena directed to the commissioner or any

employee of the commissioner.
N.D. Cent. Code § 51-12-02.1 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-02.1
51-12-02.1. Popcorn toppings - Advertisement - Sale - Penalty
Status: in_force

51-12-02.1. Popcorn toppings - Advertisement - Sale - Penalty

No person advertising, offering for sale, or selling popcorn intended for consumption on the

premises where purchased may use the word butter, or any derivative of the word butter, to

describe a topping placed on popcorn, unless the topping is real butter or unless the word

butter, or derivative of the word butter, is a part of the commercial brand name of the topping

product. The allowable use under this section of the word butter, or any derivative of the word

butter, as part of the commercial brand name of a topping product is limited to use in that

manner and popcorn with such a topping may not be described as buttered popcorn. Any

person who violates this section is guilty of an infraction.
N.D. Cent. Code § 51-18-07.1 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-07.1
51-18-07.1. Place of transaction
Status: in_force

51-18-07.1. Place of transaction

Any sale subject to this chapter is considered to have taken place in the state where the

consumer resides, regardless of the location of the seller.
N.D. Cent. Code § 51-05.1-02 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-02
51-05.1-02. License standards
Status: repealed

51-05.1-02. License standards

Repealed by S.L. 2023, ch. 447, § 7.
N.D. Cent. Code § 51-14.1-03 — ND Code / Title 51 / Chapter 51-14.1 / Section 51-14.1-03
51-14.1-03. Acceptance of check not conditioned on disclosure of credit card number - Use of credit card for identification allowed
Status: in_force

51-14.1-03. Acceptance of check not conditioned on disclosure of credit card number

- Use of credit card for identification allowed.

A person may not require, as a condition of acceptance of a check or other draft, that the

person presenting the check provide a credit card number; nor may the person accepting the

check or other draft record the credit card number. A person may request the person presenting

the check to display a credit card as evidence of creditworthiness or as additional identification;

however, only information concerning the type and issuer of the credit card may be recorded.
N.D. Cent. Code § 51-15-10 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-10
51-15-10. Costs recoverable
Status: in_force

51-15-10. Costs recoverable

In any action brought under the provisions of this chapter, or under other provisions of law,

including chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18, the court shall award to the

attorney general reasonable attorney's fees, investigation fees, costs, and expenses of any

investigation and action brought under this chapter, or under other provisions of law, including

chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18. All attorney's fees, investigation fees,

costs, and expenses received by the attorney general under this section must be deposited into

the attorney general refund fund.
N.D. Cent. Code § 51-23-22 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-22
51-23-22. Affirmative defense
Status: in_force

51-23-22. Affirmative defense

It is a defense in any complaint, information, indictment, or any writ or proceeding brought

under this chapter alleging a violation of section 51-23-03 based solely on the failure in an

individual case to make physical delivery within the applicable time period under subsection 5 of

section 51-23-02 or subdivision b of subsection 1 of section 51-23-05 if:

1. Failure to make physical delivery was due solely to factors beyond the control of the

seller, the seller's officers, directors, partners, agents, servants, or employees, every

person occupying a similar status or performing similar functions, every person who

directly or indirectly controls or is controlled by the seller, or any of them, the seller's

affiliates, subsidiaries, or successors; and

2. Physical delivery was completed within a reasonable time under the applicable

circumstances.
N.D. Cent. Code § 51-14.1-01 — ND Code / Title 51 / Chapter 51-14.1 / Section 51-14.1-01
51-14.1-01. Definition of credit cards and other terms and imposition of liability on cardholder
Status: in_force

51-14.1-01. Definition of credit cards and other terms and imposition of liability on

cardholder.

In this chapter, unless the context otherwise requires:

1. "Accepted credit card" means any credit card which the cardholder has requested in

writing or has signed or has used, or authorized another to use, for the purpose of

obtaining money, property, labor, or services on credit. A renewal credit card must be

deemed to be accepted if it is issued within one year after a prior card has been paid

for or used. A credit card issued in connection with a merger, acquisition, or the like of

card issuers or credit card services in substitution for an accepted credit card must be

deemed to be an accepted credit card.

2. "Adequate notice" means a writing which is conspicuous and which is printed on the

credit card or on each periodic statement.

3. "Card issuer" means any person who issues a credit card.

4. "Cardholder" means any person to whom a credit card is issued or any person who

has agreed with the card issuer to pay obligations arising from the issuance of a credit

card to another person.

5. "Conspicuous" means any term or clause which is so written that a reasonable person

against whom it is to operate ought to have noticed it.

6. "Credit card" means any card, plate, coupon book, or other credit device existing for

the purpose of obtaining money, property, labor, or services on credit.

7. "Unauthorized use" means a use of a credit card by a person other than the

cardholder who does not have actual, implied, or apparent authority for such use and

from which the cardholder receives no benefit.
N.D. Cent. Code § 51-20.2-03 — ND Code / Title 51 / Chapter 51-20.2 / Section 51-20.2-03
51-20.2-03. Exception
Status: in_force

51-20.2-03. Exception

The provisions of this chapter do not apply to chapters 51-07, 51-19, 51-20, and 51-20.1.
N.D. Cent. Code § 51-07-10 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-10
51-07-10. Conditional sales must be in writing and filed
Status: repealed

51-07-10. Conditional sales must be in writing and filed

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 51-12-09 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-09
51-12-09. Representation as to worth or value
Status: in_force

51-12-09. Representation as to worth or value

For the purpose of sections 51-12-08 through 51-12-14 the worth or value of any thing

advertised is the prevailing market price, wholesale if the offer is at wholesale, retail if the offer

is at retail, at the time of publication of the advertisement in the locality wherein the

advertisement is published.

No price may be advertised as a former price of any advertised thing unless the alleged

former price was the prevailing market price as above defined within three months next

immediately preceding the publication of the advertisement or unless the date when the alleged

former price did prevail is clearly, exactly, and conspicuously stated in the advertisement.

This section does not apply to any publisher, owner, or employee of a newspaper,

magazine, broadcasting or cable station, advertising device, or other publication by any means

of communication, who publishes an advertisement in good faith, without knowledge of its false,

deceptive, or misleading character; nor to any owner, manager, or employee of an advertising

agency or a printer that prepares, places, or prints an advertisement in good faith, without

knowledge of its false, deceptive, or misleading character; nor to any employee of the person

who offers the advertised thing if that employee in good faith relied on the statements of the

person and did not have knowledge that the statements were false, deceptive, or misleading.
N.D. Cent. Code § 51-08.1-09 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-09
51-08.1-09. Judgment in favor of state as prima facie evidence
Status: in_force

51-08.1-09. Judgment in favor of state as prima facie evidence

A final judgment or decree determining that a person has violated this chapter in an action

brought by the state under section 51-08.1-07 or under subsection 1 of section 51-08.1-08,

other than a consent judgment or decree entered before any testimony has been taken, is prima

facie evidence against that person in any other action against that person under section

51-08.1-08 as to all matters with respect to which the judgment or decree would be an estoppel

between the parties thereto. This section does not affect the application of collateral estoppel or

issue preclusion.
N.D. Cent. Code § 51-30-04 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-04
51-30-04. Delayed notice
Status: in_force

51-30-04. Delayed notice

The notification required by this chapter may be delayed if a law enforcement agency

determines that the notification will impede a criminal investigation. The notification required by

this chapter must be made after the law enforcement agency determines that the notification will

not compromise the investigation.
N.D. Cent. Code § 51-23-02 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-02
51-23-02. Definitions
Status: in_force

51-23-02. Definitions

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

1. "Board of trade" means any person or group of persons engaged in buying or selling

any commodity or receiving any commodity for sale on consignment, whether the

person or group of persons is characterized as a board of trade, exchange, or other

form of marketplace.

2. "CFTC rule" means any rule, regulation, or order of the commodity futures trading

commission in effect on April 7, 1989.

3. "Commissioner" means the insurance commissioner.

4. "Commodity" means, except as otherwise specified by the commissioner by rule or

order, any agricultural, grain, or livestock product or byproduct; any metal or mineral,

including a precious metal; any gem or gemstone, whether characterized as precious,

semiprecious, or otherwise; any fuel whether liquid, gaseous, or otherwise; any foreign

currency; and all other goods, articles, products, or items of any kind. The term

commodity does not include:

a. A numismatic coin with a fair market value at least fifteen percent higher than the

value of the metal it contains;

b. Real property or any timber, agricultural, or livestock product grown or raised on

real property and offered or sold by the owner or lessee of the real property; or

c. Any work of art offered or sold by art dealers, at public auction or offered or sold

through a private sale by the owner.

5. "Commodity contract" means any account, agreement, or contract for the purchase or

sale, primarily for speculation or investment purposes and not for use or consumption

by the offeree or purchaser, of one or more commodities, whether for immediate or

subsequent delivery or whether delivery is intended by the parties, and whether

characterized as a cash contract, deferred shipment or deferred delivery contract,

forward contract, futures contract, installment or margin contract, leverage contract, or

otherwise. Any commodity contract offered or sold must, in the absence of evidence to

the contrary, be presumed to be offered or sold for speculation or investment

purposes. A commodity contract may not include any contract or agreement which

requires, and under which the purchaser receives within twenty-eight calendar days

from the payment in good funds of any portion of the purchase price, physical delivery

of the total amount of each commodity to be purchased under the contract or

agreement.

6. "Commodity Exchange Act" means the act of Congress known as the Commodity

Exchange Act, as amended to April 7, 1989.

7. "Commodity futures trading commission" means the independent regulatory agency

established by Congress to administer the Commodity Exchange Act.

8. "Commodity merchant" means any of the following, as defined or described in the

Commodity Exchange Act or by CFTC rule:

a. Futures commission merchant.

b. Commodity pool operator.

c. Commodity trading advisor.

d. Introducing broker.

e. Leverage transaction merchant.

f. An associated person of any of the foregoing.

g. Floor broker.

h. Any other person other than a futures association required to register with the

commodity futures trading commission.

9. "Commodity option" means any account, agreement, or contract giving a party thereto

the right but not the obligation to purchase or sell one or more commodities or one or

more commodity contracts, whether characterized as an option, privilege, indemnity,

bid, offer, put, call, advance guaranty, decline guaranty or otherwise, but does not

include an option traded on a national securities exchange registered with the United

States securities and exchange commission.

10. "Financial institution" means a bank, savings institution, or trust company organized

under, or supervised under, the laws of the United States or of any state.

11. "Offer" includes every offer to sell, offer to purchase, or offer to enter into a commodity

contract or commodity option.

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

an association, a joint-stock company, a trust in which the interests of the beneficiaries

are evidenced by a security, an unincorporated organization, a government, or a

political subdivision of a government, but does not include a contract market

designated by the commodity futures trading commission or any clearinghouse thereof

or a national securities exchange registered with the securities and exchange

commission or any employee, officer, or director of such contract market,

clearinghouse, or exchange acting solely in that capacity.

13. "Precious metal" means the following in either coin, bullion, or other form: silver, gold,

platinum, palladium, copper, and such other items as the commissioner may specify by

rule or order.

14. "Sale" or "sell" includes every sale, contract of sale, contract to sell, or disposition, for

value.
N.D. Cent. Code § 51-07-28.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-28.1
51-07-28.1. Tracking devices on motor vehicles - Disclosure - Removal - Penalty
Status: in_force

51-07-28.1. Tracking devices on motor vehicles - Disclosure - Removal - Penalty

1. A lender may not require a person to install or maintain a global tracking or positioning

system or device on a motor vehicle for the purpose of locating or tracking the vehicle

to repossess the vehicle in case of loan default, unless:

a. The lender includes within the financing contract, in a clear and conspicuous

manner, information on the installation or placement of the system or device;

b. The system or device is installed at no cost to the buyer; and

c. The system or device is removed within sixty days of the loan for the motor

vehicle being paid in full at:

(1) The expense of the seller or lender; and

(2) A location agreed upon by the seller or lender and buyer.

2. A lender that violates this section is subject to a fine of not more than five hundred

dollars. In the case of a second or subsequent violation of this section, the lender is

subject to a fine of not less than one thousand dollars nor more than two thousand

dollars.
N.D. Cent. Code § 51-34-05 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-05
51-34-05. Permitted use by telephone companies
Status: in_force

51-34-05. Permitted use by telephone companies

1. This chapter does not prohibit a telephone company from obtaining, using, disclosing,

or permitting access to any telephone record, either directly or indirectly through its

agents or contractors:

a. As otherwise authorized by law;

b. With the lawful consent of the customer;

c. As may be necessarily incident to the rendition of the service or to the protection

of the rights or property of the telephone company, or to protect the customer of

those services and other carriers from fraudulent, abusive, or unlawful use of, or

subscription to, such services;

d. To a governmental entity, if the telephone company reasonably believes that an

emergency involving immediate danger of death or serious physical injury to any

person justifies disclosure of the information; or

e. To the national center for missing and exploited children, in connection with a

report submitted thereto under section 227 of the Victims of Child Abuse Act of

1990.

2. This chapter does not apply to or expand upon the obligations and duties of any

telephone company to protect telephone records beyond those otherwise established

by federal law or state law or both as set forth in section 51-34-06.

3. This chapter does not apply to a telephone company, and its agents or

representatives, who reasonably and in good faith act pursuant to subsection 2,

notwithstanding any later determination that the action was not in fact authorized.
N.D. Cent. Code § 51-28-07 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-07
51-28-07. Identification by caller
Status: in_force

51-28-07. Identification by caller

Any caller who makes a telephone solicitation to a subscriber in this state shall immediately

and clearly state at the beginning of the call the caller's true first and last name, the caller's

telephone number, the caller's city and state of location, and the name of the business on

whose behalf the telephone solicitation is made.
N.D. Cent. Code § 51-32-03 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-03
51-32-03. Electronic mail addresses
Status: in_force

51-32-03. Electronic mail addresses

A person taking a delivery sale order may request that a prospective purchaser provide an

electronic mail address for the purchaser.
N.D. Cent. Code § 51-20.1-05 — ND Code / Title 51 / Chapter 51-20.1 / Section 51-20.1-05
51-20.1-05. Failure to make reimbursement on cancellation of contract - Liability
Status: in_force

51-20.1-05. Failure to make reimbursement on cancellation of contract - Liability

If any heavy construction equipment distributor fails or refuses, upon cancellation,

termination, or nonrenewal of a contract by either a retail dealer or the distributor, to make

payment to the retail dealer as required by section 51-20.1-02, the distributor is liable in a civil

action brought by the retail dealer for one hundred percent of the net cost of the unused,

complete heavy construction equipment, plus transportation charges paid by the retail dealer,

and eighty-five percent of the current net price of repair parts, plus five percent of that current

net price for handling and loading plus freight charges on the repair parts which have been paid

by the retail dealer. A distributor is liable for equivalent amounts in a civil action if the distributor

refuses to supply heavy construction equipment, repair parts, or both, to a retail dealer who has

a contract dated after June 30, 1981, or a contract with no expiration date which is continuing in

force on July 1, 1981.
N.D. Cent. Code § 51-07-01.2 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-01.2
51-07-01.2. Prohibited practices under farm equipment dealership contracts
Status: in_force

51-07-01.2. Prohibited practices under farm equipment dealership contracts

1. Notwithstanding the terms of any contract, a manufacturer, wholesaler, or distributor of

farm implements, machinery, or repair parts who enters into a contract with any person

engaged in the business of selling and retailing farm implements and repair parts for

farm implements may not:

a. Require or attempt to require a farm equipment dealer to accept delivery of farm

equipment, parts, or accessories that the farm equipment dealer has not

voluntarily ordered or require the farm equipment dealer to maintain or stock a

level of equipment, parts, or accessories except as provided in subdivision b.

b. Condition or attempt to condition the sale of farm equipment, parts, or

accessories on a requirement that the farm equipment dealer also purchase other

goods or services, or purchase a minimum quantity of farm equipment as a

condition of filling an order for farm equipment, except a farm equipment

manufacturer may require the dealer to purchase all parts reasonably necessary

to maintain the quality of operation in the field of any farm equipment used in the

trade area and telecommunication necessary to communicate with the farm

equipment manufacturer.

c. Require or attempt to require a farm equipment dealer into a refusal to purchase

farm equipment manufactured by another farm equipment manufacturer.

d. Require a farm equipment dealer to separate the line-makes operating within the

dealer's facility by requiring the separation of personnel, inventory, service areas,

display space, or otherwise dictate the method, manner, number of units, or the

location of farm equipment displays at the dealer's facility. This subdivision does

not prevent a farm equipment dealer and manufacturer from agreeing to those

terms if the agreement was supported by separate and valuable consideration.

The issuance, reissuance, or extension of a dealership contract alone is not

separate and valuable consideration.

e. Require a farm equipment dealer to either establish or maintain exclusive

facilities, personnel, or display space or to abandon an existing relationship with

another manufacturer in order to continue, renew, reinstate, or enter a dealer

agreement or to participate in any program discount, credit, rebate, or sales

incentive. This subdivision does not prevent a farm equipment dealer and

manufacturer from agreeing to establish or maintain exclusive facilities for

separate and valuable consideration. The issuance, reissuance, or extension of a

dealership contract alone is not separate and valuable consideration.

f. Discriminate in the prices charged for farm equipment of similar grade and quality

sold by the farm equipment manufacturer to similarly situated farm equipment

dealers. This subdivision does not prevent the use of differentials that make only

due allowance for differences in the cost of manufacture, sale, or delivery or for

the differing methods or quantities in which the farm equipment is sold or

delivered by the farm equipment manufacturer. This subdivision does not diminish

the manufacturer's, wholesaler's, or distributor's ability to provide volume

discounts, bonuses, or special machine ordering programs commonly used in the

industry.

g. Attempt or threaten to terminate, cancel, fail to renew, or substantially change the

competitive circumstances of the dealership contract for any reason other than

failure of the farm equipment dealer to substantially comply with the material

terms of the written contract between the parties or if the attempt or threat is

based on the results of a circumstance beyond the farm equipment dealer's

control, including a sustained drought or other natural disaster in the dealership

market area or a labor dispute. A substantial change in the competitive

circumstances includes the removal of authorization to operate at a location from

where the dealer is currently operating or the unreasonable removal of a product

line or segment.

h. Require a farm equipment dealer to unreasonably remodel, renovate, or

recondition the dealer's facilities, change the location of the facilities, or make

unreasonable alterations to the dealership premises. A request for a dealer to

remodel, renovate, or recondition the dealer's facilities, change the location of the

facilities, or make alterations to the dealership premises must be considered in

light of current and reasonably foreseeable projections of economic conditions,

financial expectations, and the dealer's market for the sale of farm equipment. A

facility modification request is unreasonable if the request is within seven years of

a farm equipment dealer's most recent facility remodel, renovation, or

reconditioning.

i. Unreasonably prevent or refuse to approve the relocation of a dealership to

another site within the dealer's relevant market area. The dealer shall provide the

manufacturer or distributor with notice of the proposed address and a reasonable

site plan of the proposed location. The manufacturer or distributor shall approve

or deny the request in writing within sixty days after receipt of the request. Failure

to deny the request within sixty days is deemed an approval.

j. Conduct a warranty or incentive audit or seek a chargeback on a warranty or

incentive payment more than one year after the date of the warranty or incentive

payment. A manufacturer may not charge back a dealer for an incentive or

warranty payment unless the manufacturer can satisfy its burden of proof that the

dealer's claim was false, fraudulent, or the dealer did not substantially comply

with the reasonable written procedures of the manufacturer. The audit and

chargeback provisions in this subdivision apply to all incentive and

reimbursement programs that are subject to audit by a manufacturer. Before

imposing a chargeback, a manufacturer shall identify each claim at issue and

provide the dealer with written explanation for the proposed chargeback for each

claim. The cumulative value of any chargeback, fees, penalties, or adverse action

for an individual claim may not exceed the total direct compensation received by

the dealer for the claim at issue. Thereafter, the manufacturer shall provide the

dealer a reasonable time, no less than forty-five days, to present additional

information regarding a claim at issue.

k. Use an unreasonable, arbitrary, or unfair sales, service, or other performance

standard in determining a farm equipment dealer's compliance with a contract or

program. Before applying any sales, service, or other performance standard to a

farm equipment dealer, a manufacturer shall communicate the performance

standard in writing in a clear and concise manner, including a detailed

explanation of the criteria, calculations, methodology, and data used to establish

the standard.

l. Require a farm equipment dealer in this state to enter an agreement with the

manufacturer or any other party which requires:

(1) The law of another jurisdiction to apply to a dispute between the dealer and

manufacturer;

(2) The dealer to bring an action against the manufacturer in a venue outside of

this state;

(3) The dealer waive the right to have all of this state's statutory and common

law apply;

(4) Reducing, modifying, or eliminating the dealer's right to resolve a dispute in

a state or federal court in this state; or

(5) The dealer to agree to arbitration or waive their rights to bring a cause of

action against the manufacturer, unless done in connection with a

settlement agreement to resolve a matter between a manufacturer and the

dealer. The settlement agreement must be entered voluntarily for separate

and valuable consideration. Renewal, reinstatement, or continuation of a

dealer agreement alone is not separate and valuable consideration.

2. As used in this section "farm equipment" and "farm implements" means all vehicular

implements and attachment units, designed and used primarily for planting, cultivating,

or harvesting farm products or used primarily in connection with the production of

agricultural produce or products, livestock, or poultry on farms, and which are

operated, drawn, or propelled by motor or animal power.
N.D. Cent. Code § 51-18-08 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-08
51-18-08. Exceptions
Status: in_force

51-18-08. Exceptions

The provisions of this chapter do not apply to:

1. Sales of insurance.

2. Sales of goods or services with a purchase price of less than twenty-five dollars.

3. Sales of services provided by a cable television system licensed or franchised by any

city.

4. Sale of a subscription to or advertising in a newspaper of general circulation.

5. Sales of services or advertising by a broadcaster licensed by the federal

communications commission.

6. Telecommunications companies regulated by the public service commission under title

49 or regulated by the federal communications commission.

7. Sales when the seller provides that the consumer may receive a full refund for the

return of undamaged and unused goods if the consumer requests a refund no later

than fifteen days after the date the consumer receives the goods and if the seller

provides the refund within thirty days after the date the seller receives the returned

goods from the consumer. The return and refund privilege must be disclosed to the

consumer orally and in writing with delivery of the goods.

8. Sales when the seller provides that the consumer may receive a full refund for a

cancellation of services if the consumer requests a refund no later than fifteen days

after the date the consumer receives the services and if the seller provides the refund

within thirty days after the consumer cancels the order for the purchase of services not

performed or provides a proportional refund for any services not yet performed for the

consumer. The return and refund privilege must be disclosed to the consumer orally

and in writing with delivery of the services.
N.D. Cent. Code § 51-15-11 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-11
51-15-11. Civil penalties
Status: in_force

51-15-11. Civil penalties

The court may assess for the benefit of the state a civil penalty of not more than five

thousand dollars for each violation of this chapter or for each violation of chapter 51-12, 51-13,

51-14, or 51-18. The penalty provided in this section is in addition to those remedies otherwise

provided by this chapter or by chapter 50-22, 51-12, 51-13, 51-14, 51-16.1, or 51-18.
N.D. Cent. Code § 51-05.1-06 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-06
51-05.1-06. License list
Status: repealed

51-05.1-06. License list

Repealed by S.L. 2001, ch. 440, § 2.
N.D. Cent. Code § 51-07-08 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-08
51-07-08. Manufacturers of tractors, engines, farm machinery, and automobiles, firefighting equipment and fire extinguishers, to maintain supply depot in state - Penalty
Status: repealed

51-07-08. Manufacturers of tractors, engines, farm machinery, and automobiles,

firefighting equipment and fire extinguishers, to maintain supply depot in state - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 51-35-02 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-02
51-35-02. Records of purchase, trade, barter, or transaction required
Status: in_force

51-35-02. Records of purchase, trade, barter, or transaction required

1. Every scrap metal dealer shall keep business records of any purchase, trade, barter,

or other transaction that involves the receipt of scrap metals worth over fifty dollars.

The business records must include the following information:

a. The date, time, and place of each purchase or transaction;

b. A description of the scrap metal received and the weight and type of scrap metal

received;

c. The amount paid to the person selling or delivering the scrap metal and the

manner of payment, including check or electronic transfer;

d. The name and address of the person selling or delivering the scrap metal; and

e. A photocopy of a valid government-issued identification card or driver's license

and which must include the seller's or deliverer's full name, photograph, date of

birth, and signature.

f. For a detached used catalytic converter, either:

(1) Written evidence of ownership of the catalytic converter purchased from the

person, including a bill of sale, a receipt for repair of the vehicle the catalytic

converter was removed from, or the title, registration, or other ownership

documentation for the vehicle from which the catalytic converter was

removed; or

(2) A signed statement of ownership by the seller.

2. Every scrap metal dealer shall keep the business records required under this section

at the business premises of the scrap metal dealer or other reasonably available

location within this state for seven years after the date of each purchase or transaction

for which business records are required under this section.

3. A scrap metal dealer may not pay cash for scrap metal purchases or transactions over

one thousand dollars or for any purchase or transaction over one hundred dollars for a

detached used catalytic converter, but may only pay by check or electronic transfer.

4. Each scrap metal dealer's premises must be kept open during regular business hours

for inspection by a law enforcement officer and each scrap metal dealer's business

records and business inventory must be made available for inspection by a law

enforcement officer at all times during reasonable business hours or at reasonable

times if ordinary hours of business are not kept. All business records required under

this section for transactions involving a detached used catalytic converter must be

made available for inspection by a law enforcement officer upon request.

5. Before a law enforcement officer may conduct an inspection under this section, the law

enforcement officer shall inform the scrap metal dealer that the individual is a law

enforcement officer and shall inform the scrap metal dealer of the purpose of the

inspection. The law enforcement officer shall comply with all reasonable and

customary safety requirements of the scrap metal dealer on the business premises.

6. The scrap metal dealer may require a law enforcement officer to sign an inspection log

that includes the officer's name and serial or badge number and the date, time, and

purpose for the inspection.

7. The provisions of this chapter shall take precedence over and supersede any local

ordinance adopted by a political subdivision that regulates scrap metal transactions.
N.D. Cent. Code § 51-10-15 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-15
51-10-15. Disbursement of funds
Status: repealed

51-10-15. Disbursement of funds

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-30-07 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-07
51-30-07. Enforcement - Powers - Remedies - Penalties
Status: in_force

51-30-07. Enforcement - Powers - Remedies - Penalties

The attorney general may enforce this chapter. The attorney general, in enforcing this

chapter, has all the powers provided in chapter 51-15 and may seek all the remedies in chapter
N.D. Cent. Code § 51-35-04 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-04
51-35-04. Penalty
Status: in_force

51-35-04. Penalty

1. A scrap metal dealer that willfully fails to comply with recordkeeping under section

51-35-02 is guilty of a class B misdemeanor.

2. A scrap metal dealer that willfully buys, receives, possesses, or conceals stolen scrap

metal, and the scrap metal is less than five hundred dollars in value is guilty of a

class A misdemeanor.

3. A scrap metal dealer that willfully buys, receives, possesses, or conceals stolen scrap

metal, and the scrap metal exceeds five hundred dollars in value or the scrap metal

includes a detached used catalytic converter that is subject to the requirements of this

chapter without exemption, is guilty of a class C felony.

4. A person that willfully fails to comply with section 51-35-06 is guilty of a class B

misdemeanor.
N.D. Cent. Code § 51-13-01 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-01
51-13-01. Definitions
Status: in_force

51-13-01. Definitions

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

1. "Amount financed" or "unpaid balance" means the cash price of the personal property

which is the subject matter of the retail installment sale, plus the amounts, if any,

included in a retail installment sale for insurance and official fees, minus the amount of

the buyer's downpayment in money or goods.

2. "Cash price" means the cash price stated in a retail installment contract for which the

seller would sell to the buyer, and the buyer would buy from the seller, the personal

property which is the subject matter of the contract if the sale were a sale for cash

instead of a retail installment sale. The cash price may include any taxes and cash

prices for accessories included in a retail installment sale.

3. "Deferred payment price" means the total of the cash price and the amounts, if any,

included for insurance, official fees, and finance charge.

4. "Finance charge" means the amount which the retail buyer contracts to pay or pays for

the privilege of purchasing the personal property to be paid for by the buyer in

installments; it does not include the amounts, if any, charged for insurance premiums,

delinquency charges, attorney's fees, court costs, collection expenses, or official fees.

5. "Financing agency" means a person engaged, in whole or in part, in the business of

purchasing retail installment contracts from one or more retail sellers. The term

includes a bank, trust company, finance company, or investment company, if so

engaged. The term also includes a retail seller engaged, in whole or in part, in the

business of holding retail installment contracts acquired from retail buyers. The term

does not include the pledgee of an aggregate number of such contracts to secure a

bona fide loan thereon.

6. "Holder" means the seller of the personal property under or subject to the contract, or,

if the contract is purchased by a financing agency or other assignee, the financing

agency or other assignee.

7. "Official fees" means the filing or other fees required by law to be paid to a public

officer to perfect the interest or lien retained or taken by a seller under the retail

installment contract, and to file or record a release, satisfaction, or discharge of the

contract, and license, certificate of title, and registration fees imposed by law.

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

association, or other group, however organized.

9. "Retail buyer" or "buyer" means a person who buys personal property from a retail

seller in a retail installment sale.

10. "Retail installment contract" or "contract" means an agreement, entered into in this

state, pursuant to which the title to or a lien upon the personal property, which is the

subject matter of a retail installment sale, is retained or taken by a retail seller from a

retail buyer as security, in whole or in part, for the buyer's obligation, or a contract for

the bailment or leasing of personal property by which the bailee or lessee contracts to

pay as compensation for its use a sum substantially equivalent to or in excess of its

value and by which it is agreed that the bailee or lessee is bound to become, or has

the option of becoming, the owner of the personal property upon full compliance with

the terms of the contract.

11. "Retail installment sale" or "sale" means a sale, other than for the purpose of resale, of

personal property by a retail seller to a retail buyer for a price payable in one or more

deferred payments.

12. "Retail seller" or "seller" means a person who sells personal property to a retail buyer.

13. "Total of payments" or "time balance" means the total of the unpaid balance and the

amount of the finance charge, if any, payable by the buyer.
N.D. Cent. Code § 51-08.1-06 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-06
51-08.1-06. Official investigation
Status: in_force

51-08.1-06. Official investigation

1. If the attorney general has reasonable cause to believe that a person has information

or is in possession, custody, or control of any document or other tangible object

relevant to an investigation for violation of this chapter, the attorney general may serve

upon the person, before bringing any action in the district court, a written demand to

appear and be examined under oath, to answer written interrogatories under oath, and

to produce the document or object for inspection and copying. The demand must:

a. Be served upon the person in the manner required for service of process in this

state;

b. Describe the nature of the conduct constituting the violation under investigation;

c. Describe the document or object with sufficient definiteness to permit it to be fairly

identified;

d. Contain a copy of the written interrogatories;

e. Prescribe a reasonable time at which the person must appear to testify, within

which to answer the written interrogatories, and within which the document or

object must be produced, and advise the person that a reasonable opportunity

will be afforded for examination and notation of corrections upon any transcript of

an oral examination, that a copy of one's own transcript can be obtained upon

payment of reasonable charges, and that objections to or reasons for not

complying with the demand may be filed with the attorney general at or before the

designated time;

f. Specify a place for the taking of testimony or for production and designate a

person who shall be custodian of the document or object; and

g. Contain a copy of subsection 2.

2. If a person objects to or otherwise fails to comply with the written demand served upon

that person under subsection 1, the attorney general may file in the district court of the

county in which the person resides, or in which the person maintains a principal place

of business within this state, a petition for an order to enforce the demand. Notice of

hearing the petition and a copy of the petition must be served upon the person, who

may appear in opposition to the petition. If the court finds that the demand is proper,

there is reasonable cause to believe there has been a violation of this chapter, and the

information sought or document or object demanded is relevant to the violation, it shall

order the person to comply with the demand, subject to modification the court may

prescribe. Upon motion by the person and for good cause shown, the court may make

any further order in the proceedings that justice requires to protect the person from

unreasonable annoyance, embarrassment, oppression, burden, or expense.

3. Any procedure, testimony taken, or material produced under this section must be kept

confidential by the attorney general before bringing an action against a person under

this chapter for the violation under investigation, unless confidentiality is waived by the

person being investigated and the person who has testified, answered interrogatories,

or produced material, or disclosure is authorized by the court.
N.D. Cent. Code § 51-28-19 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-19
51-28-19. Separate violations - Nonexclusive remedies and penalties
Status: in_force

51-28-19. Separate violations - Nonexclusive remedies and penalties

For each remedy or penalty under this chapter or chapter 51-15, or otherwise provided by

law, each telephone solicitation or message shall constitute a separate violation for purposes of

an adjudicative proceeding or an action in district court. 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 § 51-28-09 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-09
51-28-09. Establishment of do-not-call list - Federal trade commission do-not-call registry
Status: in_force

51-28-09. Establishment of do-not-call list - Federal trade commission do-not-call

registry.

1. The attorney general shall establish and maintain a list of telephone numbers of

subscribers who object to receiving telephone solicitations. The attorney general may

fulfill the requirements of this section by contracting with an agent for the

establishment and maintenance of the list or by using the national do-not-call registry

established and maintained by the federal trade commission under title 16, Code of

Federal Regulations, part 310. The attorney general may adopt rules governing the

establishment, distribution, and operation of the do-not-call list, as the attorney general

deems necessary and appropriate to fully implement the provisions of this chapter, in

addition to the following provisions:

a. Any subscriber may contact the attorney general or the attorney general's agent

and give notice, in the manner prescribed by the attorney general, that the

subscriber objects to receiving telephone solicitations. The attorney general shall

add the telephone number of any subscriber who gives notice of objection to the

list maintained pursuant to this section.

b. Any notice given by a subscriber under this section is effective for five years

unless revoked by the subscriber. Any subsequent notices given by the same

subscriber related to a different telephone number are separate from the original

notice.

c. The attorney general shall allow subscribers to give notice under this section by

mail, telephone, or electronically.

d. The attorney general shall establish the procedures by which a person wishing to

make telephone solicitations may obtain access to the list. To the extent

practicable, those procedures shall allow for access to paper or electronic copies

of the list.

e. The attorney general may include in the list established under this section

subscribers who live in North Dakota and are included in the national do-not-call

registry established and maintained by the federal trade commission under title

16, Code of Federal Regulations, part 310. The attorney general may provide to

the federal trade commission the telephone numbers of North Dakota subscribers

who are in the attorney general's do-not-call list or who have otherwise notified

the attorney general of the subscriber's objection to receiving telephone

solicitations for inclusion in the national do-not-call registry.

f. A person or entity desiring to make telephone solicitations shall pay a fee,

payable to the attorney general, for access to, or for paper or electronic copies of,

the list established under section 51-28-09. The fee for acquisition of the list may

not exceed two hundred dollars per quarter, or eight hundred dollars per year.

2. Notwithstanding any other provision of this chapter, the attorney general may

designate the national do-not-call registry established and maintained by the federal

trade commission under title 16, Code of Federal Regulations, part 61, as the state

do-not-call list.
N.D. Cent. Code § 51-23-17 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-17
51-23-17. General authority to adopt rules, forms, and orders
Status: in_force

51-23-17. General authority to adopt rules, forms, and orders

1. In addition to specific authority granted elsewhere in this chapter, the commissioner

may make, amend, and rescind rules and orders as are necessary to carry out the

provisions of this chapter.

2. No provision of this chapter imposing any liability applies to any act done or omitted in

good faith in conformity with a rule, order, or form adopted by the commissioner,

notwithstanding that the rule, order, or form may later be amended, or rescinded, or be

determined by judicial or other authority to be invalid for any reason.
N.D. Cent. Code § 51-36-02 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-02
51-36-02. Bad faith assertion of patent infringement prohibited
Status: in_force

51-36-02. Bad faith assertion of patent infringement prohibited

A person may not make a bad faith assertion of patent infringement as prohibited by this

chapter.
N.D. Cent. Code § 51-28-04 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-04
51-28-04. Requirements on automatic dialing-announcing devices
Status: in_force

51-28-04. Requirements on automatic dialing-announcing devices

A caller may not use an automatic dialing-announcing device unless the device is designed

and operated so as to disconnect within ten seconds after termination of the telephone call by

the subscriber. A caller may not use an automatic dialing-announcing device that uses a random

or sequential number generator unless the equipment excludes calls to the following telephone

numbers:

1. Emergency telephone numbers, including 911, of any hospital, medical physician,

health care facility, ambulance or emergency medical provider, fire protection facility, or

law enforcement agency.

2. Any guest room or patient room of a hospital, health care facility, elderly care home, or

similar establishment.

3. A paging service, a cellular telephone service, a specialized mobile radio service, or

any service for which the called party is charged for the call.

4. The telephone numbers maintained on a do-not-call list established pursuant to

section 51-28-09.
N.D. Cent. Code § 51-37-06 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-06
51-37-06. Private enforcement
Status: in_force

51-37-06. Private enforcement

A person aggrieved by a violation of this chapter may bring an action to enjoin the violation

or for restitution, or both. The court may award the plaintiff costs, expenses, and reasonable

attorney's fees. This section does not limit any other claims the plaintiff may have against a

seller subject to this chapter.
N.D. Cent. Code § 51-15-08 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-08
51-15-08. Powers of receiver
Status: in_force

51-15-08. Powers of receiver

When a receiver is appointed by the court pursuant to this chapter, the receiver may sue for,

collect, receive, or take into possession all the goods and chattels, rights and credits, moneys

and effects, lands and tenements, books, records, documents, papers, choses in action, bills,

notes, and property of every description, derived by means of any practice declared to be

unlawful 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, including property with which the property has been commingled if it

cannot be identified in kind because of the commingling, and sell, convey, and assign the

property and hold and dispose of the proceeds under the direction of the court. Any person who

has suffered damages as a result of the use or employment of any unlawful practices and

submits proof to the satisfaction of the court that that person has in fact been damaged may

participate with general creditors in the distribution of the assets to the extent that person has

sustained out-of-pocket losses. The court has jurisdiction of all questions arising in these

proceedings and may make orders and judgments therein as may be required.
N.D. Cent. Code § 51-07-20 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-20
51-07-20. Exclusive remedy
Status: in_force

51-07-20. Exclusive remedy

A consumer who elects to proceed under sections 51-07-16 through 51-07-22 is foreclosed

from pursuing any other remedy arising out of the facts and circumstances which gave rise to

the claim under sections 51-07-16 through 51-07-22.
N.D. Cent. Code § 51-33-14 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-14
51-33-14. Enforcement by attorney general - Powers - Remedies - Separate violations - Venue
Status: in_force

51-33-14. Enforcement by attorney general - Powers - Remedies - Separate violations

- Venue.

The 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
N.D. Cent. Code § 51-33-05 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-05
51-33-05. Response by third party to denial of access
Status: in_force

51-33-05. Response by third party to denial of access

When a third party requests access to a consumer report on which a security freeze is in

effect, and this request is in connection with an application for credit or the opening of an

account and the consumer does not allow the consumer's consumer report to be accessed for

that specific party or period of time, the third party may treat the application as incomplete.
N.D. Cent. Code § 51-24-02 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-02
51-24-02. Express written warranties for assistive technology devices
Status: in_force

51-24-02. Express written warranties for assistive technology devices

1. A manufacturer who sells an assistive technology device to a consumer, either directly

or through another commercial seller, shall furnish the consumer with an express

written warranty to preserve and maintain the utility and performance of the assistive

technology device.

2. The express written warranty must be in effect for at least one year after first delivery

of the assistive technology device to the consumer.

3. If a manufacturer fails to furnish an express written warranty to the consumer, the

assistive technology device must be covered by an express warranty that meets the

requirements of this section.

4. An express written warranty must guarantee that the assistive technology device:

a. Has no defects in parts or performance; and

b. Is free from any condition and defect that would substantially impair the device's

use, value, or safety to the consumer.
N.D. Cent. Code § 51-29-03 — ND Code / Title 51 / Chapter 51-29 / Section 51-29-03
51-29-03. Enforcement - Powers - Remedies - Penalties
Status: in_force

51-29-03. Enforcement - Powers - Remedies - Penalties

The attorney general shall 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 § 51-28-13 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-13
51-28-13. Powers of the attorney general - Remedies - Injunction - Other relief
Status: in_force

51-28-13. Powers of the attorney general - Remedies - Injunction - Other relief

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, the attorney general, in enforcing this

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

this chapter or chapter 51-15.
N.D. Cent. Code § 51-20.1-02 — ND Code / Title 51 / Chapter 51-20.1 / Section 51-20.1-02
51-20.1-02. Retail dealers may recover cost of equipment and parts upon discontinuance of contract with distributor
Status: in_force

51-20.1-02. Retail dealers may recover cost of equipment and parts upon

discontinuance of contract with distributor.

If a retail dealer has entered into a written contract with a distributor in which the retail

dealer agrees to maintain a stock of heavy construction equipment, repair parts, or both heavy

construction equipment and repair parts, and either the distributor or the retail dealer desires to

cancel or discontinue the contract, the distributor shall pay to the retail dealer, unless the retail

dealer desires to keep the equipment or repair parts, the following amounts:

1. A sum equal to one hundred percent of the net cost of all unused, complete heavy

construction equipment.

2. Eighty-five percent of the current net prices on repair parts, including the superseded

parts listed in current price lists or catalogs, if the superseded parts have previously

been purchased from the distributor, and were in the retail dealer's inventory on the

date of cancellation or discontinuance of the contract, or were thereafter received by

the retail dealer from the distributor.

3. A sum equal to five percent of the current net price of all parts returned as

reimbursement for handling, packing, and loading of those parts.

4. Any freight charges on the equipment or repair parts paid by the retail dealer.

When a distributor has made payment in accordance with this section, title to the heavy

construction equipment and repair parts shall pass to the distributor, and the distributor is

entitled to possession of the heavy construction equipment and repair parts. This section is

supplemental to any provisions contained in any contract between the retail dealer and the

distributor relating to the return of heavy construction equipment and repair parts. Thus, the

retail dealer can elect to pursue the retail dealer's remedy under this section, or under the

contract relating to return of heavy construction equipment and repair parts. An election by a

retail dealer to pursue a contractual remedy does not bar the retail dealer's right to the remedy

provided by this section with respect to those pieces of heavy construction equipment and repair

parts not affected by the contract remedy.

The provisions of this section apply to every contract now in effect which has no stated

expiration date, and to all other contracts entered into after June 30, 1981. Contracts in force

and effect on June 30, 1981, which by their terms will terminate on a date subsequent to

June 30, 1981, shall be governed by the law existing prior to July 1, 1981.
N.D. Cent. Code § 51-04-10 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-10
51-04-10. Penalty
Status: in_force

51-04-10. Penalty

Any person violating any of the provisions of this chapter, for which another penalty is not

specifically provided, 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.

The attorney general may bring an action pursuant to this section in either the county where the

transient merchant conducted business or Burleigh County.
N.D. Cent. Code § 51-08.1-08 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-08
51-08.1-08. Damages and injunctive relief
Status: in_force

51-08.1-08. Damages and injunctive relief

1. The state, a political subdivision, or any public agency threatened with injury or injured

in its business or property by a violation of this chapter may bring an action for

appropriate injunctive or other equitable relief, damages sustained and, as determined

by the court, taxable costs and reasonable attorney's fees.

2. The attorney general may bring an action as parens patriae on behalf of a person

residing in the state to recover damages sustained by the person by reason of any

violation of this chapter.

3. A person threatened with injury or injured in that person's business or property by a

violation of this chapter may bring an action for appropriate injunctive or other

equitable relief, damages sustained and, as determined by the court, taxable costs

and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it

may increase recovery to an amount not in excess of three times the damages

sustained.

4. In any action for damages under this section, the fact that the state, political

subdivision, public agency, or person threatened with injury or injured in its business or

property by any violation of the provisions of this chapter has not dealt directly with the

defendant does not bar recovery.

5. In any action for damages under this section, any defendant, as a partial or complete

defense against a claim for damages, is entitled to prove that the plaintiff purchaser, or

seller in the chain of manufacture, production, or distribution, who paid any overcharge

or received any underpayment passed on all or any part of the overcharge or

underpayment to another purchaser or seller in that action.
N.D. Cent. Code § 51-07-26.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-26.1
51-07-26.1. Refusal to honor succession
Status: in_force

51-07-26.1. Refusal to honor succession

1. If a manufacturer, wholesaler, or distributor believes that good cause exists to refuse to

honor the intended succession under section 51-07-26, then the manufacturer,

wholesaler, or distributor shall serve the named successor written notice of refusal to

honor the intended succession within sixty days of its receipt of the notice of the

intended succession. The notice must contain specific grounds for the refusal to honor

the succession.

2. If notice of refusal to honor the intended succession is not timely served upon the

intended successor, the successor may continue the franchise subject only to

termination as permitted otherwise in this chapter.

3. In determining whether good cause exists for the refusal to honor the intended

succession, the manufacturer, wholesaler, or distributor has the burden of proving that

the intended successor is not a person of good moral character or does not meet the

franchisor's existing and reasonable standards. Good cause for refusal to honor

succession does not include the owner's dealership being dualed with another

manufacturer's line.
N.D. Cent. Code § 51-07-02.4 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-02.4
51-07-02.4. Warranty and incentive claims
Status: in_force

51-07-02.4. Warranty and incentive claims

1. A manufacturer may not conduct a warranty or incentive audit or seek a chargeback

on a warranty or incentive payment more than one year after the date of that warranty

or incentive payment.

2. A manufacturer may not charge back a dealer for an incentive or warranty payment

unless the manufacturer can satisfy its burden of proof that the dealer's claim was

false, fraudulent, or the dealer did not substantially comply with the reasonable written

procedures of the manufacturer.

3. The audit and chargeback provisions of this section apply to all other incentive and

reimbursement programs that are subject to audit by the manufacturer. This section

does not apply to fraudulent claims.
N.D. Cent. Code § 51-18-04.3 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-04.3
51-18-04.3. Agreement by telepromoter or seller in violation of chapter void
Status: in_force

51-18-04.3. Agreement by telepromoter or seller in violation of chapter void

Any agreement for sale, lease, or rental of a consumer good or service in a personal

solicitation sale by a telepromoter, seller, or seller's representative in violation of this chapter is

unenforceable and void.
N.D. Cent. Code § 51-23-19 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-19
51-23-19. Scope of this chapter
Status: in_force

51-23-19. Scope of this chapter

1. Sections 51-23-03, 51-23-06, and 51-23-07 apply to persons who sell or offer to sell

when an offer to sell is made in this state or an offer to buy is made and accepted in

this state.

2. Sections 51-23-03, 51-23-06, and 51-23-07 apply to persons who buy or offer to buy

when an offer to buy is made in this state or an offer to sell is made and accepted in

this state.

3. For the purpose of this section, an offer to sell or to buy is made in this state, whether

or not either party is then present in this state, when the offer originates from this state,

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

or at any post office in this state in the case of a mailed offer.

4. For the purpose of this section, an offer to buy or to sell is accepted in this state when

acceptance is communicated to the offeror in this state, and has not previously been

communicated to the offeror, orally or in writing, outside this state; and acceptance is

communicated to the offeror in this state, whether or not either party is then present 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, or at

any post office in this state in the case of a mailed acceptance.

5. An offer to sell or to buy is not made in this state when:

a. 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 is not published in this state or which is published in this state

but has had more than two-thirds of its circulation outside this state during the

past twelve months; or

b. A radio or television program originating outside this state is received in this state.
N.D. Cent. Code § 51-22-02 — ND Code / Title 51 / Chapter 51-22 / Section 51-22-02
51-22-02. Prohibition against disclosure except upon written consent - Application of section
Status: in_force

51-22-02. Prohibition against disclosure except upon written consent - Application of

section.

1. No business entity which charges a fee for data processing services performed may

disclose in whole or in part the contents of any record, including the disclosure of

information contained in the record through inclusion in any composite of information,

which is prepared or maintained by such business entity to any person, other than the

individual or business entity which is the subject of the record, without the express

written consent of such individual or business entity.

2. This section does not apply to the following:

a. A disclosure to any person pursuant to a subpoena or court order.

b. A disclosure which is discoverable pursuant to the North Dakota Rules of Civil

Procedure.

c. A disclosure to any person pursuant to a lawful search warrant.
N.D. Cent. Code § 51-07-11 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-11
51-07-11. Property sold under conditional sale contract not attached, repossessed, or acquired until taxes paid
Status: in_force

51-07-11. Property sold under conditional sale contract not attached, repossessed, or

acquired until taxes paid.

When personal property has been sold under a conditional sale contract and such contract

has been canceled or foreclosed, the owner, holder, or assignee of such contract may not

attach, repossess, or acquire by bill of sale the property sold under the contract until the taxes

levied upon such property have been paid as follows:

1. For property other than mobile homes subject to tax under chapter 57-55, all taxes

levied upon the property must be paid in full.

2. For mobile homes subject to tax under chapter 57-55, the tax levied upon the property

for the current year and the most recent preceding year must be paid in full.
N.D. Cent. Code § 51-22-01 — ND Code / Title 51 / Chapter 51-22 / Section 51-22-01
51-22-01. Definitions
Status: in_force

51-22-01. Definitions

As used in this chapter:

1. "Business entity" means a sole proprietorship, partnership, corporation, limited liability

company, association, or other group, however organized and whether or not

organized to operate at a profit, doing business in this state.

2. "Data processing services" means any systematic sequence of operations, including

but not limited to bookkeeping functions, inventory control, storage, or manipulation

and retrieval of management or personnel information, performed upon data by

electronic devices which perform logical, arithmetic, and memory functions by the

manipulation of electronic or magnetic impulses. The term does not include operations

performed by telecommunication devices.

3. "Individual" means a natural person.

4. "Person" means any natural person, corporation, limited liability company, partnership,

firm, association, or governmental entity.

5. "Record" means any item, collection, or grouping of information about an individual or

business entity.
N.D. Cent. Code § 51-30-01 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-01
51-30-01. Definitions
Status: in_force

51-30-01. Definitions

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

1. "Breach of the security system" means unauthorized acquisition of computerized data

when access to personal information has not been secured by encryption or by any

other method or technology that renders the electronic files, media, or databases

unreadable or unusable. Good-faith acquisition of personal information by an

employee or agent of the person is not a breach of the security of the system, if the

personal information is not used or subject to further unauthorized disclosure.

2. "Health insurance information" means an individual's health insurance policy number

or subscriber identification number and any unique identifier used by a health insurer

to identify the individual.

3. "Medical information" means any information regarding an individual's medical history,

mental or physical condition, or medical treatment or diagnosis by a health care

professional.

4. a. "Personal information" means an individual's first name or first initial and last

name in combination with any of the following data elements, when the name and

the data elements are not encrypted:

(1) The individual's social security number;

(2) The operator's license number assigned to an individual by the department

of transportation under section 39-06-14;

(3) A nondriver color photo identification card number assigned to the individual

by the department of transportation under section 39-06-03.1;

(4) The individual's financial institution account number, credit card number, or

debit card number in combination with any required security code, access

code, or password that would permit access to an individual's financial

accounts;

(5) The individual's date of birth;

(6) The maiden name of the individual's mother;

(7) Medical information;

(8) Health insurance information;

(9) An identification number assigned to the individual by the individual's

employer in combination with any required security code, access code, or

password; or

(10) The individual's digitized or other electronic signature.

b. "Personal information" does not include publicly available information that is

lawfully made available to the general public from federal, state, or local

government records.
N.D. Cent. Code § 51-26-03 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-03
51-26-03. Replacement of farm machinery or refund of purchase price - Allowance deducted for consumer's use - Refund
Status: in_force

51-26-03. Replacement of farm machinery or refund of purchase price - Allowance

deducted for consumer's use - Refund.

If the manufacturer or its agent cannot conform the new farm machinery to any applicable

express warranty by repairing or correcting any default or condition that substantially impairs the

use or market value of the new farm machinery to the consumer after a reasonable number of

attempts, the manufacturer shall give the consumer the option of having the manufacturer either

replace the new farm machinery with a comparable new farm machinery acceptable to the

consumer, or take title of the machine from the consumer and refund to the consumer the full

purchase price, including all reasonably incurred collateral charges, less a reasonable

allowance for the consumer's use of the machine. The subtraction of a reasonable allowance for

use shall apply when either a replacement or refund of the new farm machinery occurs. Refunds

must be made to the consumer and lienholder of record, if any, as their interests may appear.
N.D. Cent. Code § 51-13-02 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-02
51-13-02. Requirements as to retail installment contracts
Status: reserved

51-13-02. Requirements as to retail installment contracts

1. A retail installment contract must be dated and in writing, and must contain all the

agreements of the parties with respect to the cost and terms of payment for the

personal property, including any promissory notes or other evidences of indebtedness

between the parties relating to the transaction.

2. If the retail installment sale for which the retail installment contract is made is not

subject to the Truth in Lending Act [15 U.S.C. 1601-1667f], or if the retail installment

sale is subject to that Act and the seller does not comply with all the requirements of

that Act, this subsection applies.

a. The printed portion of the contract must be in at least eight-point type. The

contract must contain printed or written in a size equal to at least ten-point bold

type:

(1) Either at the top of the contract or directly above the space reserved for the

signature of the buyer, the words "RETAIL INSTALLMENT CONTRACT".

(2) A specific statement that liability insurance coverage for bodily injury and

property damage caused to others is not included, if that is the case.

(3) The following notice: "NOTICE TO THE BUYER: 1. Do not sign this contract

before you read it or if it contains any blank space. 2. You are entitled to a

completely filled-in copy of this contract when you sign it. 3. Under the law,

you have the following rights, among others: (a) to pay off in advance the full

amount due and to obtain a partial refund of the finance charge; (b) to

redeem the property if repossessed for a default within the time provided by

law; (c) to require, under certain conditions, a resale of the property if

repossessed. 4. If you desire to pay off in advance the full amount due, the

amount of the refund you are entitled to, if any, will be furnished upon

request."

b. The seller shall deliver to the buyer a legible copy of the contract or any other

document the seller has required or requested the buyer to sign. Until the seller

does so, a buyer who has not received delivery of the personal property has an

unconditional right to cancel the contract and to receive immediate refund of all

payments made and redelivery of all goods traded in to the seller on account of or

in contemplation of the contract. Any acknowledgment by the buyer of delivery of

a copy of the contract must be printed or written in a size equal to at least

ten-point bold type and, if contained in the contract, must also appear directly

above the space reserved for the buyer's signature. The buyer's written

acknowledgment of delivery of a copy of a contract is conclusive proof of such

delivery and of compliance with this subdivision in any action or proceeding by or

against an assignee of the contract without knowledge to the contrary when the

assignee purchases the contract.

c. The contract must contain:

(1) The names of the seller and the buyer, the place of business of the seller,

the residence or place of business of the buyer as specified by the buyer

and a description of the personal property including its make, year model,

model and identification numbers or marks, if any, and whether it is new or

used.

(2) The cash price of the personal property which is the subject matter of the

retail installment sale.

(3) The amount of the buyer's downpayment, itemizing the amounts paid in

money and in goods and containing a brief description of the goods, if any,

traded in.

(4) The difference between paragraphs 2 and 3, which is the unpaid balance of

cash price.

(5) The amount, if any, included for insurance, specifying the coverages.

(6) The amount, if any, of official fees.

(7) The amount financed, which is the sum of paragraphs 4, 5, and 6.

(8) The amount of the finance charge, if any.

(9) The total of payments, which is the sum of paragraphs 7 and 8, payable by

the buyer to the seller, the number of installments required, the amount of

each installment expressed in dollars, and the due date or period thereof.

(10) The deferred payment price, which is the sum of the amounts determined in

paragraphs 2, 5, 6, and 8.

(11) If any installment substantially exceeds in amount any prior installment other

than the downpayment, the following legend printed in at least ten-point bold

type or typewritten: "THIS CONTRACT IS NOT PAYABLE IN

INSTALLMENTS OF EQUAL AMOUNTS", followed, if there be but one

larger installment, by: "AN INSTALLMENT OF $_______ WILL BE DUE ON

_____", or, if there be more than one larger installment, by: "LARGER

INSTALLMENTS WILL BE DUE AS FOLLOWS: _____", in such latter case

inserting the amount of every larger installment and its due date.

(12) Any balloon payments. If any payment under a contract is more than twice

the amount of an otherwise regularly scheduled equal payment, the seller

shall identify the amount of such payment by the term "balloon payment".

The items need not be stated in the sequence or order set forth above; additional

items may be included to explain the calculations involved in determining the

amount to be paid by the buyer.

d. If the cost of any insurance is included in the contract and a separate charge is

made to the buyer for the insurance:

(1) The contract must state whether the insurance is to be procured by the

buyer or the seller.

(2) If the insurance is to be procured by the seller or holder, the seller or holder

shall within thirty days after execution of the retail installment contract send

or cause to be sent to the buyer a policy or policies or certificate of

insurance, written by an insurance company authorized to do business in

this state and sold by a licensed insurance agent.

If any such policy or certificate is canceled, the unearned insurance premium

refund received by the holder of the contract must be credited to the final

maturing installments of the retail installment contract except to the extent applied

toward payment for similar insurance protecting the interests of the buyer and

holder of the contract or either of them.

e. A contract may provide for the payment by the buyer of a delinquency and

collection charge on each installment in default for a period of more than ten days

in an amount equal to ten percent of the delinquent installment payment or ten

dollars, whichever is less; provided, that only one such delinquency and collection

charge may be collected on each installment in addition to interest accruing

thereon.

f. No retail installment contract may be signed by any party thereto when it contains

blank spaces to be filled in after it has been signed except that, if delivery of the

personal property is not made at the time of the execution of the contract, the

identifying numbers or marks of the property or similar information and the due

date of the first installment may be inserted in the contract after its execution.

3. If a retail installment sale is also subject to the Truth in Lending Act [15 U.S.C.

1601-1667e], the seller may, instead of complying with the disclosure requirements of

subsection 2, comply with all requirements of the Truth in Lending Act. A seller who

complies with the Truth in Lending Act still must comply with the provisions of this

section governing matters other than disclosure.
N.D. Cent. Code § 51-05.1-05 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-05
51-05.1-05. Handling of funds by clerk of auction sale
Status: in_force

51-05.1-05. Handling of funds by clerk of auction sale

Every clerk of an auction sale shall maintain in the clerk's name or firm name, a separate

trust account designated as such in a federally insured bank or other federally insured

depository in this state in which the clerk immediately shall deposit all funds not the clerk's own,

including funds in which the clerk may have some future interest or claim. A federally insured

depository located outside the state is not required to deposit funds in a depository in this state

if auction sale funds are deposited in a separate trust account designated in the clerk's

depository. A clerk may not commingle the clerk's personal funds or other funds in a trust

account except that a clerk may deposit and keep a sum of one thousand dollars in the account

from the clerk's personal funds, which sum must be specifically identified and deposited to cover

service charges related to the trust account. In conjunction with the account, the clerk shall

maintain at the clerk's usual place of business books, records, and other documents so that the

adequacy of the account may be determined at any time.
N.D. Cent. Code § 51-30-02 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-02
51-30-02. Notice to attorney general and consumers
Status: in_force

51-30-02. Notice to attorney general and consumers

Any person that owns or licenses computerized data that includes personal information,

shall disclose any breach of the security system following discovery or notification of the breach

in the security of the data to any resident of the state whose unencrypted personal information

was, or is reasonably believed to have been, acquired by an unauthorized person. In addition,

any person that experiences a breach of the security system as provided in this section shall

disclose to the attorney general by mail or electronic mail any breach of the security system

which exceeds two hundred fifty individuals. The disclosure must be made in the most

expedient time possible and without unreasonable delay, consistent with the legitimate needs of

law enforcement, as provided in section 51-30-04, or any measures necessary to determine the

scope of the breach and to restore the integrity of the data system.
N.D. Cent. Code § 51-08.1-12 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-12
51-08.1-12. Rights, privileges, and immunities
Status: in_force

51-08.1-12. Rights, privileges, and immunities

Nothing in this chapter may be construed so as to abrogate an individual's constitutionally

guaranteed rights, privileges, and immunities.
N.D. Cent. Code § 51-12-01 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-01
51-12-01. False and misleading advertising prohibited
Status: in_force

51-12-01. False and misleading advertising prohibited

1. No person with intent to sell, dispose of, increase the consumption of, or induce the

public to enter an obligation relative to or to acquire title or interest in any product,

merchandise, security, service, performance, or anything offered to the public may

make, publish, disseminate, circulate, broadcast, or place before the public, or directly

or indirectly shall cause to be made, published, disseminated, circulated, broadcast, or

placed before the public in a newspaper, or other publication, or in the form of a book,

notice, handbill, poster, bill, circular, pamphlet, tab, label, letter, television or radio

broadcast, placement on the internet, or in any other way, an advertisement or web

page that contains any assertion, representation, or statement of fact, including the

price thereof or name suggesting the business location of the offeror, which is untrue,

deceptive, or misleading regarding such product, merchandise, security, service,

performance, price, business location, or anything offered to the public.

2. It is not a violation of this section to advertise a performance by a performing group if

at least one member of the performing group was a member of the recording group,

the performance is identified as a "salute" or "tribute" to the recording group, the

performance is expressly authorized in the advertising by the recording group, the

advertising does not relate to a live music performance taking place in this state, or the

advertising contains a disclaimer that the performing group is not the recording group

or is not affiliated with the recording group.

3. This section imposes liability on only the offeror of a product or service. This section

does not impose liability on a publisher, broadcaster, other advertising media, or an

advertising agency that relies on the assurances of a person placing an advertisement

that the claims or representations are true.
N.D. Cent. Code § 51-07-01.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-01.1
51-07-01.1. Termination of retail contract to be done in good faith - Definition of good cause
Status: in_force

51-07-01.1. Termination of retail contract to be done in good faith - Definition of good

cause.

1. Any manufacturer, wholesaler, or distributor of merchandise and tools covered under

section 51-07-01, excluding automobile dealers, truck dealers, or parts dealers of the

automobiles or trucks, that enters a contract with any person engaged in the business

of retailing the covered merchandise by which the retailer agrees to maintain a stock of

the covered merchandise may not terminate, cancel, or fail to renew the contract with

the retailer without good cause.

2. For the purpose of this section, good cause for terminating, canceling, or failing to

renew a contract is limited to failure by the retailer to substantially comply with those

essential and reasonable requirements imposed by the contract between the parties if

the requirements are not different from those requirements imposed on other similarly

situated retailers. The determination by the manufacturer, wholesaler, or distributor of

good cause for the termination, cancellation, or failure to renew must be made in good

faith.

3. In any action against a manufacturer, wholesaler, or distributor for violation of this

section, the manufacturer, wholesaler, or distributor shall establish that the termination,

cancellation, or failure to renew was made in good faith for good cause. If a notice of

termination is issued and the dealer challenges the notice by filing an action, there is

an automatic stay during the pendency of the action. If the manufacturer, wholesaler,

or distributor fails to establish good cause for its action, the manufacturer, wholesaler,

or distributor is liable for all special and general damages sustained by the plaintiff,

including the costs of the litigation and reasonable attorney's fees for prosecuting the

action and the plaintiff, if appropriate, is entitled to injunctive relief. This section applies

to all contracts now in effect which have no expiration date and are continuing

contracts and all other contracts entered, amended, or renewed after July 31, 2003.

Any contract in force and effect on August 1, 2003, which by its terms will terminate on

a date subsequent thereto is governed by the law as it existed before August 1, 2003.
N.D. Cent. Code § 51-10-12 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-12
51-10-12. North Dakota trade commission
Status: repealed

51-10-12. North Dakota trade commission

Repealed by S.L. 1991, ch. 525, § 4.
N.D. Cent. Code § 51-27-03 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-03
51-27-03. Unpermitted or misleading electronic mail - Violation of consumer protection law (Contingent expiration date - See note)
Status: in_force

51-27-03. Unpermitted or misleading electronic mail - Violation of consumer

protection law. (Contingent expiration date - See note)

1. It is a violation of chapter 51-15 to conspire with another person to initiate the

transmission or to initiate the transmission of a commercial electronic mail message

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. It is a violation of chapter 51-15 to assist in the transmission of a commercial electronic

mail message if the person providing the assistance knows, or consciously avoids

knowing, that the initiator of the commercial electronic mail message is engaged, or

intends to engage, in any act or practice that violates chapter 51-15.
N.D. Cent. Code § 51-19-04 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-04
51-19-04. Exemptions
Status: in_force

51-19-04. Exemptions

1. There must be exempted from the provisions of section 51-19-03 the offer to sell, the

offer to purchase, the sale, and the purchase of a franchise if the franchisor:

a. Has a net worth on a consolidated basis according to its most recent audited

financial statement of not less than ten million dollars; or the franchisor has a net

worth according to its most recent financial statement of not less than one million

dollars and is at least eighty percent owned by a corporation which has a net

worth on a consolidated basis according to its most recent audited financial

statement of not less than ten million dollars;

b. Has had at least twenty-five franchisees conducting business at all times during

the five-year period immediately preceding the offer or sale; or has conducted

business which is the subject of the franchise continuously for not less than five

years preceding the offer or sale; or if any corporation which owns at least eighty

percent of the franchisor has had at least twenty-five franchisees conducting

business at all times during the five-year period immediately preceding the offer

or sale; or such corporation has conducted business which is the subject of the

franchise continuously for not less than five years preceding the offer or sale;

c. Except as provided in subdivision d, discloses in writing to each prospective

franchisee, at least seven days prior to the execution by the prospective

franchisee of any binding franchise or other agreement, or at least seven days

prior to the receipt of any consideration, whichever occurs first, the following

information:

(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, limited liability

company, partnership, or otherwise.

(4) The business experience of the franchisor, including the length of time the

franchisor has conducted a business of the type to be operated by the

franchisee, has granted franchises for such business, and has granted

franchises in other lines of business.

(5) A copy of the typical franchise contract or agreement proposed for use or in

use in this state.

(6) 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.

(7) 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 that the franchisor collects in whole or in part

on behalf of a third party or parties.

(8) A statement of the conditions under which the franchise agreement may be

terminated or renewal refused, or repurchased at the option of the

franchisor.

(9) A statement as to whether, by the terms of the franchise agreement or by

other device or practice, the franchisee or subfranchisor is required to

purchase from the franchisor or the franchisor's designee services, supplies,

products, fixtures, or other goods relating to the establishment or operation

of the franchise business, together with a description thereof.

(10) 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 customers.

(11) 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.

(12) A statement of any past or present practice 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.

(13) If any statement of estimated or projected franchisee earnings is used, a

statement of such estimation or projection and the data upon which it is

based.

(14) A statement as to whether franchisees or subfranchisors receive an

exclusive area or territory;

d. In the case of a material modification of an existing franchise, discloses in writing

to each franchisee information concerning the specific sections of the franchise

agreement proposed to be modified and such additional information as may be

required by rule or order of the commissioner. Any agreement by such franchisee

to such material modifications is not binding upon the franchisee if the franchisee,

within ten business days after the receipt of such writing identifying the material

modification, notifies the franchisor in writing that the agreement to such

modification is rescinded. A writing identifying the material modification is

received when delivered to the franchisee. A written notice by the franchisee

rescinding an agreement to a material modification is effective when delivered to

the franchisor or when deposited in the mail, postage prepaid, and addressed to

the franchisor in accordance with any notice provisions in the franchise

agreement, or when delivered or mailed to the person designated in the franchise

agreement for the receipt of notices on behalf of the franchisor; and

e. Has filed with the commissioner a notice of exemption and paid the fee required

by section 51-19-17 prior to the offer or sale of a franchise in this state. Any

notice of exemption and the renewal 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, limited liability

company, partnership, or otherwise.

(4) A copy of the typical franchise contract or agreement proposed for use or in

use in this state.

(5) Information sufficient to establish that the franchisor satisfies the exemption

conditions contained in subdivisions a and b.

Any notice of exemption remains in effect for a period of one year from the date

the notice is received by the commissioner.

2. The offer or sale of a franchise by a franchisee for the franchisee's own account or the

offer or sale of the entire area franchise owned by a subfranchisor for the

subfranchisor's own account is exempted from the provisions of section 51-19-03 if the

sale is not effected by or through a franchisor; provided, however, that no

subfranchisor may offer or sell a franchise under this subsection without first obtaining

the written approval of the commissioner. The commissioner may require that the

subfranchisor and the franchisor provide the prospective purchaser and the

commissioner with such information and disclosures as the commissioner deems

necessary or appropriate to carry out the purposes of this chapter. A sale is not

effected by or through a franchisor merely because a franchisor has a right to approve

or disapprove a different franchisee.

3. There must be exempted from the provisions of section 51-19-03 any other transaction

which the commissioner by rule exempts as not being comprehended within the

purposes of this chapter and the registration of which the commissioner finds is not

necessary or appropriate in the public interest or for the protection of investors.