reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.21 — Deficiency Judgments; Consumer Transactions; Definitions.

325G.21 DEFICIENCY JUDGMENTS; CONSUMER TRANSACTIONS; DEFINITIONS.
Subdivision 1.
Scope.
As used in section 325G.22, the following terms shall have the meanings assigned to them.
Subd. 2.
Consumer credit transaction.
"Consumer credit transaction" means a sale of personal property, or a loan arranged to facilitate the purchase of personal property, in which (a) credit is granted by a seller or a lender who regularly engages as a seller or lender in credit transactions of the same kind; (b) the buyer is a natural person; (c) the personal property is purchased primarily for a personal, family or household purpose, and not for a commercial, agricultural, or business purpose; and (d) a security interest is retained by the seller or lender. It does not include a transaction pursuant to an open end credit plan authorized by sections 334.16 to 334.18.
Subd. 3.
Personal property.
"Personal property" includes goods. It does not include real property, or personal property which is furnished or used, at the time of sale or subsequently, in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom.
Subd. 4.
Seller or lender.
"Seller or lender" includes an assignee of either.
History:
1977 c 180 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.22 — Limits On Buyer's Liability.

325G.22 LIMITS ON BUYER'S LIABILITY.
Subdivision 1.
Personal liability of buyer limited.
If the seller or lender repossesses or voluntarily accepts surrender of personal property in which the seller or lender has a security interest arising out of a consumer credit transaction and the aggregate amount of the credit extended in the transaction was $7,800 or less, the buyer is not personally liable to the seller or lender for the unpaid balance of the debt arising from the consumer credit transaction, and the seller or lender is not obligated to resell the collateral.
Subd. 1a.
Adjustment of dollar amounts.
The dollar amount in subdivision 1 shall change periodically as provided in section 550.37, subdivision 4a.
Subd. 2.
Buyer's liability.
The buyer may be liable in damages to the seller or lender if the buyer has wrongfully damaged the collateral or wrongfully failed to make the collateral available to the seller or lender.
Subd. 3.
Restriction on repossession, levy, and sale.
If the seller or lender elects to bring an action and obtains judgment against the buyer for a debt arising from a consumer credit transaction, when under this section the seller or lender would not be entitled to a deficiency judgment on repossessing the collateral, (a) the seller or lender may not repossess the collateral, and (b) the collateral is not subject to levy or sale on execution or similar proceedings pursuant to the judgment.
History:
1977 c 180 s 2; 1986 c 444; 1990 c 464 s 5; 2013 c 135 art 2 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.23 — Definitions.

325G.23 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 325G.23 to 325G.28, the terms defined in this section have the meanings given them.
Subd. 2.
Club.
"Club" means any health club, social referral club or buying club.
Subd. 3.
Contract.
"Contract" means any agreement by which one becomes a member of a club.
Subd. 4.
Health club.
"Health club" means any corporation, partnership, unincorporated association, or other business enterprise having the primary purpose of offering one or more facilities for instruction, training, encouragement, or assistance in physical fitness, in return for the payment of a fee entitling the member to the use of the facilities. The term does not include any nonprofit organizations, any private club owned and operated by its members, or any facility operated by the state or any of its political subdivisions.
Subd. 5.
Social referral club.
"Social referral club" means any corporation, partnership, unincorporated association or other business enterprise organized for profit with the primary purpose of matching members of the opposite sex, by the use of computer or any other means, to facilitate dating or general social contact.
Subd. 6.
Buying club.
"Buying club" means any corporation, partnership, unincorporated association or other business enterprise organized for profit with the primary purpose of providing benefits to members from the cooperative purchase of services or merchandise.
Subd. 7.
Member.
"Member" means a status by which any natural person is entitled to any of the benefits of a club.
Subd. 8.
Prepayment.
"Prepayment" means any payment over $50 for service or merchandise made before the service is rendered or the merchandise is received. The term "prepayment" includes, but is not limited to, the payment of any service fee, initiation fee, application fee, administrative fee, deposit fee, processing fee, enrollment fee, maintenance fee, or similar fee no matter how the fee is denominated. It is not a prepayment if a payment for service is made on the same day the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.
Subd. 9.
Business day.
"Business day" means any day other than a Saturday, Sunday, or holiday as defined in section 645.44.
Subd. 10.
Outstanding liabilities.
"Outstanding liabilities" means the amount of prepayment actually received from club members less the amount of the prepayment as prorated over the duration of any contract for services rendered by the club.
History:
1974 c 418 s 1; 1987 c 367 s 1-3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.24 — Right Of Cancellation.

325G.24 RIGHT OF CANCELLATION.
Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before midnight of the third business day following the date on which membership was attained. Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract. Cancellation shall be without liability on the part of the member and the member shall be entitled to a refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract. Rights of cancellation may not be waived or otherwise surrendered.
History:
1974 c 418 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.25 — Contract Regulation.

325G.25 CONTRACT REGULATION.
Subdivision 1.
Form and content.
A copy of every contract shall be delivered to the member at the time the contract is signed. Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract and must state, clearly and conspicuously in boldface type of a minimum size of 14 points, the following:
"MEMBERS' RIGHT TO CANCEL"
"If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: (Insert name and mailing address of club). If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, any payments you have made."
Subd. 1a.
Alternative cancellation notice.
In lieu of the notice of cancellation required by subdivision 1, the seller may provide notice in a manner which conforms to applicable federal law or regulation or section 325G.08 so long as the notice provides the information required by subdivision 1.
Subd. 2.
Failure to contain notice.
Every contract which does not contain the notice specified in this section may be canceled by the member at any time by giving notice of cancellation by any means.
History:
1974 c 418 s 3; 1975 c 357 s 1,2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.26 — Limitation On Membership Period.

325G.26 LIMITATION ON MEMBERSHIP PERIOD.
No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert a contract into a contract for a period longer than 18 months after the member has been a member of the club for a period of at least six months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in bold face type of a minimum size of 14 points.
History:
1974 c 418 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.28 — Violations.

325G.28 VIOLATIONS.
Subdivision 1.
Attorney general enforcement authority.
The attorney general shall investigate violations of sections 325G.23 to 325G.28. When the attorney general possesses information providing reasonable ground to believe that any person has violated or is about to violate any provision of sections 325G.23 to 325G.28, or that any club is insolvent the attorney general shall be entitled on behalf of the state (a) to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging the penalties provided by law; (b) to sue for and recover for the state, from any person who is found to have violated any provision of sections 325G.23 to 325G.28, a civil penalty, in an amount to be determined by the court, not in excess of $25,000; and in case the club has failed to maintain the bond required by sections 325G.23 to 325G.28, or is insolvent or in imminent danger of insolvency, to sue for and have an order appointing a receiver to wind up its affairs. All civil penalties recovered under this subdivision shall be deposited in the general fund of the state treasury.
Subd. 2.
Private remedies.
In addition to the remedies otherwise provided by law, any person injured by a violation of any of the provisions of sections 325G.23 to 325G.28, may bring a civil action and recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the court.
History:
1974 c 418 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.30 — Definitions.

325G.30 DEFINITIONS.
Subdivision 1.
Terms.
As used in sections 325G.30 to 325G.36, the terms defined in this section have the meanings given them.
Subd. 2.
Consumer.
"Consumer" means any individual who, primarily for personal, family or household purposes: (1) gives consideration for an interest in any services or personal property, including money; (2) transfers or authorizes a security interest on any personal property; or (3) leases residential premises for a term not exceeding three years.
Subd. 3.
Consumer contract.
"Consumer contract" means any written contract with a consumer except: (1) a contract where the price, excluding interest or finance charges, is more than $50,000; (2) a contract through which a consumer mortgages an interest in realty or obtains money or credit to be used to purchase or refinance an interest in realty; (3) a contract in which the sale of personal property is merely incidental to the sale of an interest in realty; (4) a written agreement involving a transaction in securities with a broker-dealer or investment advisor registered with the Securities and Exchange Commission; or (5) a transaction in commodities with a futures commission merchant registered with the Commodities Futures Trading Commission.
History:
1981 c 274 s 2; 1983 c 216 art 2 s 7; 1983 c 288 s 4; 1984 c 414 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.31 — Plain Language Required.

325G.31 PLAIN LANGUAGE REQUIRED.
Except as provided in section 325G.32, every consumer contract shall be written in a clear and coherent manner using words with common and everyday meanings and shall be appropriately divided and captioned by its various sections.
History:
1981 c 274 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.32 — Exceptions.

325G.32 EXCEPTIONS.
Subdivision 1.
Other statutes or regulations.
Section 325G.31 does not apply to any consumer contract for which a federal or state statute, rule or regulation prescribes standards of readability applicable to the entire contract. Section 325G.31 does not apply to particular words, phrases, provisions or forms of agreement specifically required, recommended or endorsed by a state or federal statute, rule or regulation.
Subd. 2.
Customarily used technical terms.
A consumer contract may include technical terms to describe the services or property which are the subject of the contract, if the terms are customarily used by consumers in connection with the services or property.
History:
1981 c 274 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.33 — Remedies.

325G.33 REMEDIES.
Subdivision 1.
Enforcement authority.
Any violation of section 325G.31 is a violation of a law under section 8.31, subdivision 1. The remedies provided in section 8.31, subdivisions 3 and 3a, are limited as provided in section 325G.34.
Subd. 2.
Reformation.
In addition to the remedies provided in section 8.31, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:
(1) a material provision of the contract violates section 325G.31;
(2) the violation caused the consumer to be substantially confused about any of the rights, obligations or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the consumer.
If the court reforms or limits a provision of a consumer contract, the court shall also make orders necessary to avoid unjust enrichment. Bringing a claim for relief pursuant to this subdivision does not entitle a consumer to withhold performance of an otherwise valid contractual obligation. No relief shall be granted pursuant to this subdivision unless the claim is brought before the obligations of the contract have been fully performed.
History:
1981 c 274 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.34 — Limits On Remedies.

325G.34 LIMITS ON REMEDIES.
Subdivision 1.
Penalties.
In any proceeding in which civil penalties are claimed from a party for a violation of section 325G.31, it is a defense to the claim that the party made a good faith and reasonable effort to comply with section 325G.31.
Subd. 2.
Attorney's fees.
A party who has made a good faith and reasonable effort to comply with section 325G.31 shall not be assessed attorney's fees or costs of investigation in an action for violating section 325G.31.
Subd. 3.
Class action attorney's fees.
In any class action or series of class actions which arise from the use by a person of a particular consumer contract found to violate section 325G.31, the amount of attorney's fees and costs of investigation assessed against that person and in favor of the consumer class or classes may not exceed $10,000.
Subd. 4.
Limits on consumer actions.
Violation of section 325G.31 is not a defense to a claim arising from a consumer's breach of a consumer contract or to an action for eviction. A consumer may recover actual damages caused by a violation of section 325G.31 only if the violation caused the consumer to be substantially confused about the rights, obligations or remedies of the contract.
Subd. 5.
Statute of limitations.
Any claim that a consumer contract violates section 325G.31 must be raised within six years of the date the contract is executed by the consumer.
History:
1981 c 274 s 6; 2003 c 2 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.35 — Review By The Attorney General.

325G.35 REVIEW BY THE ATTORNEY GENERAL.
Subdivision 1.
Process of review.
Any seller, creditor or lessor may submit a consumer contract to the attorney general for review as to whether the contract complies with the requirements of section 325G.31. After reviewing the contract the attorney general shall: (1) certify that the contract complies with section 325G.31; (2) decline to certify that the contract complies with section 325G.31 and note objections to the contractual language; (3) decline to review the contract and refer the party submitting the contract to other previously certified contracts of the same type; (4) decline to review the contract because the contract's compliance with section 325G.31 is the subject of pending litigation; or (5) decline to review the contract because the contract is not subject to section 325G.31.
Subd. 2.
Process not reviewable.
Actions of the attorney general pursuant to subdivision 1 are not subject to chapter 14, and are not appealable.
Subd. 3.
Limited effect of certification.
Any consumer contract certified pursuant to subdivision 1 is deemed to comply with section 325G.31. Certification of a consumer contract pursuant to subdivision 1 is not otherwise an approval of the contract's legality or legal effect.
Subd. 4.
Review not required.
Failure to submit a contract to the attorney general for review pursuant to subdivision 1 does not show a lack of good faith nor does it raise a presumption that the contract violates section 325G.31. If pursuant to subdivision 1 the attorney general refers a party to a previously certified contract, that the party chooses not to use the contract does not show a lack of good faith nor does it raise a presumption that a contract used by that party violated section 325G.31.
Subd. 5.
Fee for review.
The attorney general may charge a fee, not to exceed $50, for the costs of reviewing a consumer contract pursuant to subdivision 1.
History:
1981 c 274 s 7; 1982 c 424 s 130; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.36 — Waivers Void.

325G.36 WAIVERS VOID.
Subdivision 1.
Consumer contract waivers.
Any provision of a consumer contract which waives or attempts to waive any provision of sections 325G.29 to 325G.36 is void.
Subd. 2.
Consumer credit transaction contract waivers.
Any provision of a consumer credit transaction contract which waives or attempts to waive any provision of section 325G.22 is void.
History:
1981 c 274 s 8; 1987 c 349 art 1 s 38
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.37 — Effective Date.

325G.37 EFFECTIVE DATE.
Sections 325G.29 to 325G.34 and 325G.36 take effect on July 1, 1983. Section 325G.35 takes effect May 29, 1981. Sections 325G.29 to 325G.36 do not affect any consumer contract executed before July 1, 1983. A previously existing consumer contract renewed after July 1, 1983, is subject to sections 325G.29 to 325G.36. No provision for renewal of a consumer contract is invalid merely because compliance with sections 325G.29 to 325G.36 changes the form of the renewal agreement. For the purposes of this section periodic tenancies renew at the commencement of each rental period.
History:
1981 c 274 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.41 — Definitions And Computations.

325G.41 DEFINITIONS AND COMPUTATIONS.
Subdivision 1.
Generally.
Except as otherwise provided, the terms used in sections 325G.40 to 325G.47 have the meanings prescribed in Code of Federal Regulations, title 12, part 226. Except as otherwise provided, the computations required under sections 325G.40 to 325G.47 shall be made as provided in Code of Federal Regulations, title 12, part 226.
Subd. 2.
Credit card application.
"Credit card application" means any written form, document, or material distributed by or on behalf of a creditor and designed to be used by a consumer to request or accept the issuance of a credit card.
Subd. 3.
Creditor.
"Creditor" includes any credit card issuer that extends either open-end credit or credit that is not subject to a finance charge and is not payable in installments.
History:
1987 c 256 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.44 — Damages.

325G.44 DAMAGES.
A person injured by a violation of section 325G.42 may recover actual damages in an action other than a class action, together with costs and disbursements, including a reasonable attorney's fee, and receive other equitable relief as determined by the court.
History:
1987 c 256 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.45 — Federal Law.

325G.45 FEDERAL LAW.
If a creditor becomes required by federal law to make disclosure of the terms required in section 325G.42 in connection with the distribution of a credit card application, then the creditor is considered to have complied with the requirements of section 325G.42 if the creditor complies with the federal disclosure requirement.
History:
1987 c 256 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.46 — Alternative Compliance.

325G.46 ALTERNATIVE COMPLIANCE.
In lieu of complying with section 325G.42, subdivision 2, a creditor, in connection with the distribution of a credit card application, may disclose the specific terms of section 325G.42 in compliance with Code of Federal Regulations, title 12, part 226.5.
History:
1987 c 256 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.47 — Notification Of Annual Fee.

325G.47 NOTIFICATION OF ANNUAL FEE.
The customer must be notified of the amount of the annual fee, if any, and the date the fee is payable at least 30 days before the account is charged for the fee, and during that 30-day period the customer may cancel the open-end credit plan without penalty other than payment of any outstanding balance.
History:
1987 c 256 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.501 — Membership Travel Contracts Solicitation Gift Offers.

325G.501 MEMBERSHIP TRAVEL CONTRACTS SOLICITATION GIFT OFFERS.
No membership travel operator shall offer a gift, either directly or indirectly, to a person in Minnesota unless the membership travel operator clearly discloses the following information at the same time and in the same manner and prominence as the offer of the gift:
(1) the true name or names of the travel club operator and the address of the travel club operator's principal place of business;
(2) the estimated retail value of the gift, which must not be more than twice the direct cost to the membership travel operator for the gift;
(3) any requirement that the person receiving the notice pay taxes, refundable or nonrefundable deposits, or any other charges to obtain or use a gift, including the nature and amount of the charges;
(4) if receipt of the gift is subject to a requirement that the person attend a meeting with the travel club operator for the purpose of soliciting the person to enter into a membership travel contract, a statement that the requirement applies, a description of the membership travel contract the membership travel operator wishes to sell, the approximate length of the meeting, and the requested price for the membership travel contract;
(5) any limitations on eligibility to receive the gift; and
(6) if use of the gift is subject to any restrictions, including, but not limited to, travel restrictions, a statement that a restriction applies, and a detailed description of the restriction.
History:
2005 c 70 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.51 — Penalties; Remedies.

325G.51 PENALTIES; REMEDIES.
A person who violates sections 325G.50 to 325G.505 is subject to the penalties and remedies provided in section 8.31. The relief provided in this subdivision is in addition to remedies or penalties otherwise provided by law.
History:
1990 c 411 s 2; 2003 c 125 s 3; 2005 c 70 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.52 — Consumer Education; Telemarketing Fraud.

325G.52 CONSUMER EDUCATION; TELEMARKETING FRAUD.
Subdivision 1.
Establishment.
The attorney general shall establish an outreach advocacy network to educate citizens of the state with respect to telemarketing fraud.
Subd. 2.
Duties.
The advocacy network shall:
(1) conduct clinics and seminars throughout the state to educate consumers with respect to telemarketing fraud, including providing an explanation of rights under federal and state law, and recommending effective strategies to combat fraud, with particular emphasis placed on educating consumers in greater Minnesota and isolated areas of the state where victims may be targeted;
(2) facilitate outreach to groups particularly susceptible to telemarketing fraud by training advocates for senior citizens and other consumer groups to conduct clinics and seminars in their communities;
(3) prepare and publish informational brochures on telemarketing fraud for distribution to consumers;
(4) serve as an information clearinghouse within the state to assist consumers and others to obtain information with respect to current fraudulent telemarketing activity in the state;
(5) serve as a resource and provide assistance to local prosecutors and law enforcement; and
(6) identify those occupations in which persons may be in a good position to spot telemarketing fraud and develop specialized training programs for those persons.
History:
1998 c 366 s 69
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.53 — Gift Certificates.

325G.53 GIFT CERTIFICATES.
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this section.
(a) "Gift certificate" means a tangible record evidencing a promise, made for 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 and includes, but is not limited to, a gift card, stored-value card, store card, or a similar record or card that contains a microprocessor chip, magnetic stripe, or other means for the storage of information, and for which the value is decreased upon each use.
(b) "Affiliate" of another entity means any entity directly controlling, controlled by, or under common control with the other entity.
Subd. 2.
Prohibitions.
It is unlawful for any person or entity to sell a gift certificate that is subject to an expiration date or a service fee of any kind, including, but not limited to, a service fee for dormancy.
Subd. 3.
Nonapplication.
The provisions of this section shall not apply to gift certificates:
(1) distributed to a consumer for loyalty, promotional, award, incentive, rebate, or other similar purposes without any money or other tangible thing of value being given by the consumer in exchange for the gift certificate or gift card;
(2) that are sold below face value or at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes;
(3) that are debit cards or other legal access devices used to access a deposit account and that are subject to the federal disclosure rules in the Electronic Fund Transfer Act, United States Code, title 15, section 1693, et seq., and its implementing Regulation E, as amended from time to time;
(4) issued by an employer to an employee in recognition of services performed by the employee;
(5) issued by a federally chartered or state-chartered bank, bank and trust, savings bank, savings association, or credit union, or by an operating subsidiary or other affiliate of any of them, and that can be used at multiple sellers of goods and services, provided that the issuer discloses any expiration date and fee associated with the gift certificate; or
(6) that are prepaid calling cards used to make wireline or wireless calls.
Subd. 4.
Remedies.
The remedies of section 8.31 apply to violations of this section.
History:
2007 c 93 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.54 — Cancellation Without Penalty Of Wireless Contracts By Military Service Personnel.

325G.54 CANCELLATION WITHOUT PENALTY OF WIRELESS CONTRACTS BY MILITARY SERVICE PERSONNEL.
Subdivision 1.
Authority.
Any service member who has been issued orders into active duty, for deployment, or for a permanent change of duty station, or the spouse of the service member, may terminate, without penalty, a wireless service contract, or some portion of it, that is executed by or on behalf of the service member or by the spouse of that service member.
Subd. 2.
When effective.
Termination of the wireless service contract is not effective until 30 days after the service member or the service member's spouse gives notice by certified mail, return receipt requested, of the intention to terminate the wireless service contract or part of it, and provides a copy of the service member's order for activation, deployment, or change of duty station.
Subd. 3.
Enforcement.
This section may be enforced by the attorney general pursuant to section 8.31.
History:
2007 c 111 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.55 — Cancellation Without Penalty Of Rental, Club, Service, And Membership Travel Contracts By Military Service Personnel.

325G.55 CANCELLATION WITHOUT PENALTY OF RENTAL, CLUB, SERVICE, AND MEMBERSHIP TRAVEL CONTRACTS BY MILITARY SERVICE PERSONNEL.
Subdivision 1.
Application.
This section applies to any rental contracts, club contracts under section 325G.23, service contracts, and membership travel contracts under section 325G.50 in which:
(1) such a contract was executed by or on the behalf of a person who, after the execution of the contract, was issued orders into active duty, for deployment, or for a permanent change of duty station; and
(2) where as a result of the orders it is impractical for the person to enjoy the benefits of the contract.
Subd. 2.
Authority.
A service member who enters into a rental, club, membership travel, or service contract, and who is issued orders into active duty, for deployment, or for a permanent change of duty station, subsequent to the execution of the contract, is entitled to cancel the contract at no penalty and with a full refund of any money which may have been placed on deposit where the service member's military activation, deployment, or change in duty station causes it to be impractical for the service member to abide by the terms and conditions of the contract. For purposes of this section, "service contract" includes those for services such as television, computer, Internet service, or any other type of service.
Subd. 3.
Notice.
Any such contract may be terminated by notice in writing sent to the contractor by the person issued orders for active duty, for deployment, or for a permanent change of duty station, canceling the service member's rental, club, or membership travel contract. The notice must include a copy of the orders in question. Delivery of the notice must be made by certified mail addressed to the contractor. The termination of the contract is effective the day following receipt of proper notice as described in this subdivision.
Subd. 4.
Enforcement.
This section may be enforced by the attorney general pursuant to section 8.31.
History:
2007 c 111 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.01 — Definitions.

325H.01 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to sections 325H.01 to 325H.10.
Subd. 2.
Consumer.
"Consumer" means an individual who is provided access to a tanning facility.
Subd. 3.
Individual.
"Individual" means a human being.
Subd. 4.
Operator.
"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.
Subd. 5.
Person.
"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.
Subd. 6.
Tanning equipment.
"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.
Subd. 7.
Tanning facility.
"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.
Subd. 8.
Ultraviolet radiation.
"Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers.
History:
1993 c 316 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.02 — Regulations; Applicability; Exemptions.

325H.02 REGULATIONS; APPLICABILITY; EXEMPTIONS.
Subdivision 1.
Regulations; applicability.
A tanning facility in this state must be constructed, operated, and maintained according to sections 325H.01 to 325H.10.
Subd. 2.
Exemptions.
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.
History:
1993 c 316 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.04 — Protective Goggles Required.

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.
History:
1993 c 316 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.05 — Posted Warning Required.

325H.05 POSTED WARNING REQUIRED.
(a) The facility owner or operator shall conspicuously post the warning signs described in paragraphs (b) and (c) within three feet of each tanning station. The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted so that it can be easily viewed by the consumer before energizing the tanning equipment.
(b) The warning sign required in paragraph (a) shall have dimensions not less than eight inches by ten inches, and must have the following wording:
"DANGER - ULTRAVIOLET RADIATION
-Follow instructions.
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight."
(c) All tanning facilities must prominently display a sign in a conspicuous place, at the point of sale, that states it is unlawful for a tanning facility or operator to allow a person under age 18 to use any tanning equipment.
History:
1993 c 316 s 5; 2014 c 291 art 6 s 24
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.07 — Records Required.

325H.07 RECORDS REQUIRED.
The tanning facility owner or operator shall maintain a record of each consumer's total number of tanning visits at the facility, and the dates and durations of tanning exposures for a period of three years after exposure. In an apartment or a condominium a record of tokens sold is sufficient.
History:
1993 c 316 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.085 — Use By Minors Prohibited.

325H.085 USE BY MINORS PROHIBITED.
A person under age 18 may not use any type of tanning equipment as defined by section 325H.01, subdivision 6, available in a tanning facility in this state.
History:
2014 c 291 art 6 s 25
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.09 — Penalty.

325H.09 PENALTY.
Any person who leases tanning equipment or who owns a tanning facility and who operates or permits the equipment or facility to be operated in noncompliance with the requirements of sections 325H.01 to 325H.085 is guilty of a petty misdemeanor.
History:
1993 c 316 s 9; 2014 c 291 art 6 s 26
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325H — Tanning Facilities › Section 325H.10 — Local Ordinance Authorization.

325H.10 LOCAL ORDINANCE AUTHORIZATION.
Sections 325H.01 to 325H.09 do not preempt a local ordinance which provides for more restrictive regulation of tanning facilities than required in sections 325H.01 to 325H.09.
History:
1993 c 316 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325I — Videotape And Video Games › Section 325I.01 — Definitions.

325I.01 DEFINITIONS.
Subdivision 1.
General.
The definitions in this section apply to sections 325I.01 to 325I.03.
Subd. 2.
Consumer.
"Consumer" means a renter, purchaser, or subscriber of goods or services from a videotape service provider or videotape seller.
Subd. 3.
Personally identifiable information.
"Personally identifiable information" means information that identifies a person as having requested or obtained specific video materials or services from a videotape service provider or videotape seller.
Subd. 4.
Videotape seller.
"Videotape seller" means a person engaged in the business of selling prerecorded videocassette tapes or similar audiovisual materials, or a person to whom a disclosure is made by a videotape seller under section 325I.02, but only with respect to the information contained in the disclosure.
Subd. 5.
Videotape service provider.
"Videotape service provider" means a person engaged in the business of rental of prerecorded videocassette tapes or similar audiovisual materials, or a person to whom a disclosure is made by a videotape service provider under section 325I.02, but only with respect to the information contained in the disclosure.
History:
1994 c 618 art 1 s 35
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325I — Videotape And Video Games › Section 325I.03 — Enforcement; Civil Liability.

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.
History:
1994 c 618 art 1 s 37
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325I — Videotape And Video Games › Section 325I.05 — Video Captioning.

325I.05 VIDEO CAPTIONING.
Subdivision 1.
Requirement.
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.
Subd. 2.
Enforcement.
A person who violates this section is subject to the penalties and remedies provided in section 8.31, except subdivision 3a.
Subd. 3.
Application.
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.
History:
1995 c 143 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325I — Videotape And Video Games › Section 325I.06 — Restricted Video Games; Prohibitions.

325I.06 RESTRICTED VIDEO GAMES; PROHIBITIONS.
Subdivision 1.
Definition.
As used in this section, "restricted video game" means a video game rated AO or M by the Entertainment Software Rating Board.
Subd. 2.
Prohibited acts; penalty.
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.
Subd. 3.
Posted sign required.
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."
History:
2006 c 246 s 1
NOTE:
This section was found unconstitutional and its enforcement permanently enjoined in
Entertainment Software Association v. Hatch
, 443 F.Supp.2d 1065 (D.Minn. 2006) aff'd 519 F.3d 768 (8th Cir. 2008).
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325J — Pawnbrokers › Section 325J.01 — Definitions.

325J.01 DEFINITIONS.
Subdivision 1.
Scope.
As used in this chapter, the following terms have the meanings given them unless the context clearly indicates otherwise.
Subd. 2.
Appropriate law enforcement agency.
"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.
Subd. 3.
Municipality.
"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.
Subd. 4.
Pawnbroker.
(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.
Subd. 5.
Pawnshop.
"Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business.
Subd. 6.
Pawn transaction.
"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.
Subd. 7.
Person.
"Person" means an individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized.
Subd. 8.
Pledged goods.
"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.
History:
1996 c 404 s 1