Bill Text: MN SF149 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus torts bill
Sponsorship: Strong Partisan Bill (Republican 17-1)
Status: (Vetoed) 2012-02-13 - Veto message laid on table [SF149 Detail]
Download: Minnesota-2011-SF149-Engrossed.html
Bill Title: Omnibus torts bill
Sponsorship: Strong Partisan Bill (Republican 17-1)
Status: (Vetoed) 2012-02-13 - Veto message laid on table [SF149 Detail]
Download: Minnesota-2011-SF149-Engrossed.html
1.2relating to civil actions; modifying remedies related to certain unlawful or
1.3deceptive trade practice actions; permitting appeals of certain court orders related
1.4to class actions;amending Minnesota Statutes 2010, section 8.31, subdivision 3a,
1.5by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.6chapter 540.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:
1.9 Subd. 3a. Private remedies. In addition to the remedies otherwise provided by law
1.10and subject to subdivision 3d, any person injured by a violation of any of the laws referred
1.11to in subdivision 1 may bring a civil action and recover damages, together with costs
1.12and disbursements, including costs of investigation and reasonable attorney's fees, and
1.13receive other equitable relief as determined by the court. The court may, as appropriate,
1.14enter a consent judgment or decree without the finding of illegality. In any action brought
1.15by the attorney general pursuant to this section, the court may award any of the remedies
1.16allowable under this subdivision.
1.17EFFECTIVE DATE.This section is effective the day following final enactment.
1.18 Sec. 2. Minnesota Statutes 2010, section 8.31, is amended by adding a subdivision to
1.19read:
1.20 Subd. 3d. Private remedies for Unlawful Trade Practices Act, Prevention of
1.21Consumer Fraud Act, False Statement in Advertisement Act. Civil actions pursuant to
1.22subdivision 3a for violations of the Unlawful Trade Practices Act (sections 325D.09 to
1.23325D.16), Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), or the False
1.24Statement in Advertisement Act (section 325F.67) or other laws against false or fraudulent
2.1advertising may be brought only by persons who purchase or lease goods, services, or real
2.2estate for personal, family, household, or business purposes. Each such person seeking to
2.3recover damages for violations of these sections, either in an individual action, a class
2.4action, or any other type of action, is required to plead and prove on an individual basis
2.5that the deceptive act or practice caused the person to enter into the transaction that
2.6resulted in the damages. No award of damages in an action covered by this subdivision
2.7may be made without proof that the person or persons seeking damages suffered an actual
2.8out-of-pocket loss. The term "out-of-pocket loss" means an amount of money equal to the
2.9difference between the amount paid by the consumer for the good or service and the actual
2.10market value of the good or service that the consumer actually received.
2.11EFFECTIVE DATE.This section is effective the day following final enactment
2.12and applies to actions commenced on or after that date.
2.13 Sec. 3. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
2.14A court order certifying a class action, refusing to certify a class action, or denying
2.15a motion to decertify a class action is appealable in the same manner as a final order or
2.16judgment. While an appeal under this subdivision is pending, all discovery and other
2.17proceedings in the district court must be stayed.
2.18EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
2.19issued on or after that date.
1.3deceptive trade practice actions; permitting appeals of certain court orders related
1.4to class actions;amending Minnesota Statutes 2010, section 8.31, subdivision 3a,
1.5by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.6chapter 540.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:
1.9 Subd. 3a. Private remedies. In addition to the remedies otherwise provided by law
1.10and subject to subdivision 3d, any person injured by a violation of any of the laws referred
1.11to in subdivision 1 may bring a civil action and recover damages, together with costs
1.12and disbursements, including costs of investigation and reasonable attorney's fees, and
1.13receive other equitable relief as determined by the court. The court may, as appropriate,
1.14enter a consent judgment or decree without the finding of illegality. In any action brought
1.15by the attorney general pursuant to this section, the court may award any of the remedies
1.16allowable under this subdivision.
1.17EFFECTIVE DATE.This section is effective the day following final enactment.
1.18 Sec. 2. Minnesota Statutes 2010, section 8.31, is amended by adding a subdivision to
1.19read:
1.20 Subd. 3d. Private remedies for Unlawful Trade Practices Act, Prevention of
1.21Consumer Fraud Act, False Statement in Advertisement Act. Civil actions pursuant to
1.22subdivision 3a for violations of the Unlawful Trade Practices Act (sections 325D.09 to
1.23325D.16), Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), or the False
1.24Statement in Advertisement Act (section 325F.67) or other laws against false or fraudulent
2.1advertising may be brought only by persons who purchase or lease goods, services, or real
2.2estate for personal, family, household, or business purposes. Each such person seeking to
2.3recover damages for violations of these sections, either in an individual action, a class
2.4action, or any other type of action, is required to plead and prove on an individual basis
2.5that the deceptive act or practice caused the person to enter into the transaction that
2.6resulted in the damages. No award of damages in an action covered by this subdivision
2.7may be made without proof that the person or persons seeking damages suffered an actual
2.8out-of-pocket loss. The term "out-of-pocket loss" means an amount of money equal to the
2.9difference between the amount paid by the consumer for the good or service and the actual
2.10market value of the good or service that the consumer actually received.
2.11EFFECTIVE DATE.This section is effective the day following final enactment
2.12and applies to actions commenced on or after that date.
2.13 Sec. 3. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
2.14A court order certifying a class action, refusing to certify a class action, or denying
2.15a motion to decertify a class action is appealable in the same manner as a final order or
2.16judgment. While an appeal under this subdivision is pending, all discovery and other
2.17proceedings in the district court must be stayed.
2.18EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
2.19issued on or after that date.
