reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.72 — Disclosure Of Special Care Status Required.

325F.72 DISCLOSURE OF SPECIAL CARE STATUS REQUIRED.
Subdivision 1.
Persons to whom disclosure is required.
Only assisted living facilities with dementia care licenses under chapter 144G may advertise, market, or otherwise promote the facility as providing specialized care for dementia or related disorders. All assisted living facilities with dementia care licenses shall provide a written disclosure to the following:
(1) the commissioner of health, if requested;
(2) the Office of Ombudsman for Long-Term Care; and
(3) each person seeking placement within a residence, or the person's legal and designated representatives, as those terms are defined in section 144G.08, before an agreement to provide the care is entered into.
Subd. 2.
Content.
Written disclosure shall include, but is not limited to, the following:
(1) a statement of the overall philosophy and how it reflects the special needs of residents with Alzheimer's disease or other dementias;
(2) the criteria for determining who may reside in the secured dementia care unit as defined in section 144G.08, subdivision 62;
(3) the process used for assessment and establishment of the service plan, including how the plan is responsive to changes in the resident's condition;
(4) staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;
(5) physical environment as well as design and security features that specifically address the needs of residents with Alzheimer's disease or other dementias;
(6) frequency and type of programs and activities for residents of the assisted living facility with dementia care;
(7) involvement of families in resident care and availability of family support programs;
(8) fee schedules for additional services to the residents of the secured dementia care unit; and
(9) a statement that residents will be given a written notice 30 calendar days prior to changes in the fee schedule.
Subd. 3.
Duty to update.
Substantial changes to disclosures must be reported to the parties listed in subdivision 1 at the time the change is made.
Subd. 4.
Remedy.
The attorney general may seek the remedies set forth in section 8.31 for repeated and intentional violations of this section. However, no private right of action may be maintained as provided under section 8.31, subdivision 3a.
History:
1Sp2001 c 9 art 1 s 57; 2002 c 379 art 1 s 113; 2007 c 147 art 7 s 75; 2019 c 60 art 1 s 47; art 4 s 31,32
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.725 — Sober Home Title Protection.

325F.725 SOBER HOME TITLE PROTECTION.
No person or entity may use the phrase "sober home," whether alone or in combination with other words and whether orally or in writing, to advertise, market, or otherwise describe, offer, or promote itself, or any housing, service, service package, or program that it provides within this state, unless the person or entity meets the definition of a sober home in section 254B.01, subdivision 11, and meets the requirements of section 254B.181.
History:
2023 c 61 art 4 s 20
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.731 — Definitions.

325F.731 DEFINITIONS.
Subdivision 1.
Terms.
For the purposes of Laws 1981, chapter 333, sections 1 to 17, the following terms have the meanings given them.
Subd. 2.
Precious metal dealer.
"Precious metal dealer" means any natural person, partnership, or corporation, either as principal or agent, engaging in the business of buying secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects.
Subd. 3.
Precious metals.
"Precious metals" means silver, gold, and platinum.
Subd. 4.
Item containing precious metal.
"Item containing precious metal" means an item made in whole or in part of metal and containing more than one percent by weight of silver, gold or platinum.
History:
1981 c 333 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.732 — License.

325F.732 LICENSE.
Subdivision 1.
Requirement.
Except as provided for in subdivision 2, it is unlawful for a precious metal dealer to engage in or transact any business as such without having a valid license as provided in section 325F.733.
Subd. 2.
Scope.
The requirements of Laws 1981, chapter 333, sections 1 to 17 do not apply to the following:
(1) transactions at occasional "garage" or "yard" sales, or estate sales or farm auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of sections 325F.734 to 325F.742 for these transactions;
(2) transactions regulated by chapter 80A;
(3) transactions regulated by the Federal Commodity Futures Commission Act, Public Law 93-463;
(4) transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof;
(5) transactions involving the purchase of photographic film, such as lithographic and x-ray film, or silver residue or flake recovered in lithographic and x-ray film processing;
(6) transactions involving coins, bullion, or ingots;
(7) transactions in which the second hand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a natural person, partnership or corporation who is a precious metal dealer by engaging in a transaction which is not exempted by this section must comply with the requirements of sections 325F.734 to 325F.742;
(8) transactions between precious metal dealers if both dealers are licensed under section 325F.733 or if the seller's business is located outside of the state and the item is shipped from outside the state to a dealer licensed under section 325F.733;
(9) transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2,500 for secondhand items containing precious metals purchased within any period of 12 consecutive months.
History:
1981 c 333 s 2; 2010 c 382 s 65
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.734 — Identification Of Sellers.

325F.734 IDENTIFICATION OF SELLERS.
Every precious metal dealer shall require a seller of secondhand items containing precious metals to present to the dealer at the time of the transaction an identification card of the seller containing a picture of the seller and the seller's address.
History:
1981 c 333 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.735 — Records Required.

325F.735 RECORDS REQUIRED.
Every precious metal dealer shall keep a book at the dealer's business location in which shall be clearly written in ink, in the English language, at the time of each transaction, or as close thereto as possible, the following information:
(1) an accurate description of every secondhand item containing precious metals bought, including the type of item, number of items, brand name of item, if any, engraving or other identifying features of the item, if any, and a description of any gems attached;
(2) the amount of money paid;
(3) the date of the transaction; and
(4) from the identification card containing a picture of the seller, the type of card presented and the serial number of the card, if any, and the name and address of the person selling the item. The book, as well as the item in the possession of the dealer, shall at all reasonable times be open to inspection by any police officer of the city wherein the business is located or the sheriff or any deputy sheriff of the county wherein the business is located.
History:
1981 c 333 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.736 — Required Holding Period.

325F.736 REQUIRED HOLDING PERIOD.
Every precious metal dealer shall keep in possession at the dealer's business location or other location within the licensing county from the time of the transaction or as close thereto as possible, for a period of no less than 14 days, every secondhand item containing precious metal purchased by the dealer unless the item is purchased or consigned from another dealer licensed under section 325F.733. The item shall not be altered at the time of sale and shall remain unaltered during the required holding period.
History:
1981 c 333 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.737 — Additional Holding Period.

325F.737 ADDITIONAL HOLDING PERIOD.
The sheriff or a designee may by written notification require a precious metal dealer licensed in the sheriff's county not to sell or alter a secondhand item containing precious metal if the sheriff or designee has probable cause that the item is stolen. The item shall not be sold, altered, or removed from the licensed premises until authorized to be released in writing by the sheriff or a designee.
The chief of police or a designee may also exercise this same authority for licensed businesses, within the chief's jurisdiction.
History:
1981 c 333 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.738 — Trading.

325F.738 TRADING.
It is unlawful to trade or barter in a manner intended to avoid identification and recording of transactions under sections 325F.734 and 325F.735 and payment under section 325F.741.
History:
1981 c 333 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.739 — Certain Purchases Prohibited.

325F.739 CERTAIN PURCHASES PROHIBITED.
It is unlawful for a precious metal dealer to purchase a secondhand item containing precious metals from a person under 18 years of age unless the person is accompanied by the person's parent or guardian who is identified and whose identity is recorded in accordance with sections 325F.734 and 325F.735.
History:
1981 c 333 s 9; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.741 — Payment By Check.

325F.741 PAYMENT BY CHECK.
Payment by a precious metal dealer for the purchase of a secondhand item containing precious metal shall be made only by a check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution.
History:
1981 c 333 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.742 — Governmental Subdivisions May Regulate.

325F.742 GOVERNMENTAL SUBDIVISIONS MAY REGULATE.
The provisions of Laws 1981, chapter 333, sections 1 to 17 shall not be construed as prohibiting, or in any way limiting, or interfering with the right of any governmental subdivision of the state to regulate or license precious metal dealers within its jurisdiction in a manner more restrictive than Laws 1981, chapter 333, sections 1 to 17; provided, that transactions described in section 325F.732, subdivision 2, shall not be regulated in a manner inconsistent with Laws 1981, chapter 333, sections 1 to 17.
History:
1981 c 333 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.743 — Criminal Penalty.

325F.743 CRIMINAL PENALTY.
Any person who violates any provision of Laws 1981, chapter 333, sections 1 to 17, is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $40,000, or both.
History:
1981 c 333 s 12; 1984 c 628 art 3 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.744 — Civil Penalty.

325F.744 CIVIL PENALTY.
The attorney general or any county attorney may institute a civil action in the name of the state in the district court to revoke, deny or suspend for a period of time the license on the ground that the licensee has violated a provision of Laws 1981, chapter 333, sections 1 to 17. For this purpose, the attorney general or county attorney shall be invested with the additional powers contained in section 8.31. It is no defense to the action that the state has adequate remedies at law.
History:
1981 c 333 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.76 — Definitions.

325F.76 DEFINITIONS.
Subdivision 1.
Terms.
For the purposes of sections 325F.76 to 325F.78, the terms defined in this section have the meanings given them.
Subd. 2.
Chewing tobacco.
"Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth.
Subd. 3.
Distribute.
"Distribute" means to give products to the general public at no cost or at nominal cost for product promotional purposes.
Subd. 4.
Package.
"Package" means a pack, box, or container of any kind in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed.
Subd. 5.
Person.
"Person" means any individual, partnership, corporation, or other business or legal entity.
Subd. 6.
Smokeless tobacco.
"Smokeless tobacco" means chewing tobacco or tobacco snuff.
Subd. 7.
Tobacco snuff.
"Tobacco snuff" means a small amount of shredded, powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user.
History:
1986 c 352 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.77 — Promotional Distribution.

325F.77 PROMOTIONAL DISTRIBUTION.
Subdivision 1.
[Repealed, 1987 c 399 s 5]
Subd. 2.
[Repealed, 1987 c 399 s 5]
Subd. 3.
Legislative intent.
Because the state prohibits both the use of tobacco products by minors and the furnishing of tobacco products to minors, and because the enforcement of an age-related restriction on the promotional distribution of tobacco products is impractical and ineffective, it is the intent of the legislature to control the distribution of these products and discourage illegal activity by prohibiting all promotional distribution, except as allowed in this section.
Subd. 4.
Prohibition.
No person shall distribute smokeless tobacco products or cigarettes, cigars, pipe tobacco, or other tobacco products as defined in section 297F.01, subdivision 19, except that single serving samples of tobacco may be distributed in tobacco stores.
History:
1986 c 352 s 2; 1987 c 399 s 3,4; 2010 c 305 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.78 — Remedies.

325F.78 REMEDIES.
The attorney general may institute a civil action in the name of the state of Minnesota in the district court for an injunction prohibiting any violation of section 325F.77. The court, upon notice to the defendant of not less than five days, and upon proof that defendant has engaged in the practice prohibited by section 325F.77, may enjoin the future commission of the practice. The court may impose a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may recover costs and disbursements, including costs of investigation and reasonable attorneys fees.
History:
1986 c 352 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.783 — Auto Glass Repair Or Replacement.

325F.783 AUTO GLASS REPAIR OR REPLACEMENT.
(a) No person who provides retail auto glass products or services paid for in whole or in part, directly or indirectly, by an insurer regarding an insurance claim may:
(1) waive, forgive, or pay all or any part of an applicable insurance deductible; or
(2) as an inducement to the sale of goods or services to an insured, advertise or give any rebate, gift, prize, bonus, coupon, credit, referral fee, trade-in or trade-in payment, advertising or other fee or payment, or any other tangible thing or item of monetary value, directly or indirectly, to an insured or any other person not in the employ of the seller.
(b) The attorney general may pursue the penalties and remedies available to the attorney general under section 8.31 against any person who violates this section.
History:
2000 c 342 s 3; 2002 c 283 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.785 — Sales Of Hiv Home Collection Kits And Hypodermic Syringes And Needles.

325F.785 SALES OF HIV HOME COLLECTION KITS AND HYPODERMIC SYRINGES AND NEEDLES.
Subdivision 1.
Information to purchasers.
A seller may provide each purchaser of an HIV home collection kit or hypodermic syringes and needles as authorized in section 151.40, at the time of purchase, with written information about the telephone numbers for public HIV counseling and testing sites, the state's HIV hotline, disposal of used syringes, and general HIV prevention and care.
Subd. 2.
Assistance for sellers.
The commissioner of health shall provide technical assistance and materials to pharmacies and to sellers related to compliance with this section and section 151.40. The commissioner, in consultation with organizations specializing in HIV prevention, shall provide printed materials, including the written information described under subdivision 1, at no charge to pharmacies that sell hypodermic needles or syringes under section 151.40, and sellers of HIV home collection kits under this section. A pharmacy or seller may request and the commissioner may authorize use of other methods for providing written information to purchasers. The commissioner may use funds appropriated under section 145.924, to provide technical assistance and materials.
History:
1997 c 203 art 2 s 27
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.79 — Definitions.

325F.79 DEFINITIONS.
For purposes of sections 325F.79 to 325F.792, the following definitions apply:
(a) "Animal" means a dog, wholly or in part of the species Canis familiaris, or a cat, wholly or in part of the species Felis domesticus.
(b) "Pet dealer" means any person, firm, partnership, corporation, or association, including breeders, that is required to collect sales tax for the sale of animals to the public. Pet dealer does not include humane societies, nonprofit organizations performing the functions of humane societies, or animal control agencies.
(c) "Breeder" means any person, firm, partnership, corporation, or association that breeds animals for direct or indirect sale to the public.
(d) "Broker" means a person, firm, partnership, corporation, or association that purchases animals for resale to other brokers or pet dealers.
(e) "Health problem" means any disease, illness, or congenital or hereditary condition which would impair the health or function of the animal that is apparent at the time of sale, or which should have been apparent to the seller from the veterinary history of the animal.
(f) "Veterinarian" means a licensed veterinarian in the state of Minnesota.
History:
1992 c 585 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.792 — Additional Penalties.

325F.792 ADDITIONAL PENALTIES.
Subdivision 1.
Criminal penalty.
A violation of any United States Department of Agriculture statute or regulation covering animal breeders or groomers, pet dealers, or the transportation of dogs or cats is a misdemeanor.
Subd. 2.
Civil penalty.
(a) A pet dealer who:
(1) sells an animal without delivery of the disclosure required in section 325F.791, subdivision 1;
(2) fails to maintain the records required by section 325F.791, subdivision 2;
(3) fails to provide registration papers as provided in section 325F.791, subdivision 3;
(4) fails to make or provide payment for the examinations required by section 325F.791, subdivision 4;
(5) fails to post the notice required by section 325F.791, subdivision 9; or
(6) fails to provide the statement of consumer rights required by section 325F.791, subdivision 10,
is subject to a civil fine of up to $1,000 per violation.
(b) Civil fines collected under this subdivision shall be collected by the court and turned over to the prosecuting attorney.
History:
1992 c 585 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.795 — Unauthorized Possession Of Merchandise Pallets.

325F.795 UNAUTHORIZED POSSESSION OF MERCHANDISE PALLETS.
Subdivision 1.
Definitions.
(a) "Merchandise" means objects, wares, goods, or commodities.
(b) "Merchandise pallet" means a plastic carrier or plastic container, ranging in size from 36 inches to 54 inches with a forklift entry, used by a manufacturer or distributor to transport merchandise, which has a notice permanently affixed to it by the owner that does all of the following:
(1) identifies the company name of the owner of the pallet;
(2) notifies the public that the unauthorized possession of the pallet is a violation of state law; and
(3) lists a telephone number or address for the owner.
(c) With respect to possession of a merchandise pallet, "unauthorized person" includes anyone in possession of one or more merchandise pallets, except the following:
(1) the company owner;
(2) a person in lawful possession of the merchandise pallet; or
(3) a person who has temporary possession of the merchandise pallet as a result of the purchase of the products or merchandise transported using the merchandise pallet.
Subd. 2.
Liability.
An unauthorized person in possession of a merchandise pallet, or a person, other than the owner, who maliciously, with intent to damage, obliterates, removes, or distorts the owner's name on a merchandise pallet, shall be liable to the injured party as set forth in subdivision 4.
Subd. 3.
Evidence of ownership or rightful possession.
A person who purchases or leases a merchandise pallet shall retain a copy of the bill of sale or other evidence that supports the purchase or lease.
Subd. 4.
Remedy.
A person injured by a violation of this section may recover damages equal to three times the cost of the merchandise pallet, together with costs and disbursements, including a reasonable attorney's fee.
History:
1998 c 282 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.80 — Retail Sales Of Consumer Goods; Refunds.

325F.80 RETAIL SALES OF CONSUMER GOODS; REFUNDS.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given them under this subdivision:
(1) "consumer" means a natural person who buys goods for personal, family, or household purposes and not for commercial, agricultural, or business purposes;
(2) "seller" means a person who regularly sells goods at retail to consumers;
(3) "acceptable" means that the goods returned are in a condition acceptable to the seller using reasonable and objective standards, the goods are returned within a reasonable time from the date of purchase, and proof of purchase is presented by the consumer at time of return;
(4) "cash refund" means the seller provides the consumer cash at the time of the return; or the seller mails a check to the consumer within a reasonable time following return; or, for sales involving financial transaction cards, as defined in section 325G.02, subdivision 2, or sales in which the seller extends credit to the consumer, the seller credits the account that was charged.
Subd. 2.
Cash refunds required.
A seller may not refuse to give a cash refund to a consumer for goods that are acceptable for return unless the seller complies with subdivision 3.
Subd. 3.
Notice of refund policy.
If a seller wishes to alter the cash refund policy required by this section, written notice of the seller's cash refund policy must be clearly and conspicuously displayed on the premises. The notice must be written in boldface type of a minimum size of 14 points.
Subd. 4.
Nonapplication.
This section does not apply to home solicitation sales, as defined in section 325G.06, goods custom ordered or special ordered by the consumer, sellers licensed under section 168.27, or sales that are subject to a written agreement or contract under the Uniform Commercial Code.
Subd. 5.
Violation.
A seller who violates this section is subject to the remedies under section 8.31, except that a civil penalty imposed under that section may not exceed $500 per violation.
History:
1987 c 205 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.81 — Replica Firearms; Warning Label.

325F.81 REPLICA FIREARMS; WARNING LABEL.
Subdivision 1.
Definition.
For purposes of this section, "replica firearm" means a device or object that is not defined as a dangerous weapon, and that is a facsimile or toy version of, and reasonably appears to be a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm.
Subd. 2.
Warning label required.
A person may not in the regular course of business offer for sale or sell a replica firearm unless it bears a warning label complying with this section. The warning label must be affixed at the time of packaging to the replica firearm, or to the package or box containing the replica firearm, so that it is clearly visible to the buyer.
Subd. 3.
Label requirements.
The word "warning" must be printed clearly on the label in uppercase letters that measure at least one-half inch in size centered over the body copy of the actual warning. The warning label copy must be printed in letters that measure at least 3/32 of an inch in size. The warning label must be printed in ink that strongly contrasts with the background. The warning label must state the criminal penalties under state law that may arise from use of the replica firearm, and describe the prohibited activities.
Subd. 4.
Enforcement.
This section may be enforced by the attorney general under section 8.31, but a court may not impose a civil penalty of more than $500 for a violation of this section.
History:
1988 c 712 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.82 — Definitions.

325F.82 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of section 325F.83, the terms defined in this section have the meanings given them.
Subd. 2.
Automatic garage door opening system.
"Automatic garage door opening system" means a system of devices and equipment that, when connected to a garage door, automatically opens and closes a garage door.
Subd. 3.
Garage.
"Garage" means a building, or a portion of a building, designed or used for the storage, repair, or keeping of a motor vehicle.
Subd. 4.
Residential building.
"Residential building" means a building such as a home or apartment for one or more families or persons that includes an attached or unattached garage.
Subd. 5.
Automatic reversing requirement.
"Automatic reversing requirement" means the requirements specified in paragraphs 30.1 and 30.2 of Underwriters Laboratories, Inc., Standards for Safety-UL 325, third edition, as revised May 4, 1988, for a residential automatic garage door opening system or the requirements specified in paragraph 29.1 of Underwriters Laboratories, Inc., Standards for Safety-UL 325, third edition, as revised May 4, 1988, for a commercial vehicular door operator.
History:
1990 c 414 s 2; 1991 c 10 s 1,2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.84 — Definitions.

325F.84 DEFINITIONS.
Subdivision 1.
Applicability.
As used in sections 325F.84 to 325F.97, the following terms have the meanings given them.
Subd. 2.
Advertisement.
"Advertisement" means a commercial message in any medium, including signs, window displays, and price tags, that promotes, directly or indirectly, a rental-purchase agreement.
Subd. 3.
Cash price.
"Cash price" means an amount equal to the equivalent fair market value for goods offered under a consumer credit sale as provided under section 325G.15.
Subd. 4.
Consummation.
"Consummation" means the time at which the lessee enters into a rental-purchase agreement.
Subd. 5.
Lessee.
"Lessee" means a natural person who rents personal property under a rental-purchase agreement for personal, family, or household use.
Subd. 6.
Lessor.
"Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement.
Subd. 7.
Personal property.
"Personal property" means property that is not real property under the laws of this state when it is made available for a rental-purchase agreement.
Subd. 8.
Rental-purchase agreement.
"Rental-purchase agreement" means an agreement for the use of personal property in which all of the following apply:
(1) the lessor is regularly engaged in the rental-purchase business;
(2) the agreement is for an initial period of four months or less, whether or not there is any obligation beyond the initial period, that is automatically renewable with each payment and that permits the lessee to become the owner of the property;
(3) the lessee is a person other than an organization; and
(4) the lessee takes under the rental-purchase agreement primarily for a personal, family, or household purpose.
History:
1990 c 527 s 1; 1997 c 7 art 2 s 71
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.85 — Application Of Other Law.

325F.85 APPLICATION OF OTHER LAW.
If the consumer protection provisions of sections 325F.84 to 325F.97 conflict with sections 325G.15 and 325G.16, sections 325F.84 to 325F.97 apply to a rental-purchase agreement and supersede sections 325G.15 and 325G.16.
History:
1990 c 527 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.86 — Disclosures.

325F.86 DISCLOSURES.
In a rental-purchase agreement, the lessor shall disclose the following items, as applicable:
(a) The total of payments necessary to acquire ownership of the property accompanied by an explanation that this term means the "total dollar amount of payments you will have to make to acquire ownership."
(b) The total number, amounts, and timing of all payments and other charges including taxes or official fees paid to or through the lessor that are necessary to acquire ownership of the property.
(c) The difference between the amount disclosed under paragraph (a) and the cash price of the leased property, using the term "cost of lease services" to mean the difference between these amounts.
(d) Any initial or advance payment such as a delivery charge or trade-in allowance.
(e) A statement that the lessee will not own the property until the lessee has made the total of payments necessary to acquire ownership of the property.
(f) A statement that the total of payments does not include additional charges such as late payment charges, and a separate listing and explanation of these charges, as applicable.
(g) A statement that the lessee is liable for loss or damage to the property and the maximum amount for which the lessee is liable, which in the case of loss shall in no event be greater than the price the lessee would have paid to exercise an early purchase option. In the case of damage to the property other than normal wear and tear, the lessee shall be liable for the lesser of the price the lessee would have paid to exercise an early purchase option or the cost of repair as reasonably determined by the lessor.
(h) A statement that the lessee is not required to purchase a liability damage waiver from the lessor.
(i) A description of the goods or merchandise including model numbers as applicable and a statement indicating whether the property is new or used. It is not a violation of this subdivision to indicate that the property is used if it is actually new.
(j) A statement that the lessee has the option to purchase the leased property during the terms of the rental-purchase agreement and at what price, formula, or by what method the price is to be determined.
(k) The cash price of the merchandise.
(l) A statement of the following lessee rights: reinstatement rights under section 325F.90, default notice under section 325F.89, and consumer warranties under sections 325G.17 to 325G.20.
The commissioner of commerce may prescribe the disclosure form by rule.
History:
1990 c 527 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.87 — Form Requirements.

325F.87 FORM REQUIREMENTS.
Subdivision 1.
Generally.
The disclosure information required by section 325F.86 must be disclosed in a rental-purchase agreement and:
(1) must be made clearly and conspicuously with items appearing in logical order and segregated as appropriate for readability and clarity;
(2) must be made in writing;
(3) need not be contained in a single writing or made in the order set forth in section 325F.86; and
(4) may be supplemented by additional information or explanations supplied by the lessor, but none shall be stated, used, or placed so as to mislead or confuse the lessee or to contradict, obscure, or detract attention from the information required by section 325F.86, and so long as the additional information or explanations do not have the effect of circumventing, evading, or unduly complicating the information required to be disclosed by section 325F.86.
Subd. 2.
Timing.
The lessor shall disclose all information required by section 325F.86 before the rental-purchase agreement is executed. These disclosures must be made on the face of the writing evidencing the rental-purchase agreement.
Subd. 3.
Copy to lessee.
Before any payment is due, the lessor shall furnish the lessee with an exact copy of each rental-purchase agreement. The agreement shall be signed by the lessee and is evidence of the lessee's agreement. If there is more than one lessee in a rental-purchase agreement, delivery of a copy of the rental-purchase agreement to one of the lessees constitutes compliance with this subdivision; however, a lessee not signing the agreement is not liable under it.
Subd. 4.
Type size.
The terms of the rental-purchase agreement, except as otherwise provided in this section, must be set forth in not less than eight-point standard type.
Subd. 5.
Blank spaces.
All blank spaces on the rental-purchase agreement form must be filled in before the rental-purchase agreement is executed. Blank spaces that are provided for items or terms not applicable to the agreement must be crossed out.
History:
1990 c 527 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.88 — Advertising.

325F.88 ADVERTISING.
Subdivision 1.
Prohibition.
An advertisement for a rental-purchase agreement shall not state or imply that a specific item is available at specific amounts or terms unless the lessor usually and customarily offers or will offer that item at those amounts or terms.
Subd. 2.
Disclosures.
(a) If an advertisement for a rental-purchase agreement refers to or states the amount of any payment or the right to acquire ownership for a specific item, the advertisement must also clearly and conspicuously state the following terms, as applicable:
(1) that the transaction advertised is a rental-purchase agreement;
(2) the total of payments necessary to acquire ownership; and
(3) that the lessee will not own the property until the total amount necessary to acquire ownership is paid in full or by prepayment as provided for by law.
(b) Every item displayed or offered under a rental-purchase agreement shall have clearly and conspicuously indicated in Arabic numerals, so as to be readable and understandable by visual inspection, each of the following affixed to the item:
(1) the cash price of the item; and
(2) the amount of the lease payment and the total of lease payments required for ownership.
Subd. 3.
Nonapplication.
This section does not apply to the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
History:
1990 c 527 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.89 — Default.

325F.89 DEFAULT.
Subdivision 1.
Enforceability.
An agreement of the parties to a rental-purchase agreement with respect to default is enforceable only to the extent that one of the following apply:
(1) the lessee both fails to renew an agreement and also fails to return the property or make arrangements for its return as provided in the agreement; or
(2) the prospect of payment, performance, or return of the property is materially impaired due to a breach of the rental-purchase agreement, with the burden of establishing the prospect of material impairment on the lessor.
Subd. 2.
Authorization.
If a lessee has been in default for three business days, the lessor may give the lessee a default notice and request surrender of the property as provided under subdivision 3. Mailing written notice to the last known address of the lessee meets the requirement of giving written notice under subdivision 3.
Subd. 3.
Default notice.
The first default notice and a subsequent default notice that is sent more than 12 months after sending the last written notice must be in writing and conspicuously state the following:
(1) the name, address, and telephone number of the lessor to whom payment is to be made;
(2) a brief identification of the transaction;
(3) the lessee's right to cure the default;
(4) the amount of payment and date by which payment must be made to cure the default;
(5) a statement of the lessee's reinstatement rights as provided under section 325F.90; and
(6) a request to voluntarily surrender the property if the payment is not made.
A subsequent default notice given within the 12 months after a written default notice may be given orally and constitutes proper notice under this section.
Subd. 4.
Property recovery.
A lessor may not bring a court action to recover the property until seven days after a proper default notice has been given.
Subd. 5.
Voluntary surrender of property.
This section does not prohibit a lessee from voluntarily surrendering possession of the property or the lessor from enforcing a past due obligation which the lessee may have at any time after default.
Subd. 6.
Compliance.
If the lessee cures the default by taking the action required in the default notice, a breach of the agreement is considered as not having occurred.
History:
1990 c 527 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.90 — Lessee's Reinstatement Rights.

325F.90 LESSEE'S REINSTATEMENT RIGHTS.
Subdivision 1.
Generally.
A lessee who fails to make timely lease payments may reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement if both of the following apply:
(1) after having failed to make a timely payment, the lessee has surrendered the property to the lessor within seven days of a request to surrender the property made by the lessor as provided in section 325F.89; and
(2) in the case of a lessee that has paid less than 60 percent of the total of payments necessary to acquire ownership of the property, not more than 60 days have passed since the lessee returned the property. If the lessee has paid more than 60 percent of the total of payments necessary to acquire ownership of the property, the lessee's rights to reinstate shall be extended for a period of not less than 180 days after the lessee has returned the property.
Subd. 2.
Charges.
As a condition to reinstating a rental-purchase agreement, a lessor may charge the outstanding balance of any accrued payments; a reinstatement fee not to exceed $5 for each reinstatement; and a delivery charge not to exceed $15 for five items or less or $30 for more than five items, if redelivery of the item is necessary.
Subd. 3.
Substitute items.
If reinstatement occurs as provided in this section, the lessor shall provide the lessee with the same item, if available, leased by the lessee before reinstatement. If the same item is not available, a substitute item of comparable worth, quality, and condition may be used. If a substitute item is provided, the lessor shall provide the lessee with all the information required by section 325F.86.
History:
1990 c 527 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.91 — Prohibited Practices.

325F.91 PROHIBITED PRACTICES.
Subdivision 1.
Prohibited rental agreement provisions.
A rental-purchase agreement may not contain a provision:
(1) requiring a confession of judgment;
(2) authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property;
(3) waiving a defense, counterclaim, or right the lessee may have against the lessor or an agent of the lessor;
(4) requiring the payment of a late charge unless a lease payment is delinquent for more than two business days for a weekly lease or three business days for a monthly lease, and the charge or fee shall not be in an amount more than the greater of five percent of the delinquent lease payment or $3;
(5) requiring a separate payment in addition to lease payments in order to acquire ownership of the property, other than by exercising an early purchase option pursuant to section 325F.93; and
(6) authorizing a lessor to charge a penalty for early termination of a rental-purchase agreement.
Subd. 2.
[Repealed, 1995 c 202 art 3 s 22]
Subd. 3.
Delivery charges; security deposits; collection fees.
A lessor may not charge a delivery charge that is greater than $15 for five items or less or $30 for more than five items. A lessor may not charge a security deposit. A lessor may contract for and receive a charge for picking up payments from the lessee if the lessor is required or requested to visit the lessee's dwelling to pick up a payment. In a consumer rental-purchase agreement with payment or renewal dates which are more frequent than monthly, this charge shall not be assessed more than three times in any three-month period. In consumer rental-purchase agreements with payments or renewal options which are at least monthly, this charge shall not be assessed more than three times in any six-month period. A charge assessed pursuant to this subdivision shall not exceed $7. This charge is in lieu of a late charge assessed for the applicable payment period.
History:
1990 c 527 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.93 — Early Purchase Option.

325F.93 EARLY PURCHASE OPTION.
At any time after the first periodic payment is made, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of scheduled payments and the total amount paid on the account.
History:
1990 c 527 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.94 — Claims And Defenses.

325F.94 CLAIMS AND DEFENSES.
An assignee of the contract or obligation relating to the rental-purchase lease transaction is subject to all claims and defenses of the lessee against the lessor arising from the rental-purchase lease transaction, notwithstanding any agreement to the contrary.
History:
1990 c 527 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.95 — Liability; Liability Damage Waiver.

325F.95 LIABILITY; LIABILITY DAMAGE WAIVER.
Subdivision 1.
Liability of lessee.
The lessee is liable for loss, destruction, or damage of the rental property during the term of the rental agreement. The amount for which the lessee may be held liable in the case of loss or destruction of the property may not exceed the price that the lessee would have paid to exercise an early purchase option. In the case of damage to the property other than normal wear and tear, the lessee is liable for the price that the lessee would have paid to exercise an early purchase option or the cost of repair as reasonably determined by the lessor, whichever is less.
Subd. 2.
Liability damage waiver.
(a) The lessor must offer a liability damage waiver to the lessee to cover the lessee's liability for any loss, destruction, or damage of the rental property. The cost of the liability damage waiver may not exceed ten percent of the lessee's lease payment.
(b) The lessor must inform the lessee of the following options available to the lessee regarding the property subject to a rental-purchase agreement:
(1) furnish insurance coverage on the property through an existing insurance policy that is owned by the lessee;
(2) purchase insurance coverage on the property through any insurer authorized to transact business in this state;
(3) purchase liability damage waiver coverage from the lessor; or
(4) decline to furnish or purchase insurance coverage or liability damage waiver coverage.
History:
1990 c 527 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 325F — Consumer Protection; Products And Sales › Section 325F.96 — Exempted Transaction.

325F.96 EXEMPTED TRANSACTION.
Sections 325F.84 to 325F.97 do not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property at the end of the rental period.
History:
1990 c 527 s 13