N.D. Cent. Code § 51-35-06 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-06
51-35-06. Catalytic converters
Status: in_force

51-35-06. Catalytic converters

1. Unless the person is registered with the attorney general as a scrap metal dealer

under section 51-35-05, a person may not purchase, trade for, or pledge to buy a

detached used catalytic converter, or offer or advertise to purchase, trade for, or

pledge to buy a detached used catalytic converter.

2. Unless the seller is exempt under subdivision d of subsection 1 of section 51-35-03, a

person wishing to sell a detached used catalytic converter shall do so in person at the

fixed business premises of a scrap metal dealer registered with the attorney general.
N.D. Cent. Code § 51-07-26 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-26
51-07-26. Succession to ownership of an automobile, truck, or farm equipment dealership
Status: in_force

51-07-26. Succession to ownership of an automobile, truck, or farm equipment

dealership.

1. The owner of an automobile, truck, or farm equipment dealership may appoint by trust,

will, or any other valid written instrument a successor to the owner's dealership interest

upon the owner's death or incapacity.

2. Unless the manufacturer, wholesaler, or distributor has good cause to refuse to honor

the succession, the successor may succeed to the ownership of the dealership under

the existing franchise if:

a. Within ninety days of the owner's death or incapacity, the successor gives written

notice of the successor's intent to succeed to ownership of the dealership; and

b. The successor agrees to be bound by all the terms and conditions of the

franchise agreement with the prior owner.

3. Upon request, the successor shall promptly provide the manufacturer, wholesaler, or

distributor evidence of the successorship appointment, as well as personal and

financial information reasonably necessary to determine whether the succession

should be honored by the manufacturer, wholesaler, or distributor.
N.D. Cent. Code § 51-05.1-04.2 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-04.2
51-05.1-04.2. Buyer's premium
Status: in_force

51-05.1-04.2. Buyer's premium

A successful bidder may not be required to pay an amount in excess of the successful bid

and governmental fees and taxes, unless before bidding the bidder has signed a statement

which clearly describes the additional amount and states how the actual amount due will be

determined.
N.D. Cent. Code § 51-07-02.3 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-02.3
51-07-02.3. Prohibited acts
Status: in_force

51-07-02.3. Prohibited acts

A manufacturer, wholesaler, or distributor of automobiles or trucks, or parts of the

automobiles or trucks, that enters a contract with any person engaged in the business of selling

or retailing automobiles, trucks, or parts for the automobiles or trucks, may not:

1. Coerce or attempt to coerce the retailer into accepting delivery of automobiles, trucks,

parts, or accessories that the retailer has not ordered voluntarily.

2. Condition or attempt to condition the sale of automobiles or trucks on a requirement

that the automobile or truck retailer purchase other goods or services, except that the

manufacturer, wholesaler, or distributor may require a retailer to purchase all parts

reasonably necessary to maintain the quality of operation and telecommunications

necessary to communicate with the manufacturer, wholesaler, or distributor.

3. Implement or establish a system of motor vehicle allocation or distribution to one or

more of its dealers that is unfair, inequitable, or unreasonably discriminatory. As used

in this subsection, "unfair" includes requiring a dealer to accept new vehicles not

ordered by the dealer or the refusal or failure to offer to any dealer all models offered

to any of its other same line-make dealers in this state. The failure to deliver any motor

vehicle is not a violation of this section if failure is due to any cause over which the

manufacturer does not have control.

4. Require a dealer to pay all or any part of the cost of an advertising campaign or

contest or purchase any promotional material, showroom, or other display decoration

or material at the expense of the dealer.

5. Coerce or attempt to coerce an automobile or truck retailer into not carrying dual lines

or into maintaining separate facilities as long as the retailer's facilities otherwise satisfy

the reasonable requirements of the manufacturer, wholesaler, or distributor.

6. Require a retailer to either establish or maintain exclusive facilities, personnel, or

display space or to abandon an existing franchise relationship with another

manufacturer in order to continue, renew, reinstate, or enter a franchise agreement or

to participate in any program discount, credit, rebate, or sales incentive. This

subsection does not apply to a program that is in effect with more than one dealer in

this state on April 20, 2011, or to a renewal or modification of the program.

7. 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, and failure to deny the request

within sixty days is deemed approval.

8. Require the retailer to unreasonably remodel, renovate, or recondition the retailer's

facilities, change the location of the facilities, or make unreasonable alterations to the

dealership premises.

9. Discriminate in the prices charged for automobiles or trucks of like grade and quality

sold by automobile or truck manufacturers to similarly situated automobile or truck

retailers. This prohibition does not prevent the use of differentials that solely make due

allowance for differences in the cost of manufacture, sale, or delivery or for differing

methods or quantities in which the automobiles or trucks are sold or delivered by the

manufacturer, wholesaler, or distributor.

10. Refuse or fail to offer any incentive program, bonus payment, holdback margin, or any

other mechanism that effectively lowers the net cost of a vehicle to any franchised

dealer in this state if the incentive, bonus, or holdback is available or made to one or

more same line-make dealers in this state.

11. Attempt or threaten to terminate, cancel, or fail to renew, or substantially change the

competitive circumstances of the dealership contracts for any reason other than the

failure of the automobile or truck retailer to comply with the terms of the contract

between the parties, if the attempt or threat is based on the results of a circumstance

beyond the retailer's control, including a natural disaster in the dealership market area

or a labor dispute.

12. Require a dealer in this state to enter any agreement to assent to a release,

assignment, novation, waiver, or estoppel in which a dealer relinquishes any rights

under this state's law, or which would relieve any person from liability imposed by this

state's law 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, and the renewal, reinstatement, or

continuation of a franchise agreement alone does not constitute separate and valuable

consideration.

13. Require any dealer in this state to enter any agreement with the manufacturer or any

other party which requires the law of another jurisdiction to apply to any dispute

between the dealer and manufacturer, requires that the dealer bring an action against

the manufacturer in a venue outside of this state, in any way purports to waive any

dealer's right to have all of this state's statutory and common law apply, shortens or

otherwise modifies or eliminates any dealer's right to resolve any dispute with a

manufacturer in a state or federal court in this state, or requires the dealer to agree to

arbitration or waive its rights to bring a cause of action against the manufacturer,

unless done in connection with a settlement agreement to resolve a matter or pending

dispute between a manufacturer and the dealer. This settlement agreement must be

entered voluntarily for separate and valuable consideration and renewal,

reinstatement, or continuation of a franchise agreement alone is not separate and

valuable consideration.
N.D. Cent. Code § 51-07-18 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-18
51-07-18. Duty to replace defective passenger motor vehicle or refund price - Prerequisite of using available informal dispute settlement process
Status: in_force

51-07-18. Duty to replace defective passenger motor vehicle or refund price -

Prerequisite of using available informal dispute settlement process.

1. If the manufacturer, its agent, or its authorized dealer is unable to make the passenger

motor vehicle conform to any applicable express warranty by repairing or correcting

any defect or condition that substantially impairs the use and market value of the

passenger motor vehicle, after a reasonable number of attempts, the manufacturer

shall replace that passenger motor vehicle with a comparable passenger motor vehicle

or accept return of the passenger motor vehicle from the consumer, and refund to the

consumer the full purchase price, including all collateral charges, less a reasonable

allowance for the consumer's use of the vehicle not exceeding ten cents per mile [1.61

kilometers] driven or ten percent of the purchase price, whichever is less. Refunds

must be made to the consumer, the lessor, and the lienholder, if any, as their interests

may appear. A reasonable allowance for use is the amount directly attributable to use

by the consumer before the consumer's first report of the nonconformity to the

manufacturer, agent, or dealer, and during any subsequent period when the vehicle is

not out of service for repair.

2. It is an affirmative defense to any claim under sections 51-07-16 through 51-07-22:

a. That an alleged nonconformity does not substantially impair the use and market

value of the passenger motor vehicle; or

b. That a nonconformity is the result of abuse, neglect, or unauthorized

modifications or alterations of the passenger motor vehicle by a consumer.

3. If a manufacturer has established or participates in an informal dispute settlement

procedure that substantially complies with the substantive rules of the federal trade

commission, 16 CFR 703, or if the manufacturer participates in a consumer and

industry appeals, arbitration, or mediation appeals board whose decisions are binding

on the manufacturer, the remedy under subsection 1 is not available to a consumer

who has not first resorted to that procedure. If the consumer requests an oral

presentation before the board or dispute settlement mechanism, the hearing must take

place in the state in which the consumer resides. The attorney general shall, on

application, issue a determination of whether an informal dispute resolution

mechanism qualifies under this subsection.
N.D. Cent. Code § 51-19-16 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-16
51-19-16. General provisions
Status: in_force

51-19-16. General provisions

1. Every franchisor or subfranchisor offering franchises for sale in this state shall at all

times keep and maintain a complete set of books, records, and accounts of such

sales, which must at all times be open to inspection by the commissioner, and shall

make and file with the commissioner such reports as the commissioner may by rule or

order prescribe.

2. The commissioner may accept and act upon the opinions, appraisals, and reports of

any engineers, appraisers, or other experts which may be presented by an applicant or

any interested party on any question of fact concerning or affecting the franchises

proposed to be offered and sold. In lieu of, or in addition to, such opinions, appraisals,

and reports, the commissioner may have any or all matters concerning or affecting

such franchises investigated, appraised, passed upon, and certified to the

commissioner by engineers, appraisers, or other experts selected by the

commissioner.

3. Any document filed under this chapter may be incorporated by reference in a

subsequent application filed under this chapter if it was filed within four years prior to

the filing of such application or is otherwise available in the files of the commissioner,

to the extent that the document is currently accurate.

4. In any proceeding under this chapter, the burden of proving an exemption or exception

from a definition is upon the person claiming it.

5. The commissioner may honor requests from interested persons for interpretive

opinions.

6. No provision of this chapter imposing any liability applies to any act done or omitted in

good faith in conformity with any rule, form, order, or written interpretive opinion of the

commissioner or any opinion of the attorney general, notwithstanding that the rule,

form, order, or written interpretive opinion may later be amended or rescinded or be

determined by judicial or other authority to be invalid for any reason.

7. Any condition, stipulation, or provision purporting to bind any person acquiring any

franchise to waive compliance with any provision of this chapter or any rule or order

hereunder is void.

8. Every final order, decision, license, or other official act of the commissioner is subject

to judicial review in accordance with chapter 28-32.
N.D. Cent. Code § 51-23-09 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-09
51-23-09. Securities laws unaffected
Status: in_force

51-23-09. Securities laws unaffected

Nothing in this chapter impairs, derogates, or otherwise affects the authority or powers of

the commissioner under the Securities Act of 1951 or the application of any provision thereof to

any person or transaction subject thereto.
N.D. Cent. Code § 51-12-13 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-13
51-12-13. Penalty
Status: in_force

51-12-13. Penalty

Any person who violates any of the provisions of sections 51-12-08 through 51-12-12 is

guilty of a class B misdemeanor.
N.D. Cent. Code § 51-12-15 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-15
51-12-15. Product rebates - Acceptable mailing addresses
Status: in_force

51-12-15. Product rebates - Acceptable mailing addresses

A person who is eligible to receive a mail-in rebate for the purchase of a product or

merchandise must be given the option of providing either a street address or a post-office box

number as a mailing address.
N.D. Cent. Code § 51-31-04 — ND Code / Title 51 / Chapter 51-31 / Section 51-31-04
51-31-04. Police reports - Judicial determination of factual innocence
Status: in_force

51-31-04. Police reports - Judicial determination of factual innocence

1. An individual who has learned or reasonably suspects that the individual's personal

identifying information has been unlawfully used by another, as described in section

12.1-23-11, may initiate a law enforcement investigation by contacting the local law

enforcement agency that has jurisdiction over the individual's residence or any other

jurisdiction in which any part of the offense occurred. The law enforcement agency

shall take a report of the matter, provide the individual with a copy of that report, and

begin an investigation of the facts. If the suspected crime was committed in a different

jurisdiction, the local law enforcement agency may refer the matter to the law

enforcement agency where the suspected crime was committed for further

investigation of the facts.

2. An individual who reasonably believes that the individual is the victim of identity theft

may petition the district court in the county in which the alleged victim resides or in

which the identity theft is alleged to have occurred, or the court, on its own motion or

upon application of the state's attorney, may move for an expedited judicial

determination of the individual's factual innocence, if the perpetrator of the identity theft

was arrested, cited, or convicted of a crime under the victim's identity, if a criminal

complaint has been filed against the perpetrator in the victim's name, or if the victim's

identity has been mistakenly associated with a record of criminal conviction. Any

judicial determination of factual innocence made under this section may be heard and

determined upon declarations, affidavits, police reports, or other material, relevant, and

reliable information submitted by the parties or ordered to be part of the record by the

court. If the court determines that the petition or motion is meritorious and that there is

no reasonable cause to believe that the victim committed the offense for which the

perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal

complaint in the victim's name, or that the victim's identity has been mistakenly

associated with a record of criminal conviction, the court shall find the victim factually

innocent of that offense. If the victim is found factually innocent, the court shall issue

an order certifying that determination.

3. After a court has issued a determination of factual innocence under this section, the

court may order the name and associated personal identifying information contained in

court records, files, and indexes accessible by the public deleted, sealed, or labeled to

show that the data is impersonated and does not reflect the defendant's identity.

4. A court that has issued a determination of factual innocence under this section may

vacate that determination if the petition or any information submitted in support of the

petition is found to contain any material misrepresentation or fraud.
N.D. Cent. Code § 51-20-02 — ND Code / Title 51 / Chapter 51-20 / Section 51-20-02
51-20-02. Recreation vehicle dealers may recover value of vehicles or parts from distributor in certain cases
Status: in_force

51-20-02. Recreation vehicle dealers may recover value of vehicles or parts from

distributor in certain cases.

1. If a dealer has entered a written contract with a distributor in which the dealer agrees

to maintain a stock of recreation vehicles, repair parts, or both recreation vehicles and

repair parts, and either the dealer or the distributor desires to cancel or discontinue the

contract, the distributor shall pay to the dealer, unless the dealer desires to keep the

recreation vehicles or repair parts, the following amounts:

a. A sum equal to one hundred percent of the net cost of all current year, unused,

and complete recreation vehicles;

b. 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 dealer's

inventory on the date of cancellation or discontinuance of the contract or were

thereafter received by the dealer from the distributor;

c. 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; and

d. Any freight charges on the equipment or repair parts paid by the dealer.

2. When a distributor has made payment in accordance with this section, title to the

recreation vehicles and repair parts must pass to the distributor and the distributor is

entitled to possession of the recreation vehicles and repair parts. The provisions of this

section are supplemental to any contractual rights which the dealer may have with

respect to reimbursement for recreation vehicles 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. An election by a dealer to pursue a contractual remedy does not bar the

dealer's right to the remedy provided by this section with respect to those pieces of

recreation vehicles and repair parts not affected by the contract remedy.

3. This section applies to every contract now in effect which has no stated expiration date

and to all other contracts entered after July 31, 2001. Contracts in force and effect on

July 31, 2001, which by their terms will terminate on a date subsequent to July 31,

2001, are governed by the law existing before August 1, 2001.
N.D. Cent. Code § 51-10-05.2 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-05.2
51-10-05.2. Subpoena - Hearing - Rules
Status: in_force

51-10-05.2. Subpoena - Hearing - Rules

The attorney general may issue subpoenas to any person, administer an oath or affirmation

to any person, conduct hearings in the aid of any investigation of inquiry, prescribe forms, and

adopt necessary rules.
N.D. Cent. Code § 51-35-07 — ND Code / Title 51 / Chapter 51-35 / Section 51-35-07
51-35-07. Catalytic converter theft - Penalty
Status: in_force

51-35-07. Catalytic converter theft - Penalty

1. A person commits the offense of theft of a catalytic converter if the person willfully

takes possession of, carries away, or exercises control over a catalytic converter with

intent to deprive the rightful owner of the catalytic converter.

2. Except as provided under subsection 3, an offense under this section is a:

a. Class B misdemeanor if the replacement value of the catalytic converter

unlawfully obtained including any repair costs is less than two hundred dollars.

b. Class A misdemeanor if the replacement value of the catalytic converter

unlawfully obtained including any repair costs is two hundred dollars or more but

less than one thousand dollars.

c. Class C felony if the replacement value of the catalytic converter unlawfully

obtained including any repair costs is one thousand dollars or more.

3. An offense under this section is a class C felony if the offense is a third or subsequent

offense, regardless of the replacement value of the catalytic converter. For purposes of

this subsection, a first and second offense include a conviction, acceptance of, or other

form of preliminary disposition before the sentencing on the present violation for an

offense under this section.
N.D. Cent. Code § 51-21-04 — ND Code / Title 51 / Chapter 51-21 / Section 51-21-04
51-21-04. Civil and criminal immunity for acts of detention
Status: in_force

51-21-04. Civil and criminal immunity for acts of detention

Any peace officer or merchant who detains any person as permitted under section 51-21-03

may not be held civilly or criminally liable for any claim for relief allegedly arising from such

detention.
N.D. Cent. Code § 51-24-04 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-04
51-24-04. Remedies - Sales
Status: in_force

51-24-04. Remedies - Sales

1. If, after a reasonable attempt to repair by the commercial seller 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 seller that sold the device and the consumer may choose to either:

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

seller and be reimbursed by the commercial seller for transaction costs; or

b. Receive a full refund of the purchase price plus any finance charges from the

commercial seller and be reimbursed by the commercial seller for transaction

costs.

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

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

assistive technology device to pay transaction costs to the consumer and to

provide the consumer with either a new replacement assistive technology device

or a full refund of the purchase price plus 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 seller must provide a loaner to the consumer to use until the

commercial seller has provided to the consumer a new replacement assistive

technology device or a full refund of the purchase price plus any finance charges.

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

commercial seller that sold the assistive technology device. If agreeable, the

consumer may deal with the manufacturer or other prior parties in the sales or

distribution chain. If the commercial seller is no longer selling assistive technology

devices, the consumer may deal with the seller's successor.

d. The costs of a new replacement assistive technology device, a full refund, any

loaner, and transaction costs due the consumer are to be borne in the first

instance by the commercial seller. The commercial seller may have rights to

reimbursement or compensation from the manufacturer or other prior parties in

the sales or distribution chain. Those rights of the commercial seller are not

affected by this chapter.
N.D. Cent. Code § 51-15-02.1 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-02.1
51-15-02.1. Use of check endorsements for advertising obligations prohibited
Status: in_force

51-15-02.1. Use of check endorsements for advertising obligations prohibited

It is a deceptive act or practice in violation of this chapter for a person to offer, through the

mail or by other means, a check that contains an obligation to advertise with a person upon the

endorsement of a check.
N.D. Cent. Code § 51-20-01 — ND Code / Title 51 / Chapter 51-20 / Section 51-20-01
51-20-01. Definitions
Status: in_force

51-20-01. Definitions

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

1. "Contractual arrangement" means a written franchise or other written agreement, by

whatever name such agreement may be called, between a distributor and a dealer by

which the dealer agrees to sell at retail and service the distributor's recreation vehicles

in a given location or locations, whether or not exclusively with respect to a given

geographic area, and the distributor authorizes the dealer to sell, or sell and service,

and agrees to supply an inventory of recreation vehicles, and, if the dealer is to

perform service, an inventory of parts for those vehicles.

2. "Dealer" means a person, partnership, corporation, limited liability company, or other

business entity which sells at retail and services new recreation vehicles.

3. "Distributor" means any manufacturer, wholesaler, or distributor of recreation vehicles

who has a contractual arrangement with a dealer in such vehicles.

4. "Recreation vehicle" includes snowmobiles as defined in section 39-24-01, plus trailers

for transporting same when those trailers are furnished by the same distributor who

furnishes the snowmobiles; off-highway vehicles as defined in section 39-29-01;

motorcycles as defined in section 39-01-01; travel trailers, which term means vehicles

without motive power designed for recreational use as living or sleeping quarters for

people and which do not exceed forty feet [12.19 meters] in length; and motorboats,

whether propelled by an inboard or outboard marine engine, plus any outboard marine

engines and boat trailers.

5. "Repair parts" includes accessories.
N.D. Cent. Code § 51-07-18.1 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-18.1
51-07-18.1. Refunds for leased passenger motor vehicles
Status: in_force

51-07-18.1. Refunds for leased passenger motor vehicles

In any case in which a refund is tendered by a manufacturer for a leased motor vehicle

under section 51-07-18, the refund and rights of the motor vehicle lessor, lessee, and

manufacturer are as follows:

1. The manufacturer shall provide to the lessee the sum of all payments previously paid

to the motor vehicle lessor by the lessee less a reasonable allowance for the

consumer's use of the vehicle. Payments include all cash payments, security deposits,

and trade-in allowance, if any, tendered by the lessee to the motor vehicle lessor under

the lease agreement.

2. The manufacturer shall provide to the motor vehicle lessor the sum of the following:

a. The lessor's actual purchase cost, less payments made by the lessee;

b. The freight cost, if applicable;

c. The cost for dealer or manufacturer installed accessories, if applicable; and

d. An amount equal to five percent of the lessor's actual purchase cost as provided

in subdivision a. The amount in this subdivision is in lieu of any early termination

costs or penalties described in the lease agreement.

3. Upon return of the passenger motor vehicle, the consumer's lease agreement with the

lessor is terminated and no penalty for early termination may be assessed.

4. Any refund to be paid to the motor vehicle lessor must be made to the lessor and

lienholder, if any, as their interests may appear.
N.D. Cent. Code § 51-25.1-01 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-01
51-25.1-01. Definitions
Status: in_force

51-25.1-01. Definitions

As used in this chapter:

1. "Brand family" means any style of cigarettes sold under the same trademark and

differentiated from one another by means of additional modifiers or descriptors,

including "menthol", "lights", "kings", and "100s", and includes any brand name alone

or in conjunction with any other word, trademark, logo, symbol, motto, selling

message, recognizable pattern of colors, or any other indicia of product identification

identical or similar to, or identifiable with, a previously known brand of cigarettes.

2. "Cigarette" has the same meaning as in section 51-25-01.

3. "Commissioner" means the tax commissioner.

4. "Distributor" has the same meaning as in section 57-36-01.

5. "Master settlement agreement" has the same meaning as in section 51-25-01.

6. "Nonparticipating manufacturer" means a tobacco product manufacturer that is not a

participating manufacturer.

7. "Participating manufacturer" has the same meaning as in section II(jj) of the master

settlement agreement of 1998.

8. "Qualified escrow fund" has the same meaning as in section 51-25-01.

9. "Tobacco product manufacturer" has the same meaning as in section 51-25-01.

10. "Units sold" has the same meaning as in section 51-25-01.
N.D. Cent. Code § 51-28-14 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-14
51-28-14. Cease and desist orders
Status: in_force

51-28-14. Cease and desist orders

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

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

general issued under this chapter, the attorney general, without notice and hearing, may issue

any cease and desist order which the attorney general deems necessary or appropriate in the

public interest, including if any person fails or refuses to file any statement or report, or obey any

subpoena issued by the attorney general under this chapter or chapter 51-15. A person

aggrieved by an order issued under this section may request a hearing before the attorney

general if a written request is made within ten days after the receipt of the order. An adjudicative

proceeding under this section must be conducted in accordance with chapter 28-32, unless

otherwise specifically provided herein.
N.D. Cent. Code § 51-16.1-05 — ND Code / Title 51 / Chapter 51-16.1 / Section 51-16.1-05
51-16.1-05. Scope of remedies
Status: in_force

51-16.1-05. Scope of remedies

1. The rights and remedies that this chapter grants to purchasers in pyramid promotional

schemes and referral selling schemes are independent of and supplemental to any

other right or remedy available to them in law or equity, and nothing contained herein

may be construed to diminish or to abrogate any such right or remedy.

2. The provisions of this chapter are in addition to all other causes of action, remedies,

and penalties available to the state or any of its governmental agencies.
N.D. Cent. Code § 51-13-05 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-05
51-13-05. Prepayment of retail installment contract
Status: in_force

51-13-05. Prepayment of retail installment contract

1. At any time before maturity, a buyer may pay in full the remaining principal due on a

retail installment contract and is entitled to a refund of finance charges as follows:

a. The refund must be at least the finance charge paid in excess of that computed

under the simple interest method, using the annual percentage rate disclosed

under federal law to the nearest one-fourth of one percent.

b. For a retail installment contract in which the amount financed is not more than ten

thousand dollars, an acquisition cost of at most fifteen dollars may be deducted

from the refund.

c. For all retail installment contracts, a refund is not required if it is less than one

dollar.

2. Notwithstanding section 51-13-06.2, this section applies to retail installment contracts

for agricultural purposes and to retail installment contracts for more than twenty-five

thousand dollars.
N.D. Cent. Code § 51-07-27 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-27
51-07-27. Restrictions on electronically printed credit card receipts - Penalty
Status: in_force

51-07-27. Restrictions on electronically printed credit card receipts - Penalty

Except as otherwise provided under this section, a person that accepts credit cards for the

transaction of business and also electronically prints receipts for these credit card transactions

may not print on the receipt provided to the customer more than the last five digits of the credit

card account number nor print on the receipt provided to the customer the expiration date of the

credit card. This section does not apply to a credit card transaction in which the sole means of

recording the customer's credit card number is by handwriting or by an imprint or copy of the

credit card. This section becomes operative on January 1, 2004, with respect to any cash

register or other machine or device that electronically prints receipts for credit card transactions

which is first put into use after December 31, 2003. This section becomes operative on

January 1, 2007, with respect to any cash register or other machine or device that electronically

prints receipts for credit card transactions which is first put into use before January 1, 2004. A

person who violates this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 51-18-03 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-03
51-18-03. Referral sales - Rebate or discount violations
Status: in_force

51-18-03. Referral sales - Rebate or discount violations

No seller in a personal solicitation sale may offer to pay a commission or give a rebate or

discount to the buyer in consideration of the buyer's giving to the seller the names of

prospective purchasers or otherwise aiding the seller in making a sale to another person, if the

earning of the commission, rebate, or discount is contingent upon an event that is to happen

subsequent to the time the buyer agrees to buy. Any sale made in respect to which a

commission, rebate, or discount is offered in violation of this chapter is voidable at the option of

the buyer.
N.D. Cent. Code § 51-13-06.1 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-06.1
51-13-06.1. Authority to purchase retail installment contracts
Status: in_force

51-13-06.1. Authority to purchase retail installment contracts

Notwithstanding any contrary provision of law:

1. A financing agency may purchase a retail installment contract from a seller on such

terms and conditions and for such price as may be mutually agreed upon.

2. No filing of the assignment, no notice to the buyer of the assignment, and no

requirement that the seller be deprived of dominion over payments upon the contract

or over the personal property if repossessed by the seller, shall be necessary to the

validity of a written assignment of a retail installment contract as against creditors,

subsequent purchasers, pledgees, mortgagees, or encumbrancers of the seller.
N.D. Cent. Code § 51-08.1-05 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-05
51-08.1-05. Judicial jurisdiction
Status: in_force

51-08.1-05. Judicial jurisdiction

An action for violation of this chapter must be brought in district court.
N.D. Cent. Code § 51-18-05 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-05
51-18-05. Evidence of indebtedness
Status: in_force

51-18-05. Evidence of indebtedness

1. A note or other evidence of indebtedness given by a buyer in respect of a personal

solicitation sale must be dated not earlier than the date of the agreement or offer to

purchase. Any transfer of a note or other evidence of indebtedness bearing the

statement required by subsection 2 must be deemed an assignment only and any

right, title, or interest which the transferee may acquire thereby is subject to all claims

and defenses of the buyer against the seller pursuant to this chapter.

2. Each note or other evidence of indebtedness given by a buyer in respect of a personal

solicitation sale must bear on its face a conspicuous statement as follows: "This

instrument is based upon a personal solicitation sale, which is subject to the provisions

of the North Dakota Century Code. This instrument is not negotiable."

3. Compliance with the requirements of this section is a condition precedent to any claim

for relief by the seller or any transferee of an instrument bearing the statement

required under subsection 2 against the buyer upon such instrument and must be

pleaded and proved by any person who may institute an action or suit against a buyer

in respect thereof.
N.D. Cent. Code § 51-19-03 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-03
51-19-03. Registration of offer
Status: in_force

51-19-03. Registration of offer

It is unlawful for any person to offer or sell any franchise in this state unless the offer of the

franchise has been registered under this chapter or exempted under section 51-19-04.
N.D. Cent. Code § 51-14-01 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-01
51-14-01. Definitions
Status: in_force

51-14-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Credit service charge" means the amount, however expressed, which the retail buyer

contracts to pay or pays the retail seller in excess of the amount of credit extended,

representing the total charges by the retail seller incident to investigating and

extending credit under a revolving charge agreement and for extending to the retail

buyer the privilege of paying over a period of time therefor.

2. "Retail buyer" or "buyer" means a person who buys personal property from a retail

seller, or to whom a retail seller otherwise extends credit, pursuant to a revolving

charge agreement.

3. "Retail seller" or "seller" means:

a. A person that pursuant to a revolving charge agreement, agrees to sell or sells

goods or services, other than medical services. The term does not include a

medical services provider.

b. A state-chartered or national bank that extends credit by the advancement of

moneys or the payment for goods or services under a revolving charge

agreement.

4. "Revolving charge agreement" means a written instrument, defining the terms of credit

extended from time to time under the terms of the agreement. Under the agreement,

the buyer's total unpaid balance, whenever incurred, is payable over a period of time

and under the terms of which a credit service charge, other than the portion thereof

consisting of late payment or other charges, is to be computed in relation to the

buyer's unpaid balance from time to time.
N.D. Cent. Code § 51-04-02.1 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-02.1
51-04-02.1. Application to attorney general for license
Status: repealed

51-04-02.1. Application to attorney general for license

Repealed by S.L. 1983, ch. 529, § 5.
N.D. Cent. Code § 51-37-01 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-01
51-37-01. Definitions
Status: in_force

51-37-01. Definitions

As used in this chapter:

1. "Agreement" 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

merchandise, personal property, real property, or services for valuable consideration.

2. "Automatic renewal" means a plan or arrangement in which a paid subscription or

purchasing agreement is automatically renewed for a period of more than one month

at the end of a definite period for a subsequent period.

3. "Clear and conspicuous" means in a larger type than the surrounding text, in

contrasting type, font, or color to the surrounding text of the same size, or set off from

the surrounding text of the same size or symbols or other marks, in a manner that

clearly calls attention to the language and makes the language readily apparent,

readable, and understandable to the person to which the language is disclosed. In the

case of an audio disclosure, "clear and conspicuous" means in a volume and cadence

sufficient to be readily audible and understandable. A statement that contradicts or is

inconsistent with any other information with which the statement is presented is not

clear and conspicuous.
N.D. Cent. Code § 51-12-14 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-14
51-12-14. Injunction
Status: in_force

51-12-14. Injunction

Any person who violates or proposes to violate any of the provisions of sections 51-12-08

through 51-12-12 may be enjoined by any court of competent jurisdiction.

Actions for injunction under this section may be prosecuted by the attorney general or any

state's attorney in this state in the name of the people of the state of North Dakota upon their

own complaint or upon the complaint of any board, officer, person, corporation, limited liability

company, or association or by any person acting for the interests of itself, its members, or the

general public.
N.D. Cent. Code § 51-36-07 — ND Code / Title 51 / Chapter 51-36 / Section 51-36-07
51-36-07. Enforcement - Powers - Remedies - Penalty
Status: in_force

51-36-07. Enforcement - Powers - Remedies - Penalty

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 § 51-23-10 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-10
51-23-10. Purpose
Status: in_force

51-23-10. Purpose

This chapter may be construed and implemented to effectuate its general purpose to protect

investors, to prevent and prosecute illegal and fraudulent schemes involving commodity

contracts, and to maximize coordination with federal and other states' law and the

administration and enforcement thereof. This chapter is not intended to create any rights or

remedies upon which actions may be brought by private persons against persons who violate

the provisions of this chapter.
N.D. Cent. Code § 51-14-05 — ND Code / Title 51 / Chapter 51-14 / Section 51-14-05
51-14-05. Penalty
Status: in_force

51-14-05. Penalty

Any person who violates any provision of this chapter is guilty of a class A misdemeanor.

Any revolving charge account or any act in the making or collection of any revolving charge

account which violates the provisions of this chapter shall result in the forfeiture of all credit

service charges that have been paid or that may become due or payable thereunder, and in the

event that such violation is willful, the retail seller shall have no right to collect, receive, or retain

any principal, credit service charge, interest, or other charge whatsoever.
N.D. Cent. Code § 51-04-09 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-09
51-04-09. Regulation by city or other municipality
Status: in_force

51-04-09. Regulation by city or other municipality

Nothing in this chapter may be construed as prohibiting, or in any way limiting or interfering

with, the right of any city or other municipal corporation or governmental subdivision of the state

to regulate or license the carrying on within such municipality the business of a transient

merchant if authority has been, or shall hereafter be, conferred upon it so to do, but the

requirements of this chapter are in addition thereto. The governing body of a city or other

municipal corporation or governmental subdivision, by resolution, ordinance, or order, may

require transient merchants licensed under this chapter and making or intending to make sales

within the city limits to comply with any reasonable regulations, in addition to this chapter, as

that body may deem necessary for their local control and may require the payment by every

such merchant of a per diem license fee not exceeding twenty-five dollars. Every such merchant

making sales or offering to do so without complying with the regulations applicable to transient

merchants is subject to the penalty provided as if no state license had been issued by the

attorney general.
N.D. Cent. Code § 51-32-02 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-02
51-32-02. Rule of construction regarding common carriers
Status: in_force

51-32-02. Rule of construction regarding common carriers

This chapter may not be construed as imposing liability upon any common carrier, or officer

or employee of the carrier, when acting within the scope of business of the common carrier.
N.D. Cent. Code § 51-27-04 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-04
51-27-04. Subject disclosure - Violation of consumer protection law (Contingent expiration date - See note)
Status: in_force

51-27-04. Subject disclosure - Violation of consumer protection law. (Contingent

expiration date - See note)

1. The subject line of a commercial electronic mail message must include "ADV" as the

first characters. If the message contains information that consists of material of a

sexual nature that may only be viewed by an individual eighteen years of age or older,

the subject line of the message must include "ADV-ADULT" as the first characters.

2. For purposes of this section, a commercial electronic mail message does not include a

message if the recipient has consented to receive or has solicited electronic mail

messages from the initiator, from an organization using electronic mail to communicate

exclusively with its members, from an entity which uses electronic mail to

communicate exclusively with its employees or contractors, or if there is a business or

personal relationship between the initiator and the recipient.

3. For purposes of this section, a business relationship means a prior or existing

relationship formed between the initiator and the recipient, with or without an exchange

of consideration, on the basis of an inquiry, application, purchase, or services offered

by the initiator or an affiliate or agent of the initiator. "Affiliate" means a person that

directly or indirectly controls, is controlled by, or is under common control with a

specified person.

4. 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 violates this section.
N.D. Cent. Code § 51-12-12 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-12
51-12-12. Newspaper - Misrepresenting circulation
Status: in_force

51-12-12. Newspaper - Misrepresenting circulation

It is unlawful for any proprietor or publisher of any newspaper or periodical willfully and

knowingly to misrepresent the circulation of the newspaper or periodical, for the purpose of

securing advertising or other patronage.
N.D. Cent. Code § 51-28-17 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-17
51-28-17. Civil penalties in court proceeding
Status: in_force

51-28-17. Civil penalties in court proceeding

The court may award the attorney general civil penalties of not more than two thousand

dollars per violation of this chapter. A violation of this chapter constitutes a violation of chapter

51-15 and the court may award civil penalties under section 51-15-11.
N.D. Cent. Code § 51-05.1-02.1 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-02.1
51-05.1-02.1. Conviction not bar to licensure - Exceptions
Status: repealed

51-05.1-02.1. Conviction not bar to licensure - Exceptions

Repealed by S.L. 2023, ch. 447, § 7.
N.D. Cent. Code § 51-25.1-02 — ND Code / Title 51 / Chapter 51-25.1 / Section 51-25.1-02
51-25.1-02. Certification - Directory
Status: in_force

51-25.1-02. A violation of this subsection is a class A misdemeanor
N.D. Cent. Code § 51-28-12 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-12
51-28-12. Limitation of actions
Status: in_force

51-28-12. Limitation of actions

No action or proceeding may be brought under this chapter:

1. More than one year after the person bringing the action knew or should have known of

the alleged violation; or

2. More than one year after the termination of any proceeding or action by the attorney

general, whichever is later.
N.D. Cent. Code § 51-32-04 — ND Code / Title 51 / Chapter 51-32 / Section 51-32-04
51-32-04. Disclosure requirements
Status: in_force

51-32-04. Disclosure requirements

The notice required under subdivision c of subsection 1 of section 51-32-01 must include:

1. A prominent and clearly legible statement that cigarette sales to consumers below the

legal minimum age are illegal;

2. A prominent and clearly legible statement that consists of one of the warnings set forth

in section 4(a)(1) of the federal Cigarette Labeling and Advertising Act [15 U.S.C.

1333(a)(1)] rotated on a quarterly basis;

3. A prominent and clearly legible statement that sales of cigarettes are restricted to

those consumers who provide verifiable proof of age in accordance with section

51-32-01; and

4. A prominent and clearly legible statement that cigarette sales are subject to tax under

sections 57-36-06 and 57-36-32, and an explanation of how the tax has been, or is to

be, paid with respect to the delivery sale.
N.D. Cent. Code § 51-15-01 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-01
51-15-01. Definitions
Status: in_force

51-15-01. Definitions

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

1. "Advertisement" includes the attempt by publication, dissemination, solicitation, or

circulation, oral or written, to induce, directly or indirectly, any person to enter into any

obligation or acquire any title or interest in any merchandise.

2. "Attorney general" means the attorney general of North Dakota or the attorney

general's authorized delegate.

3. "Merchandise" means any objects, wares, goods, commodities, intangibles, real

estate, charitable contributions, or services.

4. "Person" means any natural person or the person's legal representative, partnership,

corporation, limited liability company, company, trust, business entity, or association,

and any agent, employee, salesman, partner, officer, director, member, stockholder,

associate, trustee, or cestui que trust thereof.

5. "Sale" means any charitable solicitation or any sale, offer for sale, or attempt to sell

any merchandise for any consideration.
N.D. Cent. Code § 51-04-06 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-06
51-04-06. Evidence
Status: in_force

51-04-06. Evidence

When it appears that any stock of goods, wares, and merchandise has been brought into

any county of this state by a person not a resident of the county, and that it is claimed,

represented, or advertised that such stock is to be closed out at reduced prices, such facts are

prima facie evidence that the person, copartnership, corporation, limited liability company, or

agency so offering the goods, wares, and merchandise for sale is a transient merchant.
N.D. Cent. Code § 51-04-02 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-02
51-04-02. Application for license
Status: in_force

51-04-02. Application for license

Any transient merchant desiring to engage in, do, or transact business by auction or

otherwise, in any county in this state, shall file an application for a license for that purpose with

the attorney general as provided in section 51-04-07, which must be in writing and include the

following:

1. Applicant's name, present residence, present home address, present business

address, and current telephone numbers.

2. Applicant's residence and business address for the prior two-year period, if different

from the present residence and address.

3. Type of business in which applicant has been engaged in the previous two years.

4. Proposed location of the business to be licensed.

5. Kind of business to be conducted.

6. Length of time desired or estimated for completion of sale in the state.

7. Name and address of the auctioneer, if any, who will conduct the sale.

8. An itemized list of merchandise to be offered for sale reciting as to each item a

description thereof including serial number, if any, the owner's actual cost thereof, and

a designation by number corresponding with a number to be affixed to each item by a

tag which must be kept fastened to the item at all times until sold.
N.D. Cent. Code § 51-10-05.3 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-05.3
51-10-05.3. Failure to display information or obey subpoena
Status: in_force

51-10-05.3. Failure to display 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 file in the district court a petition for an order

directing the person to file the required statement or report or to obey the subpoena. The order

may be granted by the district court after notice and hearing.
N.D. Cent. Code § 51-19-01 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-01
51-19-01. Short title
Status: in_force

51-19-01. Short title

This chapter must be known and may be cited as the Franchise Investment Law.
N.D. Cent. Code § 51-16.1-01 — ND Code / Title 51 / Chapter 51-16.1 / Section 51-16.1-01
51-16.1-01. Definitions
Status: in_force

51-16.1-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Compensation" includes a payment based on a sale or distribution made to a person

who either is a participant in a pyramid promotional scheme or has the right to become

a participant upon payment.

2. "Consideration" means the payment of cash or the purchase of goods, services, or

intangible property but does not include:

a. The purchase of goods or services furnished at cost to be used in making sales

and not for resale; or

b. Time and effort spent in pursuit of sales or recruiting activities.

3. "Pyramid promotional scheme" means any plan or operation by which a participant

gives consideration for the opportunity to receive compensation which is derived

primarily from any person's introduction of other persons into participation in the plan

or operation rather than from the sale of goods, services, or intangible property by the

participant or other persons introduced into the plan or operation.
N.D. Cent. Code § 51-14.1-02 — ND Code / Title 51 / Chapter 51-14.1 / Section 51-14.1-02
51-14.1-02. Liability of cardholder
Status: in_force

51-14.1-02. Liability of cardholder

A provision imposing liability on a cardholder for the unauthorized use of a credit card is

effective only if the card is an accepted credit card, the liability imposed is not in excess of one

hundred dollars, the card issuer gives adequate notice to the cardholder of the potential liability,

and the unauthorized use occurs before the cardholder has notified the card issuer of the loss or

theft of the card or of any unauthorized use.

Except as hereinbefore provided, a cardholder incurs no liability from the unauthorized use

of either an accepted or an unaccepted credit card.
N.D. Cent. Code § 51-34-02 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-02
51-34-02. Unauthorized or fraudulent procurement, sale, or receipt of telephone records prohibited - Criminal penalties - Restitution
Status: in_force

51-34-02. Unauthorized or fraudulent procurement, sale, or receipt of telephone

records prohibited - Criminal penalties - Restitution.

1. A person may not:

a. Procure, attempt to procure, solicit, or conspire with another to procure, a

telephone record of any resident of this state without the authorization of the

customer or by fraudulent, deceptive, or false means;

b. Sell, or attempt to sell, a telephone record of any resident of this state without the

customer's authorization; or

c. Receive a telephone record of any resident of this state when such record has

been obtained without the customer's authorization or by fraudulent, deceptive, or

false means.

2. Any person who knowingly violates this section is guilty of a class C felony.

3. In addition to any other punishment, a person found guilty of an offense under this

section shall make restitution for any financial loss sustained by the customer or any

other person who suffered financial loss as the direct result of the offense.
N.D. Cent. Code § 51-09-05 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-05
51-09-05. Duty of attorney general to bring action to prevent corporation or limited liability company from doing business if the charter or permit canceled
Status: in_force

51-09-05. Duty of attorney general to bring action to prevent corporation or limited

liability company from doing business if the charter or permit canceled.

If any domestic corporation or limited liability company the charter of which has been

canceled, or any foreign corporation or limited liability company the permit of which has been

revoked, shall continue or attempt to do business in this state, the attorney general, by

appropriate action, shall prevent such corporation or limited liability company from doing any

and all business of any kind or character within this state.
N.D. Cent. Code § 51-28-05 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-05
51-28-05. Time of day limit
Status: in_force

51-28-05. Time of day limit

A caller may not use an automatic dialing-announcing device nor make any telephone

solicitation before eight a.m. or after nine p.m. at the telephone subscriber's location.
N.D. Cent. Code § 51-09-03 — ND Code / Title 51 / Chapter 51-09 / Section 51-09-03
51-09-03. Contracts made in violation of chapter are void
Status: in_force

51-09-03. Contracts made in violation of chapter are void

All contracts or agreements made in violation of any of the provisions of this chapter are

void.
N.D. Cent. Code § 51-28-06 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-06
51-28-06. Prohibited telephone solicitations
Status: in_force

51-28-06. Prohibited telephone solicitations

A caller may not make or cause to be made any telephone solicitation to the telephone line

of any subscriber in this state who, for at least thirty-one days before the date the call is made,

has been on the do-not-call list established and maintained or used by the attorney general

under section 51-28-09 or the national do-not-call registry established and maintained by the

federal trade commission under title 16, Code of Federal Regulations, part 310.
N.D. Cent. Code § 51-08.1-07 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-07
51-08.1-07. Civil penalty and injunctive enforcement by state
Status: in_force

51-08.1-07. Civil penalty and injunctive enforcement by state

The attorney general, or a state's attorney with the permission or at the request of the

attorney general, may bring an action for appropriate injunctive relief, equitable relief, including

disgorgement, and civil penalties in the name of the state for a violation of this chapter. The trier

of fact may assess for the benefit of the state a civil penalty of not more than one hundred

thousand dollars for each violation of this chapter.
N.D. Cent. Code § 51-08.1-02 — ND Code / Title 51 / Chapter 51-08.1 / Section 51-08.1-02
51-08.1-02. Contract, combination, or conspiracy to restrain or monopolize trade
Status: in_force

51-08.1-02. Contract, combination, or conspiracy to restrain or monopolize trade

A contract, combination, or conspiracy between two or more persons in restraint of, or to

monopolize, trade or commerce in a relevant market is unlawful.
N.D. Cent. Code § 51-15-03 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-03
51-15-03. Advertising media excluded
Status: in_force

51-15-03. Advertising media excluded

Nothing herein contained applies to the owner or publisher of newspapers, magazines,

publication of printed matter wherein such advertisement appears, or to the owner or operator of

a radio or television station which disseminates such advertisement when the owner, publisher,

or operator has no knowledge of the intent, design, or purpose of the advertiser.
N.D. Cent. Code § 51-28-10 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-10
51-28-10. Release of information
Status: in_force

51-28-10. Release of information

Information contained in the list established under section 51-28-09 may not be used for

any purposes except compliance with this chapter or in a proceeding or action under this

chapter or chapter 51-15. The information contained in the list is an exempt record as defined in

section 44-04-17.1.
N.D. Cent. Code § 51-18-06 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-06
51-18-06. Time limitation - Disposition of goods
Status: in_force

51-18-06. Time limitation - Disposition of goods

1. Except as provided in this section, within ten days after a personal solicitation sale has

been canceled, the seller shall tender to the buyer any payments made by the buyer

and any note or other evidence of indebtedness and shall take any action necessary to

promptly terminate any security interest created in the transaction.

2. If the downpayment includes goods traded in, the goods must be tendered in

substantially as good condition as when received. If the seller fails to tender the goods

as provided by this section, the buyer may elect to recover an amount equal to the

trade-in allowance stated in the agreement.

3. The buyer may retain possession of goods delivered to the buyer by the seller and has

a lien on the goods for any recovery to which the buyer is entitled until the seller has

complied with the obligations imposed by this section.
N.D. Cent. Code § 51-18-08.1 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-08.1
51-18-08.1. Waiver
Status: in_force

51-18-08.1. Waiver

Any waiver of this chapter is unenforceable and void.
N.D. Cent. Code § 51-26-02 — ND Code / Title 51 / Chapter 51-26 / Section 51-26-02
51-26-02. Law applicable to breach of new farm machinery warranties - Report of nonconformity required - Repairs - Duty of manufacturer or agent
Status: in_force

51-26-02. Law applicable to breach of new farm machinery warranties - Report of

nonconformity required - Repairs - Duty of manufacturer or agent.

Notwithstanding any other provision of law, a sale of new farm machinery is governed by

this chapter. For the purposes of this chapter, if new farm machinery does not conform to all

applicable express warranties and the consumer reports the nonconformity to the manufacturer

or its agent during the term of the express warranties or during the period of one year following

the date of original delivery of the new farm machinery to the consumer, whichever period

expires earlier, the manufacturer or its agent shall make any necessary repairs to conform the

new machinery to the express warranties, notwithstanding the fact that the repairs are made

after the expiration of the term or the one-year period.
N.D. Cent. Code § 51-07-17 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-17
51-07-17. Duty of manufacturer to repair defective passenger motor vehicles
Status: in_force

51-07-17. Duty of manufacturer to repair defective passenger motor vehicles

If a new passenger motor vehicle does not conform to all applicable express warranties,

and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized

dealer during the term of the express warranties or during the period of one year following the

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

date, the manufacturer, its agent, or its authorized dealer shall make the repairs necessary to

conform the passenger motor vehicle to the express warranties, notwithstanding the fact that

the repairs might be made after the expiration of the warranty or one-year period.
N.D. Cent. Code § 51-04-07 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-07
51-04-07. Service of process - Appointment of agent
Status: in_force

51-04-07. Service of process - Appointment of agent

1. A transient merchant may not engage in any temporary business, or be licensed by

any city, without first having complied with this section.

2. Prior to the issuance of a transient merchant license and approval of the transient

merchant's bond, the applicant shall in writing appoint the attorney general as the

applicant's agent to accept service of process in any action or proceeding involving the

applicant and arising out of the sale for which the license is sought.

3. Each transient merchant required by the attorney general to do so shall appoint an

agent in this state who is a resident of this state. The agent shall accept service of

process on behalf of the transient merchant in any suit filed against the transient

merchant and the agent is responsible for processing any warranty, claim, or

merchandise sold by the transient merchant.

4. The name and street address of the agent must be filed with the attorney general's

office. In addition, the name and address of the agent must be furnished in writing to

each person purchasing an item from the transient merchant along with a written

statement that the agent is the proper person to accept service of process in any suit

filed against the vendor and is the proper person to process any warranty claim.
N.D. Cent. Code § 51-30-03 — ND Code / Title 51 / Chapter 51-30 / Section 51-30-03
51-30-03. Notice to owner or licensee of personal information
Status: in_force

51-30-03. Notice to owner or licensee of personal information

Any person that maintains computerized data that includes personal information that the

person does not own shall notify the owner or licensee of the information of the breach of the

security of the data immediately following the discovery, if the personal information was, or is

reasonably believed to have been, acquired by an unauthorized person.
N.D. Cent. Code § 51-16.1-04 — ND Code / Title 51 / Chapter 51-16.1 / Section 51-16.1-04
51-16.1-04. Penalty - Civil remedies
Status: in_force

51-16.1-04. Penalty - Civil remedies

Any person, including the officers and directors of any company, violating any of the

provisions of this chapter is:

1. Guilty of a class A misdemeanor, but a person who has been previously convicted of a

class A misdemeanor under this chapter may be charged with and convicted of a class

C felony for any violation which occurs after the previous conviction;

2. Deemed to have committed an unlawful practice in violation of section 51-15-02 and

subject to all provisions, procedures, and penalties of chapter 51-15; and

3. Notwithstanding any agreement to the contrary, subject to the right of any purchaser in

a pyramid promotional scheme or referral selling scheme to declare the sale or

contract void and also subject to an action in a court of competent jurisdiction by any

purchaser to recover three times the damages sustained by the purchaser in

participating in the scheme, plus reasonable attorney's fees and costs.
N.D. Cent. Code § 51-27-01 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-01
51-27-01. Definitions (Contingent expiration date - See note)
Status: in_force

51-27-01. Definitions. (Contingent expiration date - See note)

In this chapter, unless the context otherwise requires:

1. "Assist the transmission" means actions taken by a person to provide substantial

assistance or support that enables any person to formulate, compose, send, originate,

initiate, or transmit a commercial electronic mail message when 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 practice

that violates chapter 51-15.

2. "Commercial electronic mail message" means an electronic mail message sent to

promote real property, goods, or services for sale or lease. The term does not mean an

electronic mail message to which an interactive computer service provider has

attached an advertisement in exchange for free use of an electronic mail account if the

sender has agreed to such an arrangement.

3. "Electronic mail address" means a destination, commonly expressed as a string of

characters, to which electronic mail may be sent or delivered.

4. "Identifying information" means any information that can be used to access an

individual's financial account or to obtain goods and services, including an individual's

address, birth date, social security number, driver's license number, nondriver

governmental identification number, telephone number, bank account number, student

identification, credit or debit card number, personal identification number, unique

biometric data, employee or payroll number, automated or electronic signature,

computer image, photograph, screen name, or password. The term does not include

information that is lawfully obtained from publicly available sources or from federal,

state, or local government records lawfully made available to the general public.

5. "Initiate the transmission" refers to the action by the original sender of an electronic

mail message, not to the action by any intervening interactive computer service that

may handle or retransmit the message, unless the intervening interactive computer

service assists in the transmission of an electronic mail message when the interactive

computer service knows, or consciously avoids knowing, that the person initiating the

transmission is engaged, or intends to engage, in any act or practice that violates

6. "Interactive computer service" means any information service, system, or access

software provider that provides or enables computer access by multiple users to a

computer server, including a service or system that provides access to the internet and

systems operated or services offered by libraries and educational institutions.

7. "Internet domain name" refers to a globally unique, hierarchical reference to an

internet host or service, assigned through centralized internet naming authorities,

comprising a series of character strings separated by periods, with the right-most

string specifying the top of the hierarchy.

8. "Web page" means a location that has a single uniform resource locator with respect

to the world wide web or another location that can be accessed on the internet.
N.D. Cent. Code § 51-07-02 — ND Code / Title 51 / Chapter 51-07 / Section 51-07-02
51-07-02. Prices of implements, machinery, automobiles, and parts - How determined
Status: repealed

51-07-02. Prices of implements, machinery, automobiles, and parts - How determined

Repealed by S.L. 2003, ch. 435, § 4.
N.D. Cent. Code § 51-12-10 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-10
51-12-10. Real estate
Status: in_force

51-12-10. Real estate

It is unlawful for any person to make or disseminate any statement or assertion of fact in a

newspaper, circular, form letter, or other publication published or circulated in any language in

this state, concerning the extent, location, ownership, title, or other characteristic, quality, or

attribute of any real estate located in this state or elsewhere, which is known to the person to be

untrue and which is made or disseminated with the intention of misleading.

Nothing in this section may be construed to hold the publisher of any newspaper, or any job

printer, liable for any publication herein referred to unless the publisher or printer has an interest

either as owner or agent, in the real estate so advertised.
N.D. Cent. Code § 51-15-07 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-07
51-15-07. Remedies - Injunction - Other relief - Receiver - Cease and desist orders - Civil penalties - Costs recoverable in adjudicative proceedings
Status: in_force

51-15-07. Remedies - Injunction - Other relief - Receiver - Cease and desist orders -

Civil penalties - Costs recoverable in adjudicative proceedings.

Whenever 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, 51-13, 51-14, 51-16.1, or 51-18, the attorney general may seek and obtain in an

action in a district court an injunction prohibiting that person from continuing the unlawful

practice or engaging in the unlawful practice or doing any act in furtherance of the unlawful

practice after appropriate notice to that person. The notice must state generally the relief sought

and be served at least ten days before the hearing of the action. The court may make an order

or judgment as may be necessary to prevent the use or employment by a person of any

unlawful practices, or which may be necessary to restore to any person in interest any money,

or property that may have been acquired by means of any practice in this chapter, or in other

provisions of law, including chapter 50-22, 51-13, 51-14, 51-16.1, or 51-18, declared to be

unlawful, including the appointment of a receiver.

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

practice declared to be unlawful by this chapter, or by other provisions of law, including chapter

50-22, 51-13, 51-14, 51-16.1, or 51-18, and that the person is about to conceal assets or

oneself or leave the state, the attorney general may apply to the district court, ex parte, for an

order appointing a receiver of the assets of that person. Upon a showing made by affidavit or

other evidence that the person has engaged in, or is engaging in, a practice declared to be

unlawful by this chapter and that the person is about to conceal assets or oneself or leave the

state, the court shall order the appointment of a receiver to receive the assets of the person.

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

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 by an order of the attorney general issued

under this chapter, the attorney general, without notice and hearing, may issue any cease and

desist order, which the attorney general deems necessary or appropriate in the public interest,

including if a person fails or refuses to file a statement or report, or to obey a subpoena issued

by the attorney general 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. In addition to any other remedy authorized by

this chapter, or by other provisions of law, including chapter 50-22, 51-12, 51-13, 51-14,

51-16.1, or 51-18, the attorney general may impose by order and collect a civil penalty against a

person found in an adjudicative proceeding to have violated a cease and desist order issued

pursuant to this section, in an amount not more than one thousand dollars for each violation.

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

A person aggrieved by an order issued under this section may request a hearing before the

attorney general if a written request is made within ten days after the receipt of the order. An

adjudicative proceeding under this section must be conducted in accordance with chapter

28-32, unless otherwise specifically provided herein. If the attorney general prevails in an

adjudicative proceeding pursuant to this section, the attorney general may assess the

nonprevailing person for all adjudicative proceeding and hearing costs, including reasonable

attorney's fees, investigation fees, costs, and expenses of any investigation and action.
N.D. Cent. Code § 51-37-05 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-05
51-37-05. Enforcement - Powers - Remedies - Penalty
Status: in_force

51-37-05. Enforcement - Powers - Remedies - Penalty

The attorney general may enforce this chapter. The attorney general, in enforcing this

chapter, has the powers provided in chapter 51-15 and may seek the remedies in chapter
N.D. Cent. Code § 51-20.1-03 — ND Code / Title 51 / Chapter 51-20.1 / Section 51-20.1-03
51-20.1-03. Termination of contractual arrangements to be done with good cause - Good cause defined
Status: in_force

51-20.1-03. Termination of contractual arrangements to be done with good cause -

Good cause defined.

1. Any distributor of heavy construction equipment, repair parts, or both, who enters into

a written contract with any retail dealer in heavy construction equipment, repair parts,

or both, in which the retail dealer agrees to maintain a stock of heavy construction

equipment, repair parts, or both, may not terminate, cancel, or fail to renew the

contract without good cause.

2. As used in this section, "good cause" means that the retail dealer has failed to comply

with the requirements imposed upon the retail dealer by the terms of the written

contract between the retail dealer and the distributor. The determination by the

distributor that the distributor has good cause for termination, cancellation, or

nonrenewal must be made in good faith.

3. In any civil action against a distributor for violating this section, the distributor must

establish that the contract termination, cancellation, or nonrenewal was made in good

faith for good cause. If the distributor fails to establish good cause for its termination,

cancellation, or nonrenewal action, the distributor is liable for all special and general

damages sustained by the retail dealer, including, but not limited to, the costs of the

litigation and reasonable attorney's fees for prosecuting the civil action. In addition, the

retail dealer, where appropriate, is entitled to injunctive relief. The provisions of this

section apply to contracts in effect on July 1, 1981, which have no expiration date and

are continuing contracts, and to all other contracts entered into, amended, or renewed

after June 30, 1981. This section does not apply to contracts in force and effect on

June 30, 1981, which by their terms will terminate on a date subsequent to June 30,

1981. Those contracts are governed by the law as it existed prior to July 1, 1981.
N.D. Cent. Code § 51-28-03 — ND Code / Title 51 / Chapter 51-28 / Section 51-28-03
51-28-03. Message requirements
Status: in_force

51-28-03. Message requirements

When the message is immediately preceded by a live operator, the operator must disclose

at the outset of the message:

1. The name of the business, firm, organization, association, partnership, or entity for

which the message is being made;

2. The purpose of the message;

3. The identity or kinds of goods or services the message is promoting; and

4. If applicable, the fact that the message intends to solicit payment or commitment of

funds.
N.D. Cent. Code § 51-23-14 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-14
51-23-14. Criminal penalties
Status: in_force

51-23-14. Criminal penalties

1. Any person who willfully violates any provision of this chapter, or any rule or order of

the commissioner under this chapter, is guilty of a class B felony.

2. Any person convicted of violating a rule or order under this chapter may be fined, but

may not be imprisoned, if the person proves the person had no knowledge of the rule

or order.
N.D. Cent. Code § 51-10-02 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-02
51-10-02. Items advertised, offered for sale, or sold with other items at a combined price - Regulations governing
Status: in_force

51-10-02. Items advertised, offered for sale, or sold with other items at a combined

price - Regulations governing.

When one or more items are advertised, offered for sale, or sold with one or more other

items at a combined price, or are advertised, offered as a gift, or given with the sale of one or

more items, each and all of said items, for the purpose of this chapter, must be deemed to be

advertised, offered for sale, or sold, and the price of each item named must be governed by the

provisions of subsection 1 or 2 of section 51-10-01, respectively.
N.D. Cent. Code § 51-19-12 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-12
51-19-12. Civil liability
Status: in_force

51-19-12. Civil liability

1. Any person who violates any provision of this chapter or any rule or order issued by

the commissioner thereunder is liable to the franchisee or subfranchisor who may

bring an action for damages, for rescission, or for such other relief as the court may

deem appropriate.

2. Every person who directly or indirectly controls a person liable under subsection 1,

every partner in a firm so liable, every principal executive officer or director of a

corporation so liable, every president or governor of a limited liability company so

liable, every person occupying a similar status or performing similar functions, and

every employee of a person so liable who materially aids in the act or transaction

constituting the violation is also liable jointly and severally with and to the same extent

as such person, unless the other person who is so liable had no knowledge of or

reasonable grounds to believe in the existence of the facts by reason of which the

liability is alleged to exist.

3. In any action under this section, the franchisee or subfranchisor, if successful, is also

entitled to costs and disbursements plus reasonable attorney's fees.

4. No franchisee or subfranchisor may file or maintain an action under this section if the

person received a written offer before the action was commenced and at a time when

the person owned the franchise to refund the consideration paid together with interest

at the rate of seven percent per annum from the date of purchase, less the amount of

income received on the franchise, conditioned only upon tender by the franchisee or

subfranchisor of all items received by the person for the consideration and not sold,

and failed to accept the offer within thirty days of its receipt or if the franchisee

received the offer before the action was commenced and at a time when the person

did not own the franchise, unless the person rejected the offer in writing within thirty

days of its receipt; provided, that in either instance the offering documents and

rescission prospectus must be submitted to the commissioner for approval at least

fifteen days prior to submission to the franchisee or subfranchisor. The rescission offer

must recite the provisions of this section. If the franchise involves a substantial building

or substantial equipment and a significant period of time has elapsed since the sale of

the franchise, the commissioner, in approving a rescission offer, may approve an

equitable offer recognizing depreciation, amortization, and other factors which bear

upon the value of the franchise being returned to the franchisor.

5. No action may be brought under this section after five years from the date that the

aggrieved party knew or reasonably should have known about the facts that are the

basis for the alleged violation. This subsection does not apply to any action under

sections 51-19-09 and 51-19-11.

6. Except as explicitly provided in this section, no civil liability in favor of any private party

may arise against any person by implication from or as a result of the violation of any

provision of this chapter or any rule or order issued by the commissioner thereunder.

Nothing herein limits any liability which may exist by virtue of any other statute or

under common law if this chapter were not in effect.
N.D. Cent. Code § 51-10-01 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-01
51-10-01. Definitions
Status: in_force

51-10-01. Definitions

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

1. "Cost" means the actual invoice cost of the merchandise or the replacement cost of

the merchandise, whichever is the lower, less all trade discounts, advertising

allowances, including customary discounts for cash, to which must be added

transportation, including cartage cost, not otherwise included in the invoice cost or the

replacement cost of the merchandise. If a manufacturer publishes a list price, proof of

such list price, less all discounts, is prima facie evidence of "cost".

2. "Replacement cost" means the cost per unit at which the merchandise sold or offered

for sale could have been bought by the seller at any time prior to the date of sale or

the date upon which it is offered for sale by the seller.

3. "Retailers" means and includes every person, partnership, corporation, limited liability

company, or association engaged in the business of making sales at retail within this

state. In the case of a person, partnership, corporation, limited liability company, or

association engaged in the business of making sales at retail and sales at wholesale,

such term must be applied only to the retail portion of such business.

4. "Sell at retail", "sales at retail", and "retail sale" mean and include any transfer for a

valuable consideration, made in the ordinary course of trade or in the usual

prosecution of the seller's business, of title to tangible personal property to the

purchaser for consumption or use other than resale or further processing or

manufacturing, except that sales to contractors or subcontractors engaged in any type

of building operation or the repair of buildings or other improvements upon real estate

must be deemed sales for consumption and not for further processing or

manufacturing. The terms include any transfer of such property when title is retained

by the seller as security for the payment of the purchase price.

5. "Sell at wholesale", "sales at wholesale", and "wholesale sales" mean and include any

transfer for a valuable consideration made in the ordinary course of trade or the usual

conduct of the seller's business, of title to tangible personal property to the purchaser

for purposes of resale or further processing or manufacturing, except that sales to

contractors engaged in any type of building operation or the repair of buildings or other

improvements upon real estate, regardless of further processing or manufacturing of

the material sold, must be deemed retail sales and not wholesale sales. The terms

include any transfer of such property when title is retained by the seller as security for

the payment of the purchase price.

6. "Wholesaler" means and includes every person, partnership, corporation, limited

liability company, or association engaged in the business of making sales at wholesale

within this state. In the case of a person, partnership, corporation, limited liability

company, or association engaged in the business of making both sales at wholesale

and sales at retail, such terms must be applied only to the wholesale portion of such

business.
N.D. Cent. Code § 51-05.1-07 — ND Code / Title 51 / Chapter 51-05.1 / Section 51-05.1-07
51-05.1-07. Penalty
Status: in_force

51-05.1-07. Penalty

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 51-27-08 — ND Code / Title 51 / Chapter 51-27 / Section 51-27-08
51-27-08. Nonexclusive causes of action, remedies, and penalties (Contingent expiration date - See note)
Status: in_force

51-27-08. Nonexclusive causes of action, remedies, and penalties. (Contingent

expiration date - See note)

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 § 51-12-04 — ND Code / Title 51 / Chapter 51-12 / Section 51-12-04
51-12-04. Prohibiting use of certain federal and related names in sales of merchandise
Status: repealed

51-12-04. Prohibiting use of certain federal and related names in sales of

merchandise.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 51-19-09 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-09
51-19-09. Denial, suspension, or revocation of registration or exemption
Status: in_force

51-19-09. Denial, suspension, or revocation of registration or exemption

1. The commissioner may summarily issue a stop order denying the effectiveness of any

registration or of any exemption under section 51-19-05 if the commissioner finds:

a. That there has been a failure to comply with any of the provisions of this chapter

or the rules of the commissioner pertaining thereto.

b. That the offer, sale, or purchase of the franchise would constitute

misrepresentation to or deceit or fraud upon purchasers thereof or has worked or

tended to work a fraud upon purchasers or would so operate.

c. That any person is engaging or about to engage in false, fraudulent, or deceptive

practices in connection with the offer, sale, or purchase of a franchise.

d. That any person identified in an application for registration has been charged with

or convicted of a felony or a civil action or proceeding is then pending against the

person or the person is subject to an order or has had a civil judgment entered

against the person as described in subsection 5 of section 51-19-06 and the

involvement of such person in the sale of franchises or the business of the

franchisor creates a substantial risk to prospective franchisees.

e. That the applicant or registrant has failed to pay the proper filing fee, but the

commissioner may enter only a denial order under this subdivision and shall

vacate any such order when the deficiency has been corrected.

f. That advertising prohibited by section 51-19-10 has been used in connection with

the offer, sale, or purchase of franchises.

g. That the financial condition of the franchisor adversely affects or would adversely

affect the ability of the franchisor to fulfill obligations under the franchise

agreement.

h. That the franchisor's enterprise or method of business includes or would include

activities which are illegal where performed.

i. That the method of sale or proposed method of sale of franchises or the

operation of the business of the franchisor or any term or condition of the

franchise agreement or any practice of the franchisor is or would be unfair, unjust,

or inequitable to franchisees.

2. a. The commissioner may issue a summary order denying, postponing, suspending,

or revoking the effectiveness of the registration pending final determination of any

proceeding under this subsection. Upon the entry of an order, the commissioner

shall promptly notify each person specified in subdivision b that it has been

entered and the reasons therefor and that within fifteen days after 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 and opportunity for hearing to each person

specified in subdivision b, may modify or vacate the order or extend it until final

determination.

b. No stop order may be entered under this section, except under subdivision a,

without appropriate prior notice to the applicant or registrant and the person on

whose behalf the franchise is to be or has been offered, opportunity for hearing,

and written findings of fact and conclusions of law.

c. The commissioner may vacate or modify an order entered under section

51-19-05 or this section if the commissioner finds that the conditions which

prompted its entry have changed or that it is otherwise in the public interest to do

so.

d. If a hearing is requested or ordered under this section, it must be conducted in

accordance with chapter 28-32.

3. No action may be brought under this section by the commissioner after ten years from

the date of the alleged violation.
N.D. Cent. Code § 51-13-04 — ND Code / Title 51 / Chapter 51-13 / Section 51-13-04
51-13-04. Cancellation of contract
Status: in_force

51-13-04. Cancellation of contract

After the payment of all sums for which the buyer is obligated under a retail installment

contract, and upon written demand made by the buyer, the holder of such contract shall mail to

the buyer at the buyer's last-known address, good and sufficient instruments to indicate

payment in full and to release all security in the personal property.
N.D. Cent. Code § 51-23-11 — ND Code / Title 51 / Chapter 51-23 / Section 51-23-11
51-23-11. Investigations
Status: in_force

51-23-11. Investigations

1. The commissioner may make investigations, within or without this state, as the

commissioner finds necessary or appropriate to:

a. Determine whether any person has violated, or is about to violate, any provision

of this chapter or any rule or order of the commissioner.

b. Aid in enforcement of this chapter.

2. The commissioner may publish information concerning any violation of this chapter or

any rule or order of the commissioner.

3. For purposes of any investigation or proceeding under this chapter, the commissioner

or any officer or employee designated by rule or order, may administer oaths and

affirmations, subpoena witnesses, compel their attendance, take evidence, and require

the production of any books, papers, correspondence, memoranda, agreements, or

other documents or records which the commissioner finds to be relevant or material to

the inquiry.

4. a. If a person does not give testimony or produce the documents required by the

commissioner or a designated employee pursuant to an administrative subpoena,

the commissioner or designated employee may apply for a court order compelling

compliance with the subpoena or the giving of the required testimony.

b. The request for order of compliance may be addressed to either:

(1) The district court of Burleigh County, North Dakota, or the district court of

any county in this state, where service may be obtained on the person

refusing to testify or produce, if the person is within this state; or

(2) The appropriate court of the state having jurisdiction over the person

refusing to testify or produce, if the person is outside this state.
N.D. Cent. Code § 51-19-15 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-15
51-19-15. Service of process
Status: in_force

51-19-15. Service of process

1. Every applicant for registration of an offer to sell franchises under this chapter, other

than a domestic corporation or limited liability company, shall file with the

commissioner in such form as the commissioner prescribes an irrevocable consent

appointing the commissioner or commissioner's successor in office to be the

applicant's attorney to receive service of any lawful process in any noncriminal suit,

action, or proceeding against the applicant or applicant's successor, executor, or

administrator, which arises under this chapter or any rule or order hereunder after the

consent has been filed with the same force and validity as if served personally on the

person filing the consent. A person who has filed such a consent in connection with a

previous registration under this chapter need not file another. Service may be made by

leaving a copy of the process in the office of the commissioner but it is not effective

unless the plaintiff, who may be the commissioner in a suit, action, or proceeding

instituted by the commissioner, forthwith sends notice of the service and a copy of the

process by registered or certified mail to the defendant or respondent at the

defendant's or respondent's last address on file with the commissioner and the

plaintiff's affidavit of compliance with this section is filed in the case on or before the

return day of the process, if any, or within such further time as the court allows.

2. When any person, including any nonresident of this state, engages in conduct

prohibited or made actionable by this chapter or any rule or order hereunder, whether

or not the person has filed a consent to service of process under subsection 1 and

personal jurisdiction over the person cannot otherwise be obtained in this state, that

conduct must be considered equivalent to the person's appointment of the

commissioner or commissioner's successor in office to be the person's attorney to

receive service of any lawful process in any noncriminal suit, action, or proceeding

against the person or the person's successor, executor, or administrator which grows

out of that conduct and which is brought under this chapter or any rule or order

hereunder with the same force and validity as if served on the person personally.

Service may be made by leaving a copy of the process in the office of the

commissioner, but it is not effective until the plaintiff, who may be the commissioner in

a suit, action, or proceeding instituted by the commissioner, forthwith sends notice of

the service and a copy of the process by registered or certified mail to the defendant or

respondent at the defendant's or respondent's last-known address or takes other steps

which are reasonably calculated to give actual notice and the plaintiff's affidavit of

compliance with this section is filed in the case on or before the return day of the

process, if any, and within such further time as the court allows.
N.D. Cent. Code § 51-04-03.1 — ND Code / Title 51 / Chapter 51-04 / Section 51-04-03.1
51-04-03.1. License to be carried by licensee and exhibited on demand
Status: in_force

51-04-03.1. License to be carried by licensee and exhibited on demand

Every transient merchant licensed under this chapter shall have the license in immediate

possession at all times when engaging in or transacting any business regulated by this chapter.

The licensee shall display the license when requested to do so by any court, law enforcement

official, peace officer, or consumer. However, a person charged with violating this requirement

may not be convicted, fined, or assessed the administration fee if the license is produced in

court or to the arresting officer and if the license was valid at the time of the arrest.
N.D. Cent. Code § 51-34-04 — ND Code / Title 51 / Chapter 51-34 / Section 51-34-04
51-34-04. Nonapplicability to valid legal process and law enforcement
Status: in_force

51-34-04. Nonapplicability to valid legal process and law enforcement

1. This chapter does not apply to any person acting pursuant to a valid court order,

warrant, or subpoena, a subpoena by the attorney general pursuant to this chapter or

chapter 51-15, or other valid legal process.

2. This chapter does not prevent any action by a law enforcement agency, or any officer,

employee, or agent of such agency, to obtain telephone records in connection with the

performance of the official duties of the agency as authorized by law.
N.D. Cent. Code § 51-19-07 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-07
51-19-07. Provisions applicable to registration generally
Status: in_force

51-19-07. Provisions applicable to registration generally

1. Applications for registration, registration renewal statements, and amendments thereto

must be signed and notarized by the franchisor or by the subfranchisor.

2. If the commissioner finds that it is necessary and appropriate for the protection of

prospective franchisees or subfranchisors because the applicant has failed to

demonstrate that adequate financial arrangements have been made to fulfill the

franchisor's obligations to provide real estate, improvements, equipment, inventory,

training, or other items included in the offering, the commissioner may by rule or order

require the escrow or impoundment of franchise fees and other funds paid by the

franchisee or subfranchisor until such obligations have been satisfied. The franchisor

may, at the franchisor's option, furnish an adequate surety bond as provided by rule of

the commissioner.

3. The commissioner shall have power to place such conditions, limitations, and

restrictions on any registration as may be necessary to carry out the purposes of this

chapter.

4. a. If no stop order under section 51-19-09 is in effect under this chapter, registration

of the offer of franchises becomes effective after the filing of the application for

registration or the last amendment thereto and upon entry by the commissioner

into the register of franchises.

b. A franchise offering must be deemed duly registered for a period of one year from

the effective date of the registration, unless the commissioner by order or rule

specifies a different period.

5. a. The registration may be renewed for additional periods of one year each, unless

the commissioner by rule or order specifies a different period, by submitting to the

commissioner a registration renewal statement no later than fifteen business days

prior to the expiration of the registration unless such period is waived by order of

the commissioner. If no stop order or other order under section 51-19-09 is in

effect under this chapter, registration of the offer of the franchises becomes

renewed upon entry by the commissioner into the register of franchises.

b. The registration renewal statement must be in the form prescribed by the

commissioner and must be accompanied by a proposed prospectus. Each such

registration renewal statement must be accompanied by the fee prescribed in

section 51-19-17.

6. a. A franchisor shall promptly notify the commissioner in writing, by an application to

amend the registration, of any material change in the information contained in the

application as originally submitted, amended, or renewed. The commissioner may

by rule further define what shall be considered a material change for such

purposes and the circumstances under which a revised prospectus must

accompany such application.

b. An amendment to an application filed after the effective date of the registration of

the sale of franchises, if such amendment is approved by the commissioner,

becomes effective on such date as the commissioner may determine, having due

regard for the public interest and the protection of franchisees.
N.D. Cent. Code § 51-10-08 — ND Code / Title 51 / Chapter 51-10 / Section 51-10-08
51-10-08. No immunity from self-incrimination
Status: in_force

51-10-08. No immunity from self-incrimination

No person subpoenaed or ordered may be excused from attending and testifying or from

producing books, records, correspondence, documents, or other evidence in any civil action or

proceeding instituted or brought, pursuant to the provisions of this chapter, upon the ground that

the testimony or evidence required of that person may tend to incriminate that person or subject

that person to a penalty or forfeiture. No person may be prosecuted or subjected to any penalty

or forfeiture for or on account of any act, transaction, matter, or thing concerning which that

person is compelled, after having claimed the privilege against self-incrimination, to testify or

produce evidence. The provisions of this section do not exempt any person from prosecution or

punishment for perjury.
N.D. Cent. Code § 51-24-03 — ND Code / Title 51 / Chapter 51-24 / Section 51-24-03
51-24-03. Warranty claims
Status: in_force

51-24-03. Warranty claims

1. A consumer may present a warranty claim for an assistive technology device by:

a. Reporting the warranty problem to the manufacturer, the commercial lessor, or

the commercial seller within the life of the express warranty; and

b. Making the assistive technology device reasonably available to the manufacturer,

the commercial lessor, or the commercial seller for repair.

2. If the terms of a warranty are invoked and a warranty claim is made, the assistive

technology device must be repaired at no charge to the consumer, including parts,

labor, shipping, delivery, and all other costs, regardless of whether the repairs are

made after the expiration of the warranty period.

3. The commercial seller or the commercial lessor shall provide the consumer with a

loaner and with reimbursement for transaction costs to the consumer from the repair:

a. If the repair period is expected to be at least ten days; or

b. If the repair period is not expected to be ten days but actually is ten days or more.

4. The costs of any warranty repair, loaner, or transaction costs due the consumer from

the repair are to be borne in the first instance by the commercial seller or commercial

lessor. The commercial seller and the commercial lessor may have rights to

reimbursement or compensation from the manufacturer or other prior parties in the

sales or distribution chain. Those rights of the commercial seller or commercial lessor

are not affected by this chapter.
N.D. Cent. Code § 51-33-11 — ND Code / Title 51 / Chapter 51-33 / Section 51-33-11
51-33-11. Exempt entities
Status: in_force

51-33-11. Exempt entities

The following entities are not required to place a security freeze on a consumer credit file

under this chapter:

1. A check services or fraud prevention services company that issues reports on

incidents of fraud or authorizations for the purpose of approving or processing

negotiable instruments, electronic funds transfers, or similar methods of payments;

and

2. A deposit account information service company that issues reports regarding account

closures due to fraud, substantial overdrafts, ATM abuse, or similar negative

information regarding a consumer, to inquiring banks or other financial institutions for

use only in reviewing a consumer's request for a deposit account at the inquiring bank

or financial institution.
N.D. Cent. Code § 51-37-02 — ND Code / Title 51 / Chapter 51-37 / Section 51-37-02
51-37-02. Use of automatic renewal
Status: in_force

51-37-02. Use of automatic renewal

1. A person that sells or offers to sell merchandise or a service for a specified period

under an agreement containing a provision for automatic renewal shall:

a. Present the terms of the automatic renewal offer in a clear and conspicuous

manner before a subscription or purchasing agreement is fulfilled and in proximity

to the offer;

b. Provide an acknowledgment that includes the terms of the automatic renewal

offer and information regarding how to cancel in a manner which is capable of

being retained by the buyer; and

c. Provide a cost-effective, timely, and simple procedure for cancellation which must

be described in the acknowledgment required by subdivision b.

2. A person that sells or offers to sell merchandise or a service for a specified period

under an agreement that contains a provision for automatic renewal for a period of

more than six months at the end of the time period specified in the agreement shall

provide a clear and conspicuous written notice to the buyer stating the buyer may

cancel the contract and avoid automatic renewal.

a. The written notice must be provided by:

(1) First-class mail;

(2) Electronic mail; or

(3) Any easily accessible form of communication, including text message or a

mobile application, if the consumer specifically authorizes the person to

provide notice in such form.

b. The written notice must include the procedure for canceling and must be given at

least thirty days and not more than sixty days before the date upon which the

agreement will be renewed or the expiration of the period for cancellation.

3. If there is a material change in the terms of an agreement that contains a provision for

automatic renewal, the seller shall provide the buyer with clear and conspicuous notice

of the material change and provide information regarding how to cancel in a manner

which is capable of being retained by the buyer.

4. A person that sells or offers to sell merchandise or a service for a specified period

under an agreement that contains a provision for automatic renewal may not make or

submit any charge to a buyer's credit card, debit card, bank account, account with a

third party, or other financial account, unless the person has complied with the

requirements of subsection 1 and obtained the buyer's affirmative consent to the

agreement containing the terms of the automatic renewal.

5. The renewal period in a provision for automatic renewal of an agreement may not

exceed twelve months.
N.D. Cent. Code § 51-19-17 — ND Code / Title 51 / Chapter 51-19 / Section 51-19-17
51-19-17. Administration
Status: in_force

51-19-17. Administration

1. This chapter must be administered by the commissioner.

2. a. The commissioner shall charge and collect the fees fixed by this section. All fees

and charges collected under this section must be transmitted to the state

treasurer and must be credited to the general fund.

b. The fee for filing an application for registration of the sale of franchises is two

hundred fifty dollars.

c. The fee for filing an application for renewal of an application is one hundred

dollars.

d. The fee for filing an amendment to the application is fifty dollars.

e. The fee for filing a notice of exemption is one hundred dollars.

f. The fee for filing for renewal of a notice of exemption is fifty dollars.

g. The expenses reasonably attributable to the investigation or examination of any

matter arising under this chapter must be charged to the applicant or registrant

involved, but the expenses so charged may not exceed such maximum amounts

as the commissioner by rule prescribes.

3. a. The commissioner may from time to time make, amend, and rescind such rules,

forms, and orders as are necessary to carry out the provisions of this chapter,

including rules and forms governing applications and reports and defining any

terms, whether or not used in this chapter, insofar as the definitions are not

inconsistent with the provisions of this chapter.

b. All rules of the commissioner, other than those relating solely to the internal

administration of the commissioner's office, must be made, amended, or

rescinded in accordance with chapter 28-32.

4. a. All applications, reports, and other papers and documents filed with the

commissioner under this chapter must be open to public inspection, except that

the commissioner may withhold from public inspection any information the

disclosure of which is, in the judgment of the commissioner, not necessary in the

public interest or for the protection of investors. The commissioner may publish

any information filed with the commissioner or obtained by the commissioner, if,

in the judgment of the commissioner, such action is in the public interest. No

provision of this chapter authorizes the commissioner or any of the

commissioner's assistants, clerks, or deputies to disclose any information

withheld from public inspection except among themselves or when necessary or

appropriate in a proceeding or investigation under this chapter or to other federal

or state regulatory agencies. No provision of this chapter either creates or

derogates from any privilege which exists at common law or otherwise when

documentary or other evidence is sought under a subpoena directed to the

commissioner or any of the commissioner's assistants, clerks, or deputies.

b. It is unlawful for the commissioner or any of the commissioner's assistants,

clerks, or deputies to use for personal benefit any information which is filed with

or obtained by the commissioner and which is not then generally available to the

public.

5. A document is filed when it is received by the commissioner.

6. Upon request and at such reasonable charges as the commissioner prescribes by

rule, the commissioner shall furnish to any person photostatic or other copies, certified

under the commissioner's seal of office if requested, of any document which is

retained as a matter of public record except that the commissioner may not charge or

collect any fee for photostatic or other copies of any document furnished to public

officers for use in their official capacity. In any judicial proceeding or prosecution, any

copy so certified is prima facie evidence of the contents of the document certified.
N.D. Cent. Code § 51-18-02 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-02
51-18-02. Cancellation period - Method of cancellation - Intent
Status: in_force

51-18-02. Cancellation period - Method of cancellation - Intent

1. In addition to any right otherwise to revoke an offer, the buyer may cancel a personal

solicitation sale until midnight of the third business day after the day on which the

buyer signs an agreement that complies with this chapter. A buyer sixty-five years of

age or older may cancel a personal solicitation sale of a product with a purchase price

greater than fifty dollars until midnight of the fifteenth business day after the day on

which the buyer enters into an enforceable agreement subject to this chapter or must

be provided a written agreement that meets the requirements of section 51-18-04. In

addition to other requirements of this chapter, the seller shall orally inform the buyer, at

the time the transaction is entered into, of the buyer's right to cancel.

2. Cancellation occurs when the buyer gives written notice of cancellation to the seller at

the address or electronic mail address specified for notice of cancellation provided by

the seller by any of the following methods:

a. Delivering written notice to the seller.

b. Mailing written notice to the seller.

c. Sending an electronic mail message to the seller.

3. Notice of cancellation given by the buyer is effective if it indicates the intention on the

part of the buyer not to be bound by the personal solicitation sale.
N.D. Cent. Code § 51-18-04.2 — ND Code / Title 51 / Chapter 51-18 / Section 51-18-04.2
51-18-04.2. Credit card charges
Status: in_force

51-18-04.2. Credit card charges

A telepromoter, seller, or seller's representative, in a personal solicitation sale, may not

make or submit any charge to the consumer's credit card or bank account, or otherwise solicit or

accept any advance payment, until the telepromoter, seller, or seller's representative has

received from the consumer an original copy of a contract that complies with this section.
N.D. Cent. Code § 51-29-01 — ND Code / Title 51 / Chapter 51-29 / Section 51-29-01
51-29-01. Definition
Status: in_force

51-29-01. Definition

As used in this chapter, "gift certificate" means a record evidencing a promise, made for

monetary consideration, by the seller or issuer of the record that goods or services will be

provided to the owner of the record to the value shown in the record. The term includes a record

that contains a microprocessor chip, magnetic strip, or other means of storage of information

that is prefunded and for which the value is decreased upon each use; a gift card; an electronic

gift card; an online gift account; a stored-value card; a store card; a prepaid telephone card; or a

similar record or card.

The term does not include a general-use prepaid card issued by a prepaid card issuer,

including a plastic card or other electronic payment device that is usable at multiple, unaffiliated

merchants or service providers or at an automatic teller machine, and purchased or loaded on a

prepaid basis; a general-use prepaid card issued by a prepaid card issuer and purchased by a

person that is not an individual; or a debit card linked to a deposit account.
N.D. Cent. Code § 51-15-02.2 — ND Code / Title 51 / Chapter 51-15 / Section 51-15-02.2
51-15-02.2. Solicitation of payment by bill, invoice, or statement of account due
Status: in_force

51-15-02.2. Solicitation of payment by bill, invoice, or statement of account due

It is a deceptive act or practice in violation of this chapter for a person to send, deliver, or

transmit a bill, an invoice, or a statement of account due, or a writing that could reasonably be

interpreted as a bill, an invoice, or a statement of account due, to solicit payment of money by

another person for goods not yet ordered or for services not yet performed and not yet ordered.
N.D. Cent. Code § 51-21-05 — ND Code / Title 51 / Chapter 51-21 / Section 51-21-05
51-21-05. Civil remedy against adult shoplifters or the parent of a minor shoplifter
Status: in_force

51-21-05. Civil remedy against adult shoplifters or the parent of a minor shoplifter

1. An adult who commits the offense of theft from a merchant is civilly liable to the

merchant for the retail value of the merchandise, plus exemplary damages of not more

than two hundred fifty dollars, costs of the civil action, and reasonable attorney's fees.

2. The parent or legal guardian of an unemancipated minor who while living with the

parent or legal guardian commits the offense of theft from a merchant is civilly liable to

the merchant for the retail value of the merchandise, plus exemplary damages of not

more than two hundred fifty dollars, costs of the civil action, and reasonable attorney's

fees. If the merchant knows or reasonably should know that the individual believed to

have committed theft is a minor, the merchant may not request that the individual sign

an admission of theft or other similar declaration unless the minor's parent, guardian,

or attorney is present. An admission in violation of this subsection is not valid and is

inadmissible in a civil or criminal action.

3. A conviction or plea of guilty for the theft is not a prerequisite to the bringing of a civil

action under this section. However, if a criminal theft charge is filed against the

individual, the merchant may not pursue civil damages until completion of the criminal

action.

4. A parent or legal guardian of an unemancipated minor is not civilly liable under this

section if it is determined by the court that one of the principal rationales for the

shoplifting was a desire on the part of the minor to cause the minor's parent or legal

guardian to be liable under this section.
N.D. Cent. Code § 51-31-01 — ND Code / Title 51 / Chapter 51-31 / Section 51-31-01
51-31-01. Definitions
Status: in_force

51-31-01. Definitions

1. "Consumer" means an individual.

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

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

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

evaluating consumer credit information or other information on consumers for the

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

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

consumer reports. The term does not include an agency that compiles and maintains

files on consumers on a nationwide basis, as described in 15 U.S.C. 1681a(p), a

"reseller" as defined in 15 U.S.C. 1681a(u), when engaged in the act of the reselling of

consumer information or other information, or a "nationwide specialty consumer

reporting agency" that maintains "check writing history" as defined in 15 U.S.C.

1681a(w)(3).

4. "File", when used in connection with information on any consumer, means all of the

information on that consumer reported and retained by a consumer reporting agency

regardless of how the information is stored.