piers109uk/MN-Statutes huggingface dataset:
325G.041 MARRIED WOMAN; NAME ON CARD.
If a financial transaction card issuer has determined in the normal course of business that it will issue a card to a married woman, the card shall be issued bearing either her current or former surname, as the woman may direct.
Financial transaction card issuers may require that a married woman requesting a card in a former surname open a new account in that name. Refusal to issue a financial transaction card pursuant to this section constitutes an unfair discriminatory practice under section 363A.16.
325J.01 DEFINITIONS.
As used in this chapter, the following terms have the meanings given them unless the context clearly indicates otherwise.
"Appropriate law enforcement agency" means the attorney general of the state of Minnesota, the sheriff of each county in which a pawnbroker maintains an office, or the police chief of the municipality or law enforcement officers of the municipality in which a pawnbroker maintains an office.
"Municipality" means any town, home rule charter or statutory city, or county that elects to regulate and license pawnbrokers within its jurisdiction pursuant to local ordinance.
(a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
(b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce.
"Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business.
"Pawn transaction" means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
"Person" means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized.
"Pledged goods" means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction.
326.01 DEFINITIONS.
For the purpose of this chapter, the terms defined in this section have the meanings ascribed to them.
MS 2006 [Renumbered 326B.31, subd 9]
MS 2006 [Renumbered 326B.31, subd 8]
[Repealed, 2007 c 140 art 5 s 33; art 13 s 3]
MS 2006 [Renumbered 326B.31, subd 18]
MS 2006 [Renumbered 326B.31, subd 19]
MS 2006 [Renumbered 326B.31, subd 20]
MS 2006 [Renumbered 326B.31, subd 21]
MS 2006 [Renumbered 326B.31, subd 22]
MS 2006 [Renumbered 326B.31, subd 14]
MS 2006 [Renumbered 326B.31, subd 13]
MS 2006 [Renumbered 326B.31, subd 12]
MS 2006 [Renumbered 326B.31, subd 7]
MS 2006 [Renumbered 326B.31, subd 11]
[Repealed, 2003 c 58 s 8]
MS 2006 [Renumbered 326B.31, subd 23]
MS 2006 [Renumbered 326B.31, subd 17]
MS 2006 [Renumbered 326B.31, subd 16]
[Repealed, 2007 c 140 art 13 s 3]
MS 2006 [Renumbered 326B.31, subd 15]
MS 2006 [Renumbered 326B.31, subd 27]
MS 2006 [Renumbered 326B.31, subd 25]
MS 2006 [Renumbered 326B.31, subd 29]
MS 2006 [Renumbered 326B.31, subd 26]
MS 2006 [Renumbered 326B.42, subd 3]
MS 2006 [Renumbered 326B.42, subd 4]
[Repealed, 2007 c 140 art 6 s 16]
[Repealed, 2007 c 140 art 13 s 3]
[Repealed, 2007 c 140 art 13 s 3]
[Repealed, 2007 c 140 art 13 s 3]
[Repealed, 2007 c 140 art 13 s 3]
The term "person" includes an individual, partnership, association, joint stock company, trust, or corporation.
The term "distributor" includes any person who engages, or contracts to engage, in the distribution of motion picture films and is a resident of, or legally authorized to do business in, this state.
The term "exhibitor" includes any person who engages, or contracts to engage, in the exhibition of motion picture films and is a resident of, or legally authorized to do business in, this state.
The term "license" includes the offering, intending or making of a license agreement, contract, or any type of agreement whereby a film, the distribution of which is controlled by one of the parties is to be supplied to and exhibited in a theatre owned, controlled, or operated by the other party.
The term "feature motion picture film" means all motion pictures, whether copyrighted or uncopyrighted, including positive and negative prints and copies or reproductions of such prints, which films contain photoplays or other subjects and are produced for public exhibition. The term shall not include films commonly known as short subjects, newsreels, trailers, serials, reissues, foreign, and western pictures, and road shows.
The term "exhibition season" means a period of 12 months as may be selected by the producer-distributor, but there shall be no lapse of time between the termination of one season and the beginning of the next.
[Repealed, 1992 c 464 art 1 s 19]
[Repealed, 1989 c 209 art 1 s 33]
325H.01 DEFINITIONS.
The definitions in this section apply to sections 325H.01 to 325H.10.
"Consumer" means an individual who is provided access to a tanning facility.
"Individual" means a human being.
"Operator" means an individual designated by the tanning facility owner or tanning equipment lessee to operate, or to assist and instruct the consumer in the operation and use of, the tanning facility or tanning equipment; however an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times.
"Person" means an individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
"Tanning equipment" means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.
"Tanning facility" means a location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. Tanning facility includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment.
"Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers.
326B.01 DEFINITIONS.
The definitions in this section apply to this chapter.
"ASME" means the American Society of Mechanical Engineers.
"Commissioner" means the commissioner of labor and industry or a duly designated representative of the commissioner who is either an employee of the Department of Labor and Industry or a person working under contract with the department.
"Department" means the Department of Labor and Industry.
"Day" means calendar day unless otherwise provided.
"Individual" means a human being.
"Person" means any individual, limited liability company, corporation, partnership, incorporated or unincorporated association, sole proprietorship, joint stock company, or any other legal or commercial entity.
325M.01 DEFINITIONS.
The terms used in sections 325M.01 to 325M.09 have the meanings given them in this section.
"Consumer" means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access.
"Internet service provider" means a business or person who provides consumers authenticated access to, or presence on, the Internet by means of a switched or dedicated telecommunications channel upon which the provider provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer. Internet service provider does not include the offering, on a common carrier basis, of telecommunications facilities or of telecommunications by means of these facilities.
"Ordinary course of business" means debt-collection activities, order fulfillment, request processing, or the transfer of ownership.
"Personally identifiable information" means information that identifies:
(1) a consumer by physical or electronic address or telephone number;
(2) a consumer as having requested or obtained specific materials or services from an Internet service provider;
(3) Internet or online sites visited by a consumer; or
(4) any of the contents of a consumer's data-storage devices.
325G.042 CONSUMER CREDIT; EQUAL TREATMENT OF SPOUSES.
To the extent that a creditor considers credit history in evaluating the credit worthiness of similarly qualified applicants for a similar type and amount of credit, in evaluating an applicant's credit worthiness, a creditor shall consider:
(1) the credit history, when available, of accounts designated as accounts that the applicant and the applicant's spouse are permitted to use or for which both are contractually liable;
(2) at the applicant's request, any information the applicant may present that tends to indicate that the credit history being considered by the creditor does not accurately reflect the applicant's creditworthiness; and
(3) at the applicant's request, the credit history, when available, of any account reported in the name of the applicant's spouse or former spouse that the applicant can demonstrate accurately reflects the applicant's credit worthiness.
(a) A creditor that furnishes credit information shall designate:
(1) any new credit account to reflect the participation of both spouses if the applicant's spouse is contractually liable on the account, other than as a guarantor, surety, endorser, or similar party; and
(2) any existing credit account to reflect such participation, within 90 days after receiving a written request to do so from one of the spouses.
(b) If a creditor furnishes credit information to a consumer reporting agency concerning a credit account designated to reflect the participation of both spouses, the creditor shall furnish the information in a manner that will enable the agency to provide access to the information in the name of each spouse.
(c) If a creditor furnishes credit information in response to an inquiry concerning a credit account designated to reflect the participation of both spouses, the creditor shall furnish the information in the name of the spouse about whom the information is requested.
A creditor's failure to comply with this section is not a violation if it results from an inadvertent error, provided that the creditor promptly, and at no cost to the applicant or borrower, rectified the error after it was brought to the creditor's attention.
(a) Enforcement of this section is under section 8.31, except that in a private cause of action under section 8.31, subdivision 3a, the damages are limited to $1,000 and the plaintiff has no right to recover costs of investigation and attorney fees.
(b) No one may bring a private cause of action under this section unless the individual has first in good faith attempted to correct the problem with the party violating the section.
Compliance with the requirements of the Federal Consumer Credit Protection Act, title VII (Equal Credit Opportunity), United States Code, title 15, section 1691 et seq., as amended and the regulations promulgated under those sections dealing with the subject matter of this section, shall be deemed to be in compliance with this section.
For purposes of this section, the term "account" means an extension of consumer credit and the word "use" in relation to an account refers only to open-end credit.
325H.02 REGULATIONS; APPLICABILITY; EXEMPTIONS.
A tanning facility in this state must be constructed, operated, and maintained according to sections 325H.01 to 325H.10.
Sections 325H.01 to 325H.10 do not apply to:
(a) a person who:
(1) uses equipment which emits ultraviolet radiation incidental to its normal operation; and
(2) does not use the equipment described in clause (1) to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment;
(b) a physician licensed by the Board of Medical Practice who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation; and
(c) an individual who owns tanning equipment exclusively for personal, noncommercial use.
325J.02 MUNICIPAL LICENSING AND REGULATION.
(a) For the purpose of promoting the public health, safety, morals, and welfare, a municipality may adopt an ordinance, issue licenses to qualified applicants, and regulate pawn transactions. Ordinances must contain the minimum provisions of this chapter.
(b) A person may not engage in business as a pawnbroker or otherwise portray the person as a pawnbroker unless the person has a valid license authorizing engagement in the business. Any pawn transaction made without benefit of a license is void.
(c) A separate license is required for each place of business. A municipality may issue more than one license to a person if that person complies with this chapter for each license.
(d) Each license shall remain in full force and effect until surrendered, suspended, revoked, or expired. A license may be suspended or revoked for failure to comply with the municipality's ordinance.
(e) No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any pledgor.
(f) The appropriate local law enforcement agency shall be notified by the municipality of any licensee whose license has expired or been surrendered, suspended, or revoked as provided by this chapter.
325N.02 RESCISSION OF SOLICITOR CONTRACT.
(a) In addition to any other right under law to rescind a contract, an owner has the right to cancel a solicitor contract until midnight of the third business day after the day on which the owner signs a contract which complies with section 325N.03.
(b) Cancellation occurs when the owner gives written notice of cancellation to the solicitor at the address specified in the contract.
(c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
(d) Notice of cancellation given by the owner need not take the particular form as provided with the contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract.
325F.015 UNSAFE BLEACHERS.
A person shall not manufacture, sell, distribute, or install bleachers within this state that do not comply with section 326B.112. For purposes of this section, "person" means an individual, public or private entity, however organized, or a unit of state or local government.
325M.02 WHEN DISCLOSURE OF PERSONAL INFORMATION PROHIBITED.
Except as provided in sections 325M.03 and 325M.04, an Internet service provider may not knowingly disclose personally identifiable information concerning a consumer of the Internet service provider.
327B.02 WARRANTIES.
Every sale of a new manufactured home in this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable federal or state laws and regulations establishing standards of safety or quality, and with implied warranties of merchantability and fitness for particular purpose as permanent housing in the climate of this state.
This section does not prohibit a manufacturer or dealer from making express warranties with respect to a manufactured home, but a manufacturer or dealer may not limit, modify or disclaim the warranties implied by subdivision 1.
Any attempt to exclude, limit or modify any rights or remedies created by the warranties implied by this section is void.
325L.03 SCOPE.
(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by:
(1) the Uniform Commercial Code other than section 336.1-306, article 2, and article 2A; and
(2) section 145C.03, subdivision 1, relating to requirements for creation of a health care directive; section 507.24, relating to requirements for recording any conveyance, power of attorney, or other instrument affecting real estate; section 523.23, subdivision 3, relating to requirements for creation of a statutory short form power of attorney; and section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of preferences or instructions regarding intrusive mental health treatment.
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under paragraph (b) to the extent it is governed by a law other than those specified in paragraph (b).
(d) A transaction subject to this chapter is also subject to other applicable substantive law.
(e) This chapter does not apply to the creation and execution of wills, codicils, or trusts other than trusts relating to the conduct of business, commercial, or governmental purposes.
325K.02 PURPOSES AND CONSTRUCTION.
This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:
(1) to facilitate commerce by means of reliable electronic messages;
(2) to minimize the incidence of forged digital signatures and fraud in electronic commerce;
(3) to implement legally the general import of relevant standards, such as X.509 of the International Telecommunication Union, formerly known as the International Telegraph and Telephone consultative committee; and
(4) to establish, in coordination with multiple states, uniform rules regarding the authentication and reliability of electronic messages.
326.03 LICENSE OR CERTIFICATE REQUIRED.
No person, except an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior designer, licensed or certified as provided for in sections 326.02 to 326.15 shall practice architecture, professional engineering, land surveying, landscape architecture, or professional geoscience, or use the title certified interior designer, respectively, in the preparation of plans, specifications, reports, plats or other architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design documents, or in the observation of architectural, engineering, land surveying, landscape architectural, geoscientific, or interior design projects. In preparation of such documents, reasonable care shall be given to compliance with applicable laws, ordinances, and building codes relating to design.
Nothing contained in sections 326.02 to 326.15 shall prevent persons from advertising and performing services such as consultation, investigation, or evaluation in connection with, or from making plans and specifications for, or from supervising, the erection, enlargement, or alteration of any of the following buildings:
(1) dwellings for single families, and outbuildings in connection therewith, such as barns and private garages;
(2) two family dwellings;
(3) any farm building or accessory thereto; or
(4) temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters.
No plat, map, or drawing of any survey or subdivision of lands required by law to be filed or recorded with the county recorder or registered with the registrar of titles of any county, shall be filed, recorded, or registered therein unless there shall be endorsed thereon a certification by a licensed land surveyor.
The provisions hereof shall not apply to any person holding an elective office when in discharging the duties thereof such person is required to do work or perform service of the character of work or service usually done or performed by an architect, engineer, land surveyor, landscape architect, or geoscientist.
The provisions of sections 326.02 to 326.15 shall not apply to inspection and service work done by employees of insurance companies, their agents, or insurance rating bureaus.
325I.03 ENFORCEMENT; CIVIL LIABILITY.
The public and private remedies in section 8.31 apply to violations of section 325I.02. In addition, a consumer who prevails or substantially prevails in an action brought under this section is entitled to a minimum of $500 in damages, regardless of the amount of actual damage proved, plus costs, disbursements, and reasonable attorney fees. Sections 325I.01 to 325I.03 do not affect any rights or remedies available under other law.
327A.03 EXCLUSIONS.
The liability of the vendor or the home improvement contractor under sections 327A.01 to 327A.07 is limited to the specific items set forth in sections 327A.01 to 327A.07 and does not extend to the following:
(a) loss or damage not reported by the vendee or the owner to the vendor or the home improvement contractor in writing within six months after the vendee or the owner discovers or should have discovered the loss or damage; unless the vendee or owner establishes that the vendor or home improvement contractor had actual notice of the loss or damage;
(b) loss or damage caused by defects in design, installation, or materials which the vendee or the owner supplied, installed, or directed to be installed;
(c) secondary loss or damage such as personal injury or property damage;
(d) loss or damage from normal wear and tear;
(e) loss or damage from normal shrinkage caused by drying of the dwelling or the home improvement within tolerances of building standards;
(f) loss or damage from dampness and condensation due to insufficient ventilation after occupancy;
(g) loss or damage from negligence, improper maintenance or alteration of the dwelling or the home improvement by parties other than the vendor or the home improvement contractor;
(h) loss or damage from changes in grading of the ground around the dwelling or the home improvement by parties other than the vendor or the home improvement contractor;
(i) landscaping or insect loss or damage;
(j) loss or damage from failure to maintain the dwelling or the home improvement in good repair;
(k) loss or damage which the vendee or the owner, whenever feasible, has not taken timely action to minimize;
(l) loss or damage which occurs after the dwelling or the home improvement is no longer used primarily as a residence;
(m) accidental loss or damage usually described as acts of God, including, but not limited to: fire, explosion, smoke, water escape, windstorm, hail or lightning, falling trees, aircraft and vehicles, flood, and earthquake, except when the loss or damage is caused by failure to comply with building standards;
(n) loss or damage from soil movement which is compensated by legislation or covered by insurance;
(o) loss or damage due to soil conditions where construction is done upon lands owned by the vendee or the owner and obtained by the vendee or owner from a source independent of the vendor or the home improvement contractor;
(p) in the case of home improvement work, loss or damage due to defects in the existing structure and systems not caused by the home improvement.
325G.051 SURCHARGES ON CREDIT CARDS.
(a) A seller or lessor of goods or services doing business in Minnesota may impose a surcharge on transactions in Minnesota with a customer who elects to use a credit or charge card in lieu of payment by cash, check, or similar means, provided:
(1) if the sale or lease of goods or services is processed in person, the seller or lessor informs the customer of the surcharge both orally at the time of sale and by a sign conspicuously posted on the seller's or lessor's premises;
(2) if the sale or lease of goods or services is processed through a website or mobile device, the seller or lessor informs the customer of the surcharge by conspicuously posting a surcharge notice during the sale, at the point of sale, on the customer order summary, or on the checkout page of the website;
(3) if the sale or lease of services is processed over the telephone, the seller or lessor informs the customer of the surcharge orally; and
(4) the surcharge does not exceed five percent of the purchase price.
(b) A seller or lessor of goods or services that establishes and is responsible for the seller or lessor's own customer credit or charge card may not impose a surcharge on a customer who elects to use that credit or charge card in lieu of payment by cash, check, or similar means.
(c) For purposes of this section "surcharge" means a fee or charge imposed by a seller or lessor upon a customer that increases the price of goods or services to the customer because the customer uses a credit or charge card to purchase or lease the goods or services. The term does not include a discount offered by a seller or lessor to a customer who makes payment for goods or services by cash, check, or similar means not involving a credit or charge card if the discount is offered to all prospective customers and its availability is clearly and conspicuously disclosed to all prospective customers.
(d) This subdivision applies to an agent of a seller or lessor.
A seller who violates this section is subject to a civil penalty of not more than $500 and shall refund the surcharge to each buyer.
326B.04 DEPOSIT OF MONEY.
There is created in the state treasury a construction code fund as a special revenue fund for the purpose of administering this chapter, sections 327.31 to 327.36, and chapter 327B. All money collected under those sections, except penalties, is credited to the construction code fund unless otherwise specifically designated by law. Any interest or profit accruing from investment of these sums is credited to the construction code fund. All money collected in the construction code fund is appropriated to the commissioner of labor and industry to administer and enforce the provisions of the laws identified in this section.
Unless otherwise provided by law, all penalties assessed under this chapter, section 327.35, and chapter 327B are credited to the assigned risk safety account established by section 79.253.
Unless otherwise specifically designated by law: (1) all money collected under sections 144.122, paragraph (f); 181.723; 326B.092 to 326B.096; 326B.101 to 326B.194; 326B.197; 326B.32 to 326B.399; 326B.43 to 326B.49; 326B.52 to 326B.59; 326B.701; 326B.802 to 326B.885; 326B.90 to 326B.998; 327.31 to 327.36; and 327B.01 to 327B.12, except penalties, is credited to the construction code fund; (2) all fees collected under sections 326B.098 to 326B.099 in connection with continuing education for any license, registration, or certificate issued pursuant to this chapter are credited to the construction code fund; and (3) all penalties assessed under the sections set forth in clauses (1) and (2) and all penalties assessed under sections 144.99 to 144.993 in connection with any violation of sections 326B.43 to 326B.49 or 326B.52 to 326B.59 or the rules adopted under those sections are credited to the assigned risk safety account established by section 79.253.
325M.03 WHEN DISCLOSURE OF PERSONAL INFORMATION REQUIRED.
An Internet service provider shall disclose personally identifiable information concerning a consumer:
(1) pursuant to a grand jury subpoena;
(2) to an investigative or law enforcement officer as defined in section 626A.01, subdivision 7, while acting as authorized by law;
(3) pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by other means;
(4) to a court in a civil action for conversion commenced by the Internet service provider or in a civil action to enforce collection of unpaid subscription fees or purchase amounts, and then only to the extent necessary to establish the fact of the subscription delinquency or purchase agreement, and with appropriate safeguards against unauthorized disclosure;
(5) to the consumer who is the subject of the information, upon written or electronic request and upon payment of a fee not to exceed the actual cost of retrieving the information;
(6) pursuant to subpoena, including an administrative subpoena, issued under authority of a law of this state or another state or the United States; or
(7) pursuant to a warrant or court order.
325N.03 CONTRACT.
(a) Every contract must be in writing and must fully disclose the exact nature of the solicitor's services and the total amount and terms of compensation.
(b) The following notice, printed in at least 14-point boldface type and completed with the name of the solicitor, must be printed immediately above the statement required by paragraph (c):
(c) The contract must be written in the same language as principally used by the solicitor to describe his or her services or to negotiate the contract, must be dated and signed by the owner, and must contain in immediate proximity to the space reserved for the owner's signature a conspicuous statement in a size equal to at least 10-point boldface type, as follows:
"You, the owner, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right."
(d) The notice of cancellation must contain, and the contract must contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following:
(1) the name and physical address of the solicitor to which the notice of cancellation is to be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An email address may be included, in addition to the physical address; and
(2) the date the owner signed the contract.
(e) Cancellation occurs when the owner delivers, by any means, written notice of cancellation to the address specified in the contract. If cancellation is mailed, delivery is effective upon mailing. If emailed, cancellation is effective upon transmission. The contract must be accompanied by a completed form in duplicate, captioned "notice of cancellation," which must be attached to the contract, must be easily detachable, and must contain in at least 10-point type the following statement written in the same language as used in the contract:
(f) The solicitor shall provide the owner with a copy of the contract and the attached notice of cancellation immediately upon execution of the contract.
(g) The three business days during which the owner may cancel the contract shall not begin to run until the solicitor has complied with this section.
325J.03 LICENSEE ELIGIBILITY.
(a) To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and fairly within the purposes of this chapter and the applicable local ordinance and:
(1) may not be a minor at the time that the application for a pawnbroker's license is filed;
(2) may not have been convicted of any crime directly related to the occupation licensed as prescribed by section 364.03, subdivision 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by section 364.03, subdivision 3; and
(3) must be of good moral character or repute.
(b) Any change, directly or beneficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements.
327B.03 WARRANTIES; DURATION, HONORING.
The warranties implied by section 327B.02 shall run for a period of one year from the date of delivery of the manufactured home to the consumer customer.
To invoke either a warranty implied by section 327B.02 or an express warranty made by the manufacturer the buyer must notify the dealer and the manufacturer within a reasonable time after discovering the breach and not later than 90 days after the expiration of the warranty. To invoke an express warranty made by the dealer, the buyer must notify the dealer within a reasonable time after discovering the breach and not later than 90 days after the expiration of the warranty. After giving the notice the buyer must allow reasonable opportunity for the service or repair.
The manufacturer and dealer, jointly and severally, shall service or repair a manufactured home at its site within a reasonable time after receiving written notice of breach of either a warranty implied by section 327B.02 or an express warranty made by the manufacturer. The dealer shall service or repair a manufactured home at its site within a reasonable time after receiving written notice of breach of an express warranty made by the dealer.
325L.04 PROSPECTIVE APPLICATION.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after August 1, 2000.
325I.05 VIDEO CAPTIONING.
A person may not in the ordinary course of business distribute a prerecorded videocassette tape or similar audio-visual material to a videotape seller or videotape service provider unless it is open-captioned or closed-captioned for the deaf and hard-of-hearing.
For purposes of this section, "videotape seller" and "videotape service provider" have the meanings given them in section 325I.01.
A person who violates this section is subject to the penalties and remedies provided in section 8.31, except subdivision 3a.
This section applies to prerecorded videocassette tapes or similar audio-visual material that:
(1) is primarily produced for sale to educational institutions, training facilities, state or local government agencies, or medical facilities; and
(2) is released or rereleased on or after June 1, 1997, and more than 500 copies are produced in the release or rerelease; or
(3) is produced by a governmental entity for educational purposes.
326.031 SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND NAMES.
Any engineer, architect, certified interior designer, or other person preparing specifications with respect to a contract for the construction of any facility for the state, or any agency or department thereof, or for any county, city, town, or school district, shall at the time of submitting such specifications to the governing body of the organization requesting the specifications, submit to such body, in writing, a list showing each item in the specifications which has been specified by brand name, unless such specifications allow for the consideration of an equal.
325G.052 CREDIT CARD OFFERS AND SOLICITATIONS; ADDRESS VERIFICATIONS.
(a) A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card that lists an address that is different from the address on the offer or solicitation shall verify the change of address before issuing a credit card.
(b) Notwithstanding any other provision of law, a person to whom an offer or solicitation to receive a credit card is made is not liable for the unauthorized use of a credit card issued in response to that offer or solicitation if the credit card issuer does not verify the change of address pursuant to paragraph (a) before the issuance of the credit card, unless the credit card issuer proves that this person actually incurred the charge on the credit card.
(c) When a credit card issuer receives a written or oral request for a change of the cardholder's billing address and then receives a written or oral request for an additional credit card within ten days after the requested address change, the credit card issuer shall not mail the requested additional credit card to the new address or, alternatively, shall not activate the requested additional credit card, unless the credit card issuer has verified the change of address.
326B.06 BONDS.
Bonds issued under this chapter are not state bonds or contracts for purposes of sections 8.05 and 16C.05, subdivision 2.
325M.04 WHEN DISCLOSURE OF PERSONAL INFORMATION PERMITTED; AUTHORIZATION.
An Internet service provider may disclose personally identifiable information concerning a consumer to:
(1) any person if the disclosure is incident to the ordinary course of business of the Internet service provider;
(2) another Internet service provider for purposes of reporting or preventing violations of the published acceptable use policy or customer service agreement of the Internet service provider; except that the recipient may further disclose the personally identifiable information only as provided by sections 325M.01 to 325M.09;
(3) any person with the authorization of the consumer; or
(4) as provided by section 626A.27.
The Internet service provider may obtain the consumer's authorization of the disclosure of personally identifiable information in writing or by electronic means. The request for authorization must reasonably describe the types of persons to whom personally identifiable information may be disclosed and the anticipated uses of the information. In order for an authorization to be effective, a contract between an Internet service provider and the consumer must state either that the authorization will be obtained by an affirmative act of the consumer or that failure of the consumer to object after the request has been made constitutes authorization of disclosure. The provision in the contract must be conspicuous. Authorization may be obtained in a manner consistent with self-regulating guidelines issued by representatives of the Internet service provider or online industries, or in any other manner reasonably designed to comply with this subdivision.
327A.04 WAIVER AND MODIFICATION LIMITED.
Except as provided in subdivisions 2 and 3, the provisions of sections 327A.01 to 327A.08 cannot be waived or modified by contract or otherwise. Any agreement which purports to waive or modify the provisions of sections 327A.01 to 327A.08, except as provided in subdivisions 2 and 3 of this section, shall be void.
At any time after a contract for the sale of a dwelling is entered into by and between a vendor and a vendee or a contract for home improvement work is entered into by and between a home improvement contractor and an owner, any of the warranties provided for in section 327A.02 may be excluded or modified only by a written instrument, printed in boldface type of a minimum size of ten points, which is signed by the vendee or the owner and which sets forth in detail the warranty involved, the consent of the vendee or the owner, and the terms of the new agreement contained in the writing. No exclusion or modification shall be effective unless the vendor or the home improvement contractor provides substitute express warranties offering substantially the same protections to the vendee or the owner as the statutory warranties set forth in section 327A.02. Any modification or exclusion agreed to by vendee and vendor or the owner and home improvement contractor pursuant to this subdivision shall not require the approval of the commissioner of labor and industry pursuant to section 327A.07.
If a major construction defect is discovered prior to the sale of a dwelling, the warranty set forth in section 327A.02, subdivision 1, clause (c) may be waived for the defect identified in the waiver instrument, after full oral disclosure of the specific defect, by an instrument which sets forth in detail: the specific defect; the difference between the value of the dwelling without the defect and the value of the dwelling with the defect, as determined and attested to by an independent appraiser, contractor, insurance adjuster, engineer or any other similarly knowledgeable person selected by the vendee; the price reduction; the date the construction was completed; the legal description of the dwelling; the consent of the vendee to the waiver; and the signatures of the vendee, the vendor, and two witnesses.
A single waiver agreed to pursuant to this subdivision may not apply to more than one major construction defect in a dwelling.
The waiver shall not be effective unless recorded with the county recorder or registrar of titles who shall file the waiver for record.
325H.04 PROTECTIVE GOGGLES REQUIRED.
(a) The tanning facility owner or operator shall provide protective goggles to each consumer for use with the tanning equipment. The protective goggles must meet the requirements of Code of Federal Regulations, title 21, part 1040.20(c)(4).
(b) Tanning facility owners and operators shall require that consumers wear the protective goggles required by this section. The tanning facility owner or operator shall ensure that the protective goggles required by this section are properly sanitized before each use unless the goggles are owned by the consumer, and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide the sanitizing.
325K.03 ROLE OF THE SECRETARY.
The secretary shall be a certification authority. The secretary shall issue, suspend, and revoke certificates in the manner prescribed under section 325K.10 to applicants for licensure. The secretary may also issue, suspend, and revoke certificates for governmental entities. Except for licensing requirements, this chapter applies to the secretary with respect to certificates the secretary issues.
The secretary must maintain an online, publicly accessible electronic database containing a certification authority disclosure record and list of judgments for each licensed certification authority.
The secretary must adopt rules to:
(1) govern licensed certification authorities and repositories, their practice, and termination of their practice;
(2) determine an amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed certification authorities;
(3) specify reasonable requirements for the form of certificates issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;
(4) specify reasonable requirements for record keeping by licensed certification authorities;
(5) specify reasonable requirements for the content, form, and sources of information in certification authority disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records;
(6) specify the form of the certification practice statements; and
(7) specify the procedure and manner in which a certificate may be suspended or revoked.
The secretary in the role of licensed certification authority may adopt and amend a certification practice statement without using the provisions of chapter 14.
327C.025 RESIDENT COPIES.
The park owner shall give a copy of the signed rental agreement to each resident with a copy of the evacuation or shelter plan attached.
325N.04 VIOLATIONS.
It is a violation for a solicitor to:
(1) claim, demand, charge, collect, or receive any compensation until after the solicitor has fully performed each and every service the solicitor contracted to perform or represented he or she would perform;
(2) claim, demand, charge, collect, or receive any fee, interest, or any other compensation for any reason which exceeds eight percent per annum of the amount of any loan which the solicitor may make to the owner. Such a loan must not, as provided in clause (3), be secured by the covered residence or any other real or personal property;
(3) take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. Any such security is void and unenforceable;
(4) receive any consideration from any third party in connection with services rendered to an owner unless the consideration is first fully disclosed to the owner;
(5) acquire any interest, directly or indirectly, or by means of a subsidiary or affiliate in a covered residence from an owner with whom the solicitor has contracted;
(6) take any power of attorney from an owner for any purpose, except to inspect documents as provided by law; or
(7) induce or attempt to induce any owner to enter a contract which does not comply in all respects with sections 325N.02 and 325N.03.
325J.04 PAWN TICKETS.
At the time of making the pawn or purchase transaction, the pawnbroker shall immediately and legibly record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the municipality:
(1) a complete and accurate description of the property, including model and serial number if indicated on the property;
(2) the full name, residence address, residence telephone number, and date of birth of the pledgor or seller;
(3) date and time of pawn or purchase transaction;
(4) the identification number and state of issue from one of the following forms of identification of the seller or pledgor: current valid Minnesota driver's license; current valid Minnesota identification card; or current valid photo identification card issued by another state or a province of Canada;
(5) description of the pledgor including approximate height, sex, and race;
(6) amount advanced or paid;
(7) the maturity date of the pawn transaction and the amount due; and
(8) the monthly and annual interest rates, including all pawn fees and charges.
The following shall be printed on all pawn tickets:
(1) the statement that "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.";
(2) the statement that "The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item.";
(3) the statement that "This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record."; and
(4) a blank line for the pledgor's signature.
325I.06 RESTRICTED VIDEO GAMES; PROHIBITIONS.
As used in this section, "restricted video game" means a video game rated AO or M by the Entertainment Software Rating Board.
A person under the age of 17 may not knowingly rent or purchase a restricted video game. A person who violates this subdivision is subject to a civil penalty of not more than $25.
A person or entity engaged in the retail business of selling or renting video games from a location or structure with access to the public shall post a sign in a location that is clearly visible to consumers. The sign must display the following language in 30-point font or larger: "A person under the age of 17 is prohibited from renting or purchasing a video game rated AO or M. Violators may be subject to a $25 penalty."