reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.97 — Penalties And Remedies.

325F.97 PENALTIES AND REMEDIES.
Subdivision 1.
Disclosure penalties and remedies.
A lessor who is found to have violated sections 325F.86 to 325F.88 is subject to the penalties and remedies provided in section 8.31.
Subd. 2.
Application of other law.
A violation of section 325F.90, 325F.91, or 325F.93 shall be treated as a violation of section 325F.69. The remedies provided by section 325F.90, 325F.91, or 325F.93 are cumulative and shall not be construed as restricting any remedy that is otherwise available.
Subd. 3.
Offsets limited.
A lessee may not take any action to offset any amount for which a lessor is potentially liable under this section against any amount owed by the lessee, unless the amount of the liability of the lessor has been determined by a judgment of a court of competent jurisdiction in an action in which the lessor was a party. This section does not bar a lessee in default on an obligation arising from the rental-purchase agreement from asserting a violation of this chapter in an original action, or as defense or counterclaim to an action brought by the lessor to collect amounts owed by the lessee pursuant to the rental-purchase agreement.
Subd. 4.
Lessor's right to correct error.
A lessor is not liable under this section for a violation of sections 325F.84 to 325F.96 if, within 60 days after discovering an error and before an action for damages is filed against the lessor pursuant to this section or written notice of the error is received from the lessee, the lessor notifies the lessee of the error and makes adjustments to the account of the lessee that are necessary to assure that the lessee is not required to pay an amount in excess of the amounts actually disclosed. This subdivision applies whether the error was discovered through the lessor's own procedures or by any other means.
Subd. 5.
Limitation of liability.
A lessor is not liable under this section for damages in excess of the actual damage sustained by the lessee if the lessor shows by a preponderance of the evidence that the violation of sections 325F.84 to 325F.96 resulted from a bona fide error notwithstanding the maintenance by the lessor of procedures reasonably adopted to avoid the error. As used in this subdivision, "bona fide error" includes, but is not limited to: clerical, calculation, computer malfunction and programming, and printing errors.
History:
1990 c 527 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.981 — Check Cashing Practices.

325F.981 CHECK CASHING PRACTICES.
Subdivision 1.
Provision of credit card number.
A person shall not require as a condition of acceptance of a check, or as a means of identification, that the person presenting the check provide a credit card number.
Subd. 2.
Display without recordation.
Subdivision 1 does not prohibit a person from requesting the person presenting the check to display a credit card, but the only information concerning a credit card which may be recorded is the type and issuer of the credit card and the expiration date. Subdivision 1 does not require acceptance of a check whether or not a credit card is presented.
Subd. 3.
Exception.
A person may require production of and may record a credit card number as a condition for cashing a check only if: (1) the person requesting the card number has agreed with the issuer to cash or accept checks from the issuer's cardholders; (2) the issuer has agreed to guarantee cardholder checks cashed or accepted by that person; and (3) the cardholder has given actual, apparent, or implied authority for use of the card number in this manner and for this purpose.
History:
1991 c 88 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.982 — Consumer Identification Information.

325F.982 CONSUMER IDENTIFICATION INFORMATION.
Subdivision 1.
Prohibited use.
A person may not write down or request to be written down the address or telephone number of a credit cardholder on a credit card transaction form as a condition of accepting a credit card as payment for consumer credit, goods, or services.
Subd. 2.
Exception.
A person may record the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods, or special orders of consumer goods or services.
History:
1991 c 88 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.985 — Definitions.

325F.985 DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of sections 325F.986 and 325F.987, the terms defined in this section have the meanings given them.
Subd. 2.
Private label goods.
"Private label goods" means goods that are the subject of a private label purchase or agreement for private label purchase.
Subd. 3.
Private label purchase.
"Private label purchase" means a purchase of goods from a manufacturer for resale under a brand, trademark, or other commercial indicia that identifies the private label purchaser or its assignee as the origin of the goods for purposes of their resale.
Subd. 4.
Private label purchaser.
"Private label purchaser" means a person who makes a private label purchase from a manufacturer.
Subd. 5.
Exclusivity agreement.
"Exclusivity agreement" means an agreement for private label purchases which precludes the manufacturer of the private label goods from selling similar goods as private label goods to any third person within a defined geographical territory.
History:
1993 c 372 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.986 — Exclusivity Agreements.

325F.986 EXCLUSIVITY AGREEMENTS.
Subdivision 1.
Writing required.
Every exclusivity agreement must be in writing and signed by the party against whom the agreement is sought to be enforced.
Subd. 2.
Obligation.
A lawful exclusivity agreement imposes, unless otherwise provided in the agreement, an obligation by the private label purchaser to use reasonable efforts in the development and promotion of the sale of the private label goods within the geographical territory covered by that exclusivity agreement.
History:
1993 c 372 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.987 — Limitation On Actions.

325F.987 LIMITATION ON ACTIONS.
No private label purchaser having the obligation, under section 325F.986 or otherwise, to use reasonable efforts in the development and promotion of the sale of private label goods is entitled, absent the employment of reasonable efforts, to maintain an action, suit, or proceeding at law, in equity, in arbitration, or otherwise, to prevent the manufacturer of private label goods from selling similar goods as private label goods to any third person. This attempt to prevent sales of private label goods by the manufacturer to a third person, in the absence of the purchaser's employment of reasonable efforts, is considered an unreasonable restraint of trade.
History:
1993 c 372 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.988 — Nonapplication.

325F.988 NONAPPLICATION.
Sections 325F.985 to 325F.987 do not apply to private label goods manufactured according to the purchaser's proprietary specifications. Sections 325F.986 and 325F.987 shall not be construed to grant a private label manufacturer any rights of ownership or use of a brand, trademark or commercial indicia that is owned by another person including a private label purchaser or its assignee.
History:
1993 c 372 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.99 — Telephone Calls; Fees; Long-distance Carriers; Notice.

325F.99 TELEPHONE CALLS; FEES; LONG-DISTANCE CARRIERS; NOTICE.
Subdivision 1.
Fees for calls.
A hotel, motel, restaurant, lodging house, boarding house, resort, or place of refreshment, licensed under chapter 157, that charges a separate fee for the use of a telephone, other than immediate payment by coin, credit card, or other payment device on a per call basis for the caller to complete the call, shall provide notice on or near each telephone stating the separate fee charged for making a local, credit card, or other call.
Subd. 2.
Long-distance carrier.
Establishments governed by subdivision 1 shall provide notice on or near each telephone stating the name of the carrier with which the establishment has subscribed to provide long-distance service to that telephone.
History:
1991 c 154 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.991 — 911 Emergency Phone Service Representations.

325F.991 911 EMERGENCY PHONE SERVICE REPRESENTATIONS.
Subdivision 1.
Definitions.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(a) "911 emergency telecommunications system" means a dedicated emergency telecommunications system required by section 403.025.
(b) "Person" means an individual, corporation, firm, or other legal entity.
(c) "Service provider" means a person doing business in Minnesota who provides real-time, two-way voice service interconnected with the public switched telephone network using numbers allocated for Minnesota by the North American Numbering Plan Administration.
Subd. 2.
Representations of 911 service.
A person shall not advertise, market, or otherwise represent that the person furnishes a service capable of providing access to emergency services by dialing 911 unless the person provides a service that routes 911 calls through the 911 emergency telecommunications system.
Subd. 3.
Disclosure.
A service provider that does not provide 911 dialing that routes 911 calls through the 911 emergency telecommunications system must disclose that fact in all advertisements, marketing materials, and contracts. The disclosure must be in capital letters, in 12-point font, and on the front page of the advertisement, marketing materials, and contracts. The disclosure must state: "THIS SERVICE DOES NOT ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM."
Subd. 4.
Certain calls not 911 calls.
For purposes of this section, 911 calls routed to the general access number at a public safety answering point do not qualify as being routed through a 911 emergency telecommunications system.
History:
1Sp2005 c 1 art 4 s 93
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.992 — Prohibition Of Assignment Of Military Pay Or Military Benefits.

325F.992 PROHIBITION OF ASSIGNMENT OF MILITARY PAY OR MILITARY BENEFITS.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms in paragraphs (b) and (c) have the meanings given.
(b) "Military beneficiary" means any of the following:
(1) a current or former member of the armed forces of the United States or a reserve component of the armed forces of the United States, who receives pay or benefits from the United States, or any state, for service in the armed forces of the United States or a reserve component of the armed forces of the United States;
(2) the spouse of the member as described in clause (1); and
(3) any individual considered a beneficiary of the military benefits of the member as described in clause (1).
(c) "Person" has the meaning given in section 325F.68.
Subd. 2.
Prohibition.
(a) A person shall not enter into or attempt to enter into an agreement with a military beneficiary that assigns the military beneficiary's military pay or military benefits in violation of United States Code, title 37, section 701, or United States Code, title 38, section 5301.
(b) A person shall not enter into or attempt to enter into any agreement, device, scheme, or other artifice with a military beneficiary, including but not limited to a purchase and sale agreement, that assigns or sells all or a portion of the military beneficiary's military pay or military benefits.
(c) An agreement prohibited by paragraph (a) or (b) is void, and a military beneficiary is not required to disgorge or repay any consideration received under the agreement.
Subd. 3.
Penalties; remedies.
In addition to any other remedies available under the law, the military beneficiary injured by a violation of this section may bring a cause of action to recover damages, reasonable attorney fees and costs, and equitable relief related to a violation of subdivision 2. The attorney general may enforce this section pursuant to applicable law.
History:
2018 c 174 s 1; 2023 c 52 art 19 s 16
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.01 — Effect Of Delivery.

325G.01 EFFECT OF DELIVERY.
Unless otherwise agreed, where unsolicited goods are addressed to and sent to a person, the person has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. The receipt of such unsolicited goods shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation to the sender.
History:
1969 c 609 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.02 — Definitions.

325G.02 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 325G.02 to 325G.04 the terms defined in this section shall have meanings given them.
Subd. 2.
Financial transaction card.
"Financial transaction card" means an instrument or device, whether known as a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee card, debit card, or by any other name issued with or without fee by an issuer for the use of the holder to obtain credit, money, goods, services, or anything else of value, but does not mean a telephone company credit card.
Subd. 3.
Person.
"Person" includes an individual or family, and in the absence of agreement to the contrary, a partnership, association, corporation or other legal or commercial entity.
Subd. 4.
Issuer.
"Issuer" means a person or firm or its duly authorized agent, that issues a financial transaction card.
History:
1969 c 1004 s 1; 1985 c 243 s 1,2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.03 — Unsolicited Financial Transaction Cards.

325G.03 UNSOLICITED FINANCIAL TRANSACTION CARDS.
No person in whose name a financial transaction card is issued shall be liable for any amount resulting from use of that card from which that person or a member of the person's family or household derives no benefit unless the person has accepted the card by (1) signing or using the card, or (2) authorizing the use of the card by another. A mere failure to destroy or return an unsolicited financial transaction card is not such an acceptance. Signing or using a card is not acceptance if those acts were performed under duress as defined under section 609.08.
History:
1969 c 1004 s 2; 1985 c 243 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.04 — Lost Or Stolen Financial Transaction Cards.

325G.04 LOST OR STOLEN FINANCIAL TRANSACTION CARDS.
Subdivision 1.
Liability limited.
No person in whose name a financial transaction card has been issued which the person has accepted as provided in section 325G.03 shall be liable for any amount in excess of $50 resulting from the unauthorized use of the card from which the person or a member of the person's family or household derives no benefit; provided, however, that the limitation on liability of this subdivision shall be effective only if the issuer is notified of any unauthorized charges contained in a bill within 60 days of receipt of the bill by the person in whose name the card is issued.
Subd. 2.
Unauthorized use.
No person in whose name a financial transaction card is issued shall be liable for any amount resulting from the unauthorized use of the financial transaction card after receipt by the issuer of notice that the card has been lost or stolen and from which such person or a member of the person's family or household derives no benefit.
Subd. 3.
Unauthorized use defined.
For purposes of subdivisions 1 and 2, "unauthorized use" means a use by a person other than the customer who does not have actual, implied, or apparent authority for the use.
History:
1969 c 1004 s 3; 1985 c 243 s 4; 1986 c 444; 1987 c 349 art 1 s 37
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.041 — Married Woman; Name On Card.

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.
History:
1984 c 533 s 1; 1985 c 243 s 5; 1984 c 533 s 1; 1985 c 243 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.05 — Disputed Accounts.

325G.05 DISPUTED ACCOUNTS.
Subdivision 1.
Billing information.
Every financial transaction card issuer shall include on each billing statement the name, address, and telephone number of the department designated by it to receive requests by the customer account holder to correct mistakes or make adjustments to the billing statement.
Subd. 2.
Required response.
Every financial transaction card issuer, within 30 days of receipt from a customer account holder, in writing at the address specified in subdivision 1, of a questioned or disputed charge, shall conduct an individual inquiry into the facts and send to the customer account holder an explanatory response in clear and definite terms.
Subd. 3.
Violation.
A violation of this section shall be treated as a violation of section 325F.69.
History:
1973 c 460 s 1; 1985 c 243 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.051 — Surcharges On Credit Cards.

325G.051 SURCHARGES ON CREDIT CARDS.
Subdivision 1.
Limitation; prohibition.
(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.
Subd. 2.
Penalty.
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.
History:
1987 c 172 s 1; 2023 c 57 art 4 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.052 — Credit Card Offers And Solicitations; Address Verifications.

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.
History:
2006 c 233 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.07 — Buyer's Right To Cancel.

325G.07 BUYER'S RIGHT TO CANCEL.
In addition to any other rights the buyer may have, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the home solicitation sale occurs. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. Notice of cancellation, if given by mail, is effective upon deposit in a mailbox, properly addressed to the seller 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 buyer not to be bound by the home solicitation sale.
History:
1973 c 443 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.08 — Writing Required; Notice Of Right To Cancel; Notice Of Cancellation.

325G.08 WRITING REQUIRED; NOTICE OF RIGHT TO CANCEL; NOTICE OF CANCELLATION.
Subdivision 1.
Seller's obligations.
In a home solicitation sale, at the time the sale occurs, the seller shall:
(a) inform the buyer orally of the right to cancel;
(b) furnish the buyer with a fully completed receipt or copy of a contract pertaining to the sale which shows the date of the transaction, contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in boldface type of a minimum size of ten points, a statement in substantially the following form:
"You, the buyer, may cancel this purchase at any time prior to midnight of the third business day after the date of this purchase. See attached notice of cancellation form for an explanation of this right."; and
(c) furnish each buyer a fully completed form in duplicate, captioned, "NOTICE OF CANCELLATION," which shall be attached to the contract or receipt and easily detachable, and which shall contain in boldface type of a minimum size of ten points the following information and statements:
"NOTICE OF CANCELLATION
(enter type of goods or services purchased)
.
(goods or services)
(enter date of transaction)
.
(date)
If you do not want the goods or services described above, you may cancel your purchase by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to (Name of seller), at (Address of Seller's Place of Business) not later than midnight of (Date). If you cancel, any payments made by you under the contract or sale, any property traded in, and any instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the written instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If the seller does not pick up the goods within 20 days of the date of your notice of cancellation, you may retain or dispose of them without any further obligation.
. "
(Buyer's signature)
Subd. 2.Alternative cancellation notice.
In lieu of the notice of cancellation required by subdivision 1, the seller may provide a notice which conforms to applicable federal law or regulation so long as it provides the information required by subdivision 1. Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of the intention to cancel.
History:
1973 c 443 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.09 — Return Of Payments Or Goods.

325G.09 RETURN OF PAYMENTS OR GOODS.
Subdivision 1.
Seller's obligations.
Within ten days after a home solicitation sale has been canceled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. If the down payment includes goods traded in, the goods must also be tendered by the seller in as good condition as when received by the seller. If the seller fails to tender said goods, the buyer may elect to recover from the seller an amount equal to the trade-in allowance stated in the agreement.
Subd. 2.
Buyer's right to retain possession.
Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of the goods delivered to the buyer by the seller.
Subd. 3.
Buyer's obligation to tender goods.
Except as provided in subdivision 2, within a reasonable time after a home solicitation sale has been canceled or an offer to purchase has been revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale. The buyer is not obligated to tender at any place other than the buyer's residence.
Subd. 4.
Seller's failure to demand possession.
If the seller fails to demand possession of goods within 20 days after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them.
Subd. 5.
Buyer's duty of care.
The buyer has the duty to take reasonable care of the goods in the buyer's possession before cancellation or revocation and during the time provided in subdivision 4 for the seller to demand possession, during which time the goods are otherwise at the seller's risk.
Subd. 6.
Right to compensation limited.
If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation.
History:
1973 c 443 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.10 — Penalties For Violation.

325G.10 PENALTIES FOR VIOLATION.
Any person who is found to have violated sections 325G.06 to 325G.09 shall be subject to the penalties provided in section 8.31.
History:
1973 c 443 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.11 — Damages.

325G.11 DAMAGES.
Any person injured by a violation of sections 325G.06 to 325G.09 may recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the court.
History:
1973 c 443 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.12 — Definitions.

325G.12 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 325G.12 to 325G.14, the terms defined in this section have the meanings given them.
Subd. 2.
Personal solicitation.
"Personal solicitation" means any attempt by a seller who regularly engages in transactions of the same kind, to sell goods or services which are primarily for personal, family, or household purposes, and not for agricultural purposes, when either the seller or a person acting for the seller, contacts the buyer by telephone or in person other than at the place of business of the seller, except:
(a) an attempted sale in which the buyer personally knows the identity of the seller, the name of the business firm or organization the seller represents, and the identity or kinds of goods or services offered for sale; or
(b) an attempted sale in which the buyer has initiated the contact with the seller; or
(c) an attempted sale of a newspaper subscription in which the seller is a minor child engaged in both the delivery and sale of the newspaper.
Subd. 3.
Sale.
"Sale" includes a lease or rental.
Subd. 4.
Seller.
"Seller" includes a lessor or anyone offering goods for rent, or an assignee of a seller.
Subd. 5.
Buyer.
"Buyer" includes a lessee or anyone who gives a consideration for the use of goods or services.
History:
1975 c 372 s 1; 1976 c 239 s 92; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.13 — Disclosure Obligation.

325G.13 DISCLOSURE OBLIGATION.
Before any personal solicitation every seller shall, at the time of initial contact or communication with the potential buyer, clearly and expressly disclose: the individual seller's name, the name of the business firm or organization the seller represents, the identity or kinds of goods or services the seller wishes to demonstrate or sell, and that the seller wishes to demonstrate or sell the identified goods or services. When the initial contact is made in person, the seller shall also show the potential buyer an identification card which clearly states the seller's name and the name of the business or organization represented. The disclosures required by this section shall be made before asking any questions or making any statements except an initial greeting. Nonprofit organizations are exempt from the requirements of this section.
History:
1975 c 372 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.14 — Penalties; Remedies.

325G.14 PENALTIES; REMEDIES.
Any person who is found to have violated section 325G.13 shall be subject to the penalties and remedies provided in section 8.31.
History:
1975 c 372 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.15 — Definitions.

325G.15 DEFINITIONS.
Subdivision 1.
Scope.
As used in this section and section 325G.16, the following terms shall have the meanings assigned to them.
Subd. 2.
Consumer credit sale.
"Consumer credit sale" means a sale of goods or services in which:
(a) credit is granted by a seller who regularly engages as a seller in credit transactions of the same kind;
(b) the buyer is a natural person; and
(c) the goods or services are purchased primarily for a personal, family or household purpose, and not for commercial, agricultural, or business purpose.
Subd. 3.
Goods.
"Goods" means all tangible personal chattels, but not including money, things in action or intangible personal property other than merchandise certificates or coupons as herein described. The term includes such chattels which are 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. The term also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services sold by such seller.
Subd. 4.
Services.
"Services" means work, labor, or services of any kind.
Subd. 5.
Sale of goods.
"Sale of goods" includes, without limitation, any agreement in the form of a bailment or lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with the bailee's or lessee's obligations under the agreement. The term also includes a contract in the form of a terminable bailment or lease of goods if: (a) the bailee or lessee has the option to renew the contract by making the payments specified in the contract; (b) the contract obligates the bailor or lessor to transfer ownership of the property to the bailee or lessee for no other or a nominal consideration upon full compliance by the bailee or lessee with the bailee's or lessee's obligations under the contract including any obligation incurred by reason of the exercise of an option by the bailee or lessee to renew the contract; and (c) the payments contracted for by the bailee or lessee, including those payments pursuant to the exercise of an option by the bailee or lessee to renew the contract, are substantially equivalent to or in excess of the aggregate value of the property and services involved.
History:
1971 c 275 s 1; 1981 c 10 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.16 — Restrictions.

325G.16 RESTRICTIONS.
Subdivision 1.
Instruments.
In a consumer credit sale, the seller or lessor may not take a negotiable instrument other than a check as evidence of the obligation of the buyer or lessee. A holder is not in good faith if the holder takes a negotiable instrument with notice that it is issued in violation of this section.
Subd. 2.
Provision restrictions.
No contract or obligation relating to a consumer credit sale shall contain any provision by which:
(a) the consumer agrees not to assert against an assignee any claim or defense arising out of the transaction;
(b) in the absence of consumer's default, the holder may arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the amount owing thereunder;
(c) a power of attorney is given to confess judgment in this state, or an assignment of wages is given;
(d) the seller or holder of the contract or obligation, or a person acting on the seller's or holder's behalf, is given authority to enter upon the consumer's premises unlawfully or to commit any breach of the peace in the repossession of the goods;
(e) the consumer waives any right of action against the seller or holder of the contract or obligation, or any other person acting on the seller's or holder's behalf, for any illegal act committed in the collection of payments under the contract or obligation or in the repossession of goods;
(f) the consumer relieves the seller from any liability for any legal remedy which the consumer may have against the seller under the contract or obligation or any separate instrument executed in connection therewith.
Subd. 3.
Claims and defenses.
Any assignee of the contract or obligation relating to the consumer credit sale shall be subject to all claims and defenses of the consumer against the seller arising from the sale, notwithstanding any agreement to the contrary. Provided, however, that the assignee's liability under this subdivision shall not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee. The rights of the consumer under this subdivision can only be asserted as a matter of defense to or set off against a claim by the assignee.
Subd. 4.
Interest retained by bailor or lessor.
Any lease or bailment of goods which constitutes a consumer credit sale shall be deemed to be a sale for all purposes. The interest retained by the bailor or lessor in any such transaction shall be a security interest only.
Subd. 5.
Mandatory provision.
All contracts or obligations in the form of terminable bailment or lease of goods relating to consumer credit sales shall specify whether the goods which are the subject of the sale are new or used.
History:
1971 c 275 s 2; 1981 c 10 s 2,3; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.17 — Definitions.

325G.17 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 325G.17 to 325G.20, the terms defined in this section have the meanings given them.
Subd. 2.
Consumer sale.
"Consumer sale" means a sale of new goods, or as regards an express warranty, any goods, purchased primarily for personal, family, or household purposes, and not for agricultural or business purposes.
Subd. 3.
Goods.
"Goods" are as defined in section 325G.15.
Subd. 4.
New goods.
"New goods" mean those goods which are purchased for the first time other than for purposes of resale.
Subd. 5.
Express warranty.
"Express warranty" means a written statement arising out of a consumer sale pursuant to which the manufacturer, distributor, or retailer undertakes (1) to preserve or maintain the utility or performance of the goods or provide compensation or replacement if there is a failure in utility or performance; or (2) declares that in the event of any sample or model, that the whole of the goods conforms to the sample or model. It is not necessary to the creation of an express warranty that formal words such as "warrant" or "guarantee" be used or that a specific intention to make a warranty be present, but an affirmation merely of the value of the goods or a statement purporting to be merely an opinion or commendation of the goods does not create a warranty.
History:
1973 c 692 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.18 — Implied Warranties.

325G.18 IMPLIED WARRANTIES.
Subdivision 1.
Merchantability and fitness for intended purpose.
Unless disclaimed in the manner prescribed in subdivision 2, every consumer sale in this state shall be accompanied by an implied warranty that the goods are merchantable, and, in a consumer sale where the seller has reason to know that the goods are required for a particular purpose and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, an implied warranty of fitness. A seller may, however, limit damages or remedies for breach of implied warranties as provided in chapter 336.
Subd. 2.
Disclaimers.
No consumer sale on an "as is" or "with all faults" basis shall be effective to disclaim the implied warranty of merchantability, or, where applicable, the implied warranty of fitness, unless a conspicuous writing clearly informs the buyer, prior to the sale, in simple and concise language each of the following:
(1) the goods are being sold on an "as is" or "with all faults" basis; and
(2) the entire risk as to the quality and performance of the goods is with the buyer.
In event of a consumer sale by means of a mail order catalog, the catalog may contain the required writing in lieu of the requirement of notification prior to the sale.
History:
1973 c 692 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.19 — Express Warranties.

325G.19 EXPRESS WARRANTIES.
Subdivision 1.
Disclaimers.
No express warranty arising out of a consumer sale of new goods shall disclaim implied warranties of merchantability, or, where applicable, of fitness.
Subd. 2.
Honoring of express warranties.
The maker of an express warranty arising out of a consumer sale in this state shall honor the terms of the express warranty. In a consumer sale, the manufacturer shall honor an express warranty made by the manufacturer; the distributor shall honor an express warranty made by the distributor; and the retail seller shall honor an express warranty made by the retail seller.
Subd. 3.
Liability of manufacturer to retailer.
Every manufacturer who makes an express warranty pursuant to a consumer sale, who authorizes a retail seller within this state to perform services or repairs under the terms of the express warranty shall be liable to the retail seller in an amount equal to that which is charged by the retail seller for like service or repairs rendered to retail consumers who are not entitled to warranty protection.
History:
1973 c 692 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.20 — Remedies.

325G.20 REMEDIES.
A violation of sections 325G.17 to 325G.20 shall be treated as a violation of section 325F.69. The remedies provided by sections 325G.17 to 325G.20 are cumulative and shall not be construed as restricting any remedy that is otherwise available.
History:
1973 c 692 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.204 — Express Warranties.

325G.204 EXPRESS WARRANTIES.
Subdivision 1.
Requirement.
A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall furnish the consumer with an express warranty to preserve or maintain the utility or performance of the assistive device. The duration of the express warranty must not be less than one year after first possession of the assistive device by the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.
Subd. 2.
Nonconforming device.
If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one year after first possession of the device by the consumer, the nonconformity must be repaired or replaced.
History:
1995 c 193 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.206 — Nonconformity Disclosure Requirement.

325G.206 NONCONFORMITY DISCLOSURE REQUIREMENT.
No assistive device returned by a consumer or assistive device lessor in this state or another state may be sold or leased in this state unless full disclosure of the reason for return is made to a prospective buyer or lessee.
History:
1995 c 193 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.207 — Other Remedies.

325G.207 OTHER REMEDIES.
Subdivision 1.
Other rights and remedies available.
Sections 325G.203 to 325G.208 do not limit rights or remedies available under any other law.
Subd. 2.
Waiver of rights void.
A waiver of rights by a consumer under sections 325G.203 to 325G.208 is void.
Subd. 3.
Private right of action.
In addition to pursuing other remedies, a consumer may bring an action to recover damages caused by a violation of sections 325G.203 to 325G.208. The court shall award a consumer who prevails in the action, twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court may determine is appropriate.
History:
1995 c 193 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325G — Consumer Protection; Solicitation Of Sales › Section 325G.208 — Manufacturer's Duty To Provide Reimbursement For Temporary Replacement Of Assistive Devices; Penalties.

325G.208 MANUFACTURER'S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES; PENALTIES.
Subdivision 1.
Requirement.
Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of a defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:
(1) the repair period exceeds ten working days, including the day on which the device is tendered to the dealer for repair; or
(2) the defect, malfunction, or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
Subd. 2.
Duration of duty.
This section applies for the period of the manufacturer's express warranty.
History:
1995 c 193 s 6