reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.53 — Retail Merchandise; Price Marking.

325F.53 RETAIL MERCHANDISE; PRICE MARKING.
Subdivision 1.
Requirements.
In any store primarily engaged in the sale of grocery products at retail using an electronic or magnetic scanner to read the price of grocery products presented for check-out, every canned, bottled, boxed or bagged item of merchandise sold or offered for sale at retail shall have the selling price conspicuously displayed. If a grocery product is canned, bottled, boxed or bagged, but sold in quantities of more than one in the containers in which the product came from the manufacturer or distributor, the price may be marked on the outer containers rather than on each individual item.
Subd. 2.
Nonapplication.
Subdivision 1 does not apply to:
(a) food items intended to be consumed on or about the retail premises;
(b) grocery products sold by a store primarily engaged in the sale of grocery products at retail which are under three cubic inches in size, weigh less than three ounces, and are priced under 30 cents;
(c) grocery products sold by a store primarily engaged in the sale of grocery products offered for a period of seven days or less on sale in good faith at a price below the price such merchandise is usually sold for in the store, provided that the sale price is clearly indicated to the consumer by conspicuous sign or otherwise, located at or near the point of sale of such merchandise;
(d) cigarettes, cigars, tobacco and tobacco products with a retail price of $1 or less;
(e) items actually sold through vending machines; and
(f) any type of grocery product sold by a store primarily engaged in the sale of grocery products which is not marked in accordance with the uniform products code or any similar marking system designed to be scanned by electronic or magnetic check-out equipment.
Subd. 3.
Retailer exemptions.
In addition to the exemptions allowed in subdivision 2, a retailer may choose to not individually price mark not more than 25 classes of items or individual items which classes or items shall be set forth on a list posted in a conspicuous place in the retail store, and may choose to not individually price mark not more than 25 additional classes of items or individual items which are advertised or featured at a reduced price.
History:
1978 c 737 s 1; 2017 c 48 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.54 — Penalties.

325F.54 PENALTIES.
(a) Knowingly and willfully failing to have a clearly readable price indicated on more than six individual items of the same commodity shall constitute a petty misdemeanor and each commodity not priced in compliance with sections 325F.53 to 325F.55 shall constitute a separate violation. Each day that a violation continues shall also constitute a separate violation;
(b) Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of sections 325F.53 to 325F.55.
History:
1978 c 737 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.55 — Local Ordinance Preempted.

325F.55 LOCAL ORDINANCE PREEMPTED.
No subordinate unit of government may adopt or enforce any rule or ordinance requiring individually marked prices on retail merchandise other than that contained in sections 325F.53 to 325F.55.
History:
1978 c 737 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.56 — Definitions.

325F.56 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 325F.56 to 325F.66, the following terms have the meanings given them.
Subd. 2.
Repairs.
"Repairs" means work performed for a total price of more than $100 and less than $7,500, including the price of parts and materials, to restore a malfunctioning, defective, or worn motor vehicle, appliance, or dwelling place used primarily for personal, family, or household purposes and not primarily for business or agricultural purposes. "Repairs" do not include service calls or estimates.
Subd. 3.
Motor vehicle.
"Motor vehicle" means a vehicle which is self-propelled.
Subd. 4.
Appliance.
"Appliance" means any electrical, mechanical, or thermal device or machine.
Subd. 5.
Dwelling place.
"Dwelling place" means a room, apartment, or structure in which one or more persons live or any fixture thereof.
Subd. 6.
Shop.
"Shop" means an individual, corporation, partnership, or any other form of business organization which derives income, in whole or part, by engaging in the business of repairs.
Subd. 7.
Customer.
"Customer" means a customer of a shop and the agents of a customer.
Subd. 8.
Written estimate.
"Written estimate" means a writing which includes:
(a) the name and address of the shop;
(b) a description of the problem to be repaired as described by the customer and any specific repair requested by the customer;
(c) the charges for parts or materials listed with reasonable particularity and indicating whether the parts are new, used, rebuilt, reconditioned, or replated if this information is known by the shop. If parts, other than window glass, used in the repair are new parts, the estimate must indicate whether or not those parts are original equipment parts;
(d) a reasonable storage fee, if the shop imposes a fee for storage;
(e) labor charges;
(f) tax;
(g) any delivery charge;
(h) any other charges; and
(i) the total estimated price.
History:
1978 c 710 s 1; 1987 c 64 s 3; 1988 c 444 s 1; 1996 c 384 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.57 — Service Calls.

325F.57 SERVICE CALLS.
A shop may impose a towing, minimum, or other service charge for making a call at a place other than the shop. The service charge may be imposed in addition to any charges for making an estimate or performing repairs, and it may be imposed even though no estimate is made or repairs performed. Upon the request of the customer, the shop shall inform the customer before making a service call that a service charge will be imposed and the basis on which the charge will be calculated.
History:
1978 c 710 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.59 — Repairs.

325F.59 REPAIRS.
No shop shall charge for unauthorized repairs. No shop shall perform repairs it knows or has reason to know are unnecessary to the restoration of a motor vehicle, appliance, or dwelling place unless the customer authorizes the repairs after the shop informs the customer that they are unnecessary.
History:
1978 c 710 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.60 — Invoice.

325F.60 INVOICE.
Subdivision 1.
Definition; requirements.
Notwithstanding the provisions of section 325F.56, subdivision 2, for the purpose of this section "repair" means work of any value performed under a manufacturer's warranty, a service contract, or an insurance policy; or any repair work performed for a total value of more than $50, including the price of parts and materials, to restore a malfunctioning, defective, or worn motor vehicle, appliance, or dwelling place used primarily for personal, family, or household purposes and not primarily for business or agricultural purposes. "Repairs" do not include service calls or estimates. Upon completion of repairs, a shop shall provide the customer with a copy of a dated invoice for the repairs performed. If the customer receives a repaired motor vehicle or appliance without face to face contact with the shop, the shop shall mail the invoice to the customer within two business days after the shop has knowledge of removal of the item. The invoice shall contain the following information:
(a) the date of repair;
(b) the name and address of the shop;
(c) a description of all repairs performed;
(d) an itemization of the charges for parts, materials, labor, tax, delivery, storage or care, and any other charges assessed against the customer;
(e) a notation specifying which parts, if any, are new, used, rebuilt, reconditioned, or replated if that information is known by the shop. If parts, other than window glass, used in the repair are new parts, the invoice must indicate whether or not those parts are original equipment parts;
(f) a statement of any charge for storage or care, a service call or for making an estimate;
(g) a statement of the odometer reading at the time a motor vehicle is presented for repairs; and
(h) a statement of the symptoms, as described by the customer, for which the repairs were sought.
Subd. 2.
Estimate as invoice.
A written estimate may be used as an invoice if the required invoice information is written on the face of the estimate.
History:
1978 c 710 s 5; 1981 c 134 s 1; 1987 c 64 s 4; 1988 c 444 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.61 — Return Of Property.

325F.61 RETURN OF PROPERTY.
A shop shall return to a customer, upon reasonable demand, the customer's repaired motor vehicle or appliance if the customer pays the shop's bill except the proportion of the bill which represents:
(a) repairs, service calls, or estimates which were performed but not authorized;
(b) charges for service calls or for making estimates which exceed the charges disclosed to the customer prior to the service call or estimate; or
(c) charges for repairs which exceed 110 percent of charges authorized for repairs by the customer pursuant to section 325F.58, subdivision 6, plus 110 percent of the sum of the total prices in written estimates given in connection with repairs. Nothing in this section shall be construed to authorize repair charges in excess of reasonable charges for parts and materials and labor.
History:
1978 c 710 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.62 — Required Shop Practices.

325F.62 REQUIRED SHOP PRACTICES.
Subdivision 1.
Return of replaced parts.
If a customer makes a request before repairs are commenced, the shop shall return replaced parts to the customer, except parts which the shop is required to return to the manufacturer, distributor, or other person under a warranty or exchange arrangement, is required to retain pursuant to law, or is necessary for pending litigation. The customer shall be given an opportunity to examine warranty or exchange parts for a period of five business days after completion of repairs.
Subd. 2.
Record retention, inspection, and copying.
When repairs are performed, a shop shall retain for at least one year the name and address of the customer, any written estimates and the repair invoice. The records shall be available for reasonable inspection and copying by law enforcement officials upon reasonable prior notice and during regular business hours. Upon payment to a shop of any reasonable costs of reproduction, a customer shall have the right to a copy of documents retained by the shop reflecting any repair transaction to which the customer was a party.
Subd. 3.
Required notice to be displayed.
Each shop shall conspicuously display a sign that states the following: "Upon a customer's request, this shop is required to provide a written estimate for repairs costing $100 to $7,500 if the shop agrees to perform the repairs. The shop's final price cannot exceed its written estimate by more than ten percent without the prior authorization of the customer. You must request that the estimate be in writing. An oral estimate is not subject to the above repair cost limitations. If the shop charges a fee for the storage or care of repaired motor vehicles or appliances, the shop shall conspicuously display a sign that states the amount assessed for storage or care, when the charge begins to accrue, and the interval of time between assessments."
History:
1978 c 710 s 7; 1988 c 444 s 4; 1996 c 384 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.63 — Remedies; Penalties.

325F.63 REMEDIES; PENALTIES.
Subdivision 1.
Return of goods to customer.
A violation of section 325F.61 shall entitle the customer to the return of the repaired motor vehicle or appliance without payment of the unauthorized or excess charges, or to consequential damages, reasonable attorney's fees as determined by the court, and punitive damages not to exceed three times the total charges. Acceptance by the shop of the amount offered by the customer shall not be an admission that the amount offered is the true and correct amount owing and payable.
Subd. 2.
Failure to return parts.
If a shop refuses return of a customer's replaced parts in violation of section 325F.62, subdivision 1 despite a timely request, the shop shall be liable for the reasonable value of the parts.
Subd. 3.
Violation as fraud, misrepresentation, or deceptive practice.
Any violation of sections 325F.56 to 325F.66 shall be deemed a violation of section 325F.69, subdivision 1, and the provisions of section 8.31, shall apply.
Subd. 4.
Remedies cumulative.
The remedies of this section are to be construed as cumulative in addition to those provided by the common law and other statutes of this state.
History:
1978 c 710 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.64 — Exemptions.

325F.64 EXEMPTIONS.
Subdivision 1.
Insurance or service contracts.
Sections 325F.57 to 325F.59 and 325F.61 to 325F.66 shall not apply if an insurer or service contract company pays up to 90 percent of the charge for repairs or pays a charge for repairs above a deductible amount specified in an insurance agreement or service contract.
Subd. 2.
Free repairs.
Sections 325F.57 to 325F.59 and 325F.61 to 325F.66 shall not apply when repairs are performed free of charge to the customer under warranty.
History:
1978 c 710 s 9; 1981 c 134 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.65 — Preemption By State.

325F.65 PREEMPTION BY STATE.
The provisions of sections 325F.56 to 325F.66 shall be construed to supersede local ordinances regulating repairs, service calls, and estimates except for more restrictive regulation.
History:
1978 c 710 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.664 — New Motor Vehicle Damage Disclosures.

325F.664 NEW MOTOR VEHICLE DAMAGE DISCLOSURES.
Subdivision 1.
Definition.
For the purposes of this section, the term "new motor vehicle" means a motor vehicle as defined in section 80E.03, subdivision 7, including vehicles driven for demonstration purposes.
Subd. 2.
Disclosure of damage exceeding four percent of retail price.
(a) Before the sale of a new motor vehicle, a dealer must disclose and describe to the buyer, in a clear and conspicuous written statement and orally in the course of the sales presentation, any damage to the vehicle of which the dealer had actual knowledge, if the dealer's cost of repairs exceeded four percent of the manufacturer's suggested retail price, or $500, whichever is greater.
(b) A manufacturer, distributor, or importer must disclose and describe to its franchised dealers, in a clear and conspicuous written statement, any repaired damage exceeding four percent of the manufacturer's suggested retail price, or $500, whichever is greater.
(c) Damaged or stolen glass, tires, wheels, bumpers, radios, and in-dash audio components are excluded from the disclosure requirements of this subdivision if the damaged or stolen parts are replaced with identical manufacturer's original equipment.
History:
1989 c 188 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6641 — Disclosure Of Vehicle Damage.

325F.6641 DISCLOSURE OF VEHICLE DAMAGE.
Subdivision 1.
Prior damage disclosure.
(a) If a vehicle has sustained damage by collision or other occurrence which exceeds 80 percent of its actual cash value immediately prior to sustaining damage, the seller must disclose that fact to the buyer, if the seller has actual knowledge of the damage. The amount of damage is determined by the retail cost of repairing the vehicle based on a complete written retail repair estimate or invoice.
(b) The disclosure required under this subdivision must be made in writing on the application for title and registration or other transfer document, in a manner prescribed by the registrar of motor vehicles. The registrar must design the certificate of title form, including the assignment by seller (transferor) and reassignment by licensed dealer sections of the form, the separate application for title forms, and other transfer documents to accommodate this disclosure.
Subd. 2.
Disclosure requirements.
(a) If a motor vehicle dealer licensed under section 168.27 offers a vehicle for sale in the course of a sales presentation to any prospective buyer the dealer must provide a written disclosure and, except for sales performed online, an oral disclosure of:
(1) prior vehicle damage as required under subdivision 1;
(2) the existence or requirement of any title brand under section 168A.05, subdivision 3, 168A.151, 325F.6642, or 325F.665, subdivision 14, if the dealer has actual knowledge of the brand; and
(3) if a motor vehicle, which is part of a licensed motor vehicle dealer's inventory, has been submerged or flooded above the bottom dashboard while parked on the dealer's lot.
(b) If a person receives a flood disclosure as described in paragraph (a), clause (3), whether from a motor vehicle dealer or another seller, and subsequently offers that vehicle for sale, the person must provide the same disclosure to any prospective subsequent buyer.
(c) Written disclosure under this subdivision must be signed by the buyer and maintained in the motor vehicle dealer's sales file in the manner prescribed by the registrar of motor vehicles.
(d) The disclosure required in subdivision 1 must be made in substantially the following form: "To the best of my knowledge, this vehicle has ..... has not ..... sustained damage in excess of 80 percent actual cash value."
History:
1989 c 188 s 6; 1993 c 93 s 13; 2005 c 94 s 3,4; 2012 c 267 s 5; 2022 c 57 s 10; 2023 c 57 art 4 s 15; 2023 c 68 art 5 s 48
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6642 — Title Branding.

325F.6642 TITLE BRANDING.
Subdivision 1.
Flood damage.
If the application for title and registration indicates that the vehicle has been classified as a total loss because of water or flood damage, or that the vehicle bears a "flood damaged" or similar brand, the registrar of motor vehicles must record the brand "flood damaged" on the certificate of title and all subsequent certificates of title issued for that vehicle.
Subd. 2.
Salvage vehicles.
(a) Upon transfer and application for title to all vehicles for which the "salvage" brand is required under section 168A.151, subdivision 1, the registrar of motor vehicles must (1) record the brand "salvage" on the first certificate of title, and (2) subject to section 168A.152, record the brand "prior salvage" on all subsequent certificates of title issued for that vehicle.
(b) Notwithstanding paragraph (a), a "prior salvage" brand is not required for a recovered intact vehicle, as defined in section 168A.01, subdivision 16b.
Subd. 2a.
Prior salvage.
Upon application for title to all vehicles for which the "prior salvage" brand is required under section 168A.151, subdivision 1, the registrar of motor vehicles must record the brand "prior salvage" on the certificate of title and all subsequent certificates of title issued for that vehicle.
Subd. 2b.
Certain damaged vehicles.
Upon transfer and application for title to a vehicle that is subject to section 325F.6641, subdivision 1, the registrar of motor vehicles must (1) record the brand "salvage" on the first certificate of title, and (2) subject to section 168A.152, record the brand "prior salvage" on all subsequent certificates of title issued for that vehicle.
Subd. 3.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
Subd. 4.
Reconstructed vehicles.
For vehicles that are reconstructed within the meaning of section 168A.15, the registrar must record the brand "reconstructed" on the certificate of title and all subsequent certificates of title.
Subd. 5.
Manner of branding.
Each brand designation under this section or section 168A.05, subdivision 3, 168A.151, or 325F.665, subdivision 14, required on a certificate of title must be made by the registrar of motor vehicles in a clear and conspicuous manner, in a format different from all other writing on the certificate of title.
Subd. 6.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
Subd. 7.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
Subd. 8.
MS 2020 [Repealed by amendment, 2022 c 57 s 11]
History:
1989 c 188 s 7; 1993 c 93 s 14-18; 2022 c 57 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6643 — Remedies; Penalties.

325F.6643 REMEDIES; PENALTIES.
(a) A person who violates sections 325F.664 to 325F.6642 is subject to the remedies and penalties, including a private right of action, provided in section 8.31.
(b) A person injured by a violation of sections 325F.664 to 325F.6642 shall recover the actual damages sustained, together with costs and disbursements, including reasonable attorney fees. In its discretion, the court may increase the award of damages to an amount not to exceed three times the actual damages sustained, or $2,500, whichever is greater.
(c) The relief provided in this section is in addition to any remedies otherwise available under the common law or other statutes of this state.
History:
1989 c 188 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6651 — Definitions.

325F.6651 DEFINITIONS.
Subdivision 1.
Application.
For the purpose of sections 325F.6651 to 325F.6658, the following terms have the meanings given them.
Subd. 2.
Farm tractor.
"Farm tractor" means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry, as defined in section 169.011, subdivision 35, that is self-propelled.
Subd. 3.
Consumer.
"Consumer" means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm equipment dealer.
Subd. 4.
Manufacturer.
"Manufacturer" means a person engaged in the business of manufacturing, assembling, or distributing farm tractors, who under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors.
Subd. 5.
Manufacturer's express warranty; warranty.
"Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
Subd. 6.
Fair rental value.
"Fair rental value" means the rental value calculated in accordance with the "Tractor and Farm Equipment Trade-In Guide" published by the National Farm and Power Equipment Dealers Association.
Subd. 7.
Nonconformity.
"Nonconformity" means any condition of the farm tractor that makes it impossible to use for the purpose for which it was intended.
Subd. 8.
Reasonable allowance for prior use.
"Reasonable allowance for prior use" shall mean no less than the fair rental value of the farm tractor and shall be the sum of:
(1) that amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers;
(2) that amount attributable to use by the consumer during any period subsequent to such report of the reported nonconformity; and
(3) that amount attributable to use by the consumer of the farm tractor provided by the manufacturer or its authorized dealers while the farm tractor is out of service by reason of repair of the reported nonconformity.
History:
1986 c 422 art 2 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6652 — Notice To Consumer.

325F.6652 NOTICE TO CONSUMER.
At the time of purchase the manufacturer must provide directly to the consumer a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form: "IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE."
History:
1986 c 422 art 2 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6653 — Manufacturer's Duty To Repair.

325F.6653 MANUFACTURER'S DUTY TO REPAIR.
If a farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of the express written warranties or during the period of one year following the date of the original delivery of the farm tractor to the consumer, whichever is earlier, the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the one-year period. For a self-propelled vehicle this section is limited to warranties on the engine and power train.
History:
1986 c 422 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6654 — Manufacturer's Duty To Refund Or Replace.

325F.6654 MANUFACTURER'S DUTY TO REFUND OR REPLACE.
Subdivision 1.
Duty.
(a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the time periods and after the number of attempts specified in subdivision 2, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable one, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county recorder's office. If no replacement or refund is made, the consumer may bring a civil action to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered an opportunity to cure the condition alleged within a reasonable time that is not to exceed 60 business days.
(b) For a self-propelled vehicle, this section is limited to warranties on the engine and power train.
Subd. 2.
When duty arises.
The replacement or refund obligation specified in subdivision 1 shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within the express written warranty term or during the period of one year following the date of the original physical delivery of the farm tractor to the consumer, whichever is the earlier date, and (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist; or (2) the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 60 or more business days when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted.
History:
1986 c 422 art 2 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6655 — Extension Of Warranty.

325F.6655 EXTENSION OF WARRANTY.
The terms of any express written warranty, the one-year period, and the 60-day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, or strike, or fire, flood, or other natural disaster.
History:
1986 c 422 art 2 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6657 — Affirmative Defenses.

325F.6657 AFFIRMATIVE DEFENSES.
It shall be an affirmative defense to claim under sections 325F.6651 to 325F.6658 that (1) an alleged nonconformity does not substantially impair such use and market value, or (2) a nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm tractor not authorized by the manufacturer.
History:
1986 c 422 art 2 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6658 — Limitation On Actions.

325F.6658 LIMITATION ON ACTIONS.
Any action brought under sections 325F.6651 to 325F.6658 shall be commenced within six months following (1) expiration of the express written warranty term, or (2) one year following the date of the original delivery of the farm tractor to the customer, whichever is later.
History:
1986 c 422 art 2 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6659 — Remedy Nonexclusive.

325F.6659 REMEDY NONEXCLUSIVE.
Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.
History:
1986 c 422 art 2 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.666 — Unlawful Reassignment Of Certain Motor Vehicle Contracts.

325F.666 UNLAWFUL REASSIGNMENT OF CERTAIN MOTOR VEHICLE CONTRACTS.
Subdivision 1.
Contracts subject to law.
This section applies to contracts that transfer a right or interest in a motor vehicle, including lease contracts, conditional sales contracts, retail sales installment contracts, and security agreements.
Subd. 2.
Unauthorized transfers.
A person who is not a party to a contract referred to in subdivision 1, and who has not first obtained written authorization from the secured creditor, lessor, or lienholder, may not do the following acts if that person receives consideration for so doing:
(1) get control of the motor vehicle and then sell, transfer, assign, or lease it to another person; or
(2) assist, cause, or arrange the actual or purported sale, transfer, assignment, or lease of the motor vehicle to another person.
Subd. 3.
Civil remedies.
Any person injured by a violation of this section may bring a civil action to enforce this section and recover any actual damages, costs and disbursements, including reasonable attorneys fees incurred in the civil action. In addition to the remedies provided in this section, the attorney general may bring an action pursuant to section 8.31 against any person for violation of this section.
History:
1991 c 12 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.6670 — Equipment Required At Time Of Sale.

325F.6670 EQUIPMENT REQUIRED AT TIME OF SALE.
(a) No farm equipment dealer or other seller required to collect an excise tax under section 297A.62 may sell a farm tractor as defined in section 325F.6651, subdivision 2, unless, at the time of sale, the tractor is equipped with safety equipment as provided in paragraphs (b) and (c).
(b) If originally provided by the manufacturer, the farm tractor must have:
(1) power-take-off shields; and
(2) road transport lighting and reflector systems.
(c) Whether or not originally provided by the manufacturer, the farm tractor must have a slow-moving vehicle sign displayed in accordance with section 169.522.
History:
1991 c 254 art 3 s 24; 2000 c 418 art 1 s 44
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.67 — False Statement In Advertisement.

325F.67 FALSE STATEMENT IN ADVERTISEMENT.
Any person, firm, corporation, or association who, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association, directly or indirectly, to the public, for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, label, price tag, circular, pamphlet, program, or letter, or over any radio or television station, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, for use, consumption, purchase, or sale, which advertisement contains any material assertion, representation, or statement of fact which is untrue, deceptive, or misleading, shall, whether or not pecuniary or other specific damage to any person occurs as a direct result thereof, be guilty of a misdemeanor, and any such act is declared to be a public nuisance and may be enjoined as such.
The duty of a strict observance and enforcement of this law and prosecution for any violation thereof is hereby expressly imposed upon the attorney general, and it shall be the duty of the county attorney of any county wherein a violation of this section shall have occurred, upon complaint being made, to prosecute any person violating any of the provisions of this section.
History:
(10390, 10391) 1913 c 51 s 1; 1915 c 309 s 1,2; 1953 c 438 s 1; 1967 c 302 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.68 — Definitions.

325F.68 DEFINITIONS.
Subdivision 1.
Scope.
The following words and terms where used in sections 325F.68 to 325F.70 shall have the meanings ascribed to them in this section.
Subd. 2.
Merchandise.
"Merchandise" means any objects, wares, goods, commodities, intangibles, real estate, loans, or services.
Subd. 3.
Person.
"Person" means any natural person or a legal representative, partnership, corporation (domestic and foreign), company, trust, business entity, or association, and any agent, employee, salesperson, partner, officer, director, member, stockholder, associate, trustee, or cestui que trust thereof.
Subd. 4.
Sale.
"Sale" means any sale, offer for sale, or attempt to sell any merchandise for any consideration.
Subd. 5.
Going out of business sale.
"Going out of business sale" means any sale advertised or held out to the public as a sale in anticipation of the imminent termination of a business, including any sale advertised or held out to the public as a "going out of business sale," a "close out sale," a "loss of lease sale," a "must vacate sale," a "bankruptcy sale," or in any similar terms.
History:
1963 c 842 s 1; 1985 c 148 s 2; 1986 c 444; 1997 c 157 s 60
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.691 — Unreasonable Delay In Mortgage Loan Closing.

325F.691 UNREASONABLE DELAY IN MORTGAGE LOAN CLOSING.
Subdivision 1.
Prohibited conduct.
(a) A lender, as defined in section 47.206, who causes unreasonable delay in processing a loan application beyond the expiration date of an interest rate or discount point agreement is liable to the borrower for a penalty in an amount not to exceed the borrower's actual out-of-pocket damages, including the present value of the increased interest costs over the normal life of the loan, or specific performance of the agreement. This paragraph applies to an agreement entered into after July 1, 2004.
(b) For purposes of this section, evidence of unreasonable delay includes, but is not limited to:
(1) failure of the lender to return telephone calls or otherwise respond to the borrower's inquiries concerning the status of the loan;
(2) the addition by the lender of new requirements for processing or approving the loan that were not disclosed to the borrower under section 47.206, subdivision 2, clause (3), unless the requirements result from governmental agency or secondary mortgage market changes, other than changes in interest rates, that occur after the date of the agreement; or
(3) failure by the lender to take actions necessary to process or approve the loan within a reasonable period of time, if the borrower provided information requested by the lender in a timely manner.
Subd. 2.
Additional penalty.
In addition to the remedies in subdivision 1 of this section, a lender is liable to the borrower for $500 for each unreasonable delay in processing a loan application which causes an interest rate or discount point agreement to expire before closing.
History:
2004 c 203 art 1 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.693 — Fraudulent Telephone Services; Slamming.

325F.693 FRAUDULENT TELEPHONE SERVICES; SLAMMING.
Subdivision 1.
Definitions.
(a) For the purposes of this section, a "telephone service subscriber" means a person who contracts with a telephone company for telephone services or a telecommunications company for telecommunications services.
(b) The definitions contained in chapter 237 apply to this section.
Subd. 2.
Slamming deemed consumer fraud.
(a) It is fraud under section 325F.69 to request a change in a telephone service subscriber's local exchange or interexchange carrier without the subscriber's verified consent.
(b) A telephone service subscriber may employ the remedies provided in section 237.66 for violations of paragraph (a). Section 8.31 may also be employed to remedy violations of paragraph (a).
(c) For the purposes of paragraph (a):
(1) the consent of the telephone service subscriber may be verified utilizing any method that is consistent with federal law or regulation;
(2) compliance with applicable federal law and regulation, or state law and rule, whichever is more stringent, is a complete defense to an allegation of consumer fraud under paragraph (a); and
(3) it is the responsibility of the company or carrier requesting a change in a telephone service subscriber's company or carrier to verify that the subscriber has authorized the change. A telephone company or telecommunications carrier providing local exchange service who has been requested by another telephone company or telecommunications carrier to process a change in a subscriber's carrier is only liable under this section if it knowingly participates in processing a requested change that is unauthorized.
Nothing in this section shall be construed to change a telephone company's or telecommunications carrier's obligations under section 237.66.
History:
1997 c 68 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.696 — Liability For Unauthorized Use Of Cellular Telephones.

325F.696 LIABILITY FOR UNAUTHORIZED USE OF CELLULAR TELEPHONES.
Subdivision 1.
Liability limited.
A customer is not liable for cellular telephone charges imposed by a wireless service provider that result from the unauthorized use of the customer's cellular telephone. There is a rebuttable presumption that any use of a cellular telephone after the wireless service provider has been notified that the telephone is lost or stolen is unauthorized, provided that the customer agreed to suspend use of the wireless device.
Subd. 2.
Unauthorized use defined.
For purposes of subdivision 1, "unauthorized use" means use by a person other than the customer who does not have actual, implied, or apparent authority for the use.
History:
2009 c 54 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.697 — Live Check Solicitation Prohibited.

325F.697 LIVE CHECK SOLICITATION PROHIBITED.
Subdivision 1.
Definition.
For purposes of this section, "live check" means a negotiable check, money order, draft, or other instrument, the presentment or negotiation of which may obligate a consumer to pay for a good or service. For the purposes of this section, "live check" does not include a live check issued by a lender or financial institution, as defined in section 47.605, subdivision 1.
Subd. 2.
Live check solicitation deemed deceptive sales practice.
It is a deceptive practice under section 325F.69 to solicit a Minnesota resident for the sale of a good or service by providing a live check payable to the addressee, the presentment or negotiation of which obligates the addressee to purchase a good or service.
History:
2010 c 192 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.698 — Smartphone Antitheft Protection.

325F.698 SMARTPHONE ANTITHEFT PROTECTION.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Smartphone" means a cellular phone or other mobile device that: (1) is built on a smartphone mobile operating system; (2) possesses advanced computing capability; (3) enables network connectivity; and (4) is capable of operating on a long-term evolution network and successor wireless data network communication standards. Capabilities a smartphone may possess include, but are not limited to, built-in applications, Internet access, digital voice service, text messaging, email, and web browsing. Smartphone does not include a phone commonly referred to as a feature or messaging phone, a laptop computer, a tablet device, or a device that has only electronic reading capability.
Subd. 2.
Antitheft functionality required.
Any new smartphone manufactured on or after July 1, 2015, sold or purchased in Minnesota must be equipped with preloaded antitheft functionality or be capable of downloading that functionality. The functionality must be available to purchasers at no cost.
History:
2014 c 241 art 1 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.70 — Remedies.

325F.70 REMEDIES.
Subdivision 1.
Injunction.
The attorney general or any county attorney may institute a civil action in the name of the state in the district court for an injunction prohibiting any violation of sections 325F.68 to 325F.70. The court, upon proper proof that defendant has engaged in a practice made enjoinable by section 325F.69, may enjoin the future commission of such practice. It shall be no defense to such an action that the state may have adequate remedies at law.
Subd. 2.
Service of process.
Service of process shall be as in any other civil suit, except that where a defendant in such action is a natural person or firm residing outside the state, or is a foreign corporation, service of process may also be made by personal service outside the state, or in the manner provided by section 5.25, or in such manner as the court may direct. Process is valid if it satisfies the requirements of due process of law, whether or not defendant is doing business in Minnesota regularly or habitually.
Subd. 3.
Private enforcement.
(a) In addition to the remedies otherwise provided by law, a consumer injured by a violation of sections 325F.68 to 325F.70, in connection with a sale of merchandise for personal, family, household, or agricultural purposes, may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney fees, and receive other equitable relief as determined by the court. An action brought under this section benefits the public.
(b) For the purposes of this subdivision:
(1) "consumer" means a natural person or family farmer;
(2) "family farmer" means a person or persons operating a family farm; and
(3) "family farm" has the meaning given in section 116B.02, subdivision 6.
History:
1963 c 842 s 3; 1967 c 302 s 2; 1995 c 128 art 1 s 16; 2023 c 52 art 19 s 15