Subdivision 1. Nonapplication. Sections 325D.43 to 325D.48 do not apply to:
(1) conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; or
(2) actions or appeals pending on July 1, 1973.
Subd. 1a. Publishers, broadcasters, and printers. Sections 325D.43 to 325D.48 shall apply to publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material only if the persons have either knowledge of the deceptive trade practice or a financial interest in the goods or services being deceptively offered for sale.
Subd. 2. Good faith use of trade identification. Section 325D.44, subdivision 1, clauses (2) and (3) do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before July 1, 1973, if the use was in good faith and is otherwise lawful except for sections 325D.43 to 325D.48.
Subd. 3. Deceptive telephone-related directory listings and print advertisements. (a) The practices described in this subdivision are practices described in section 325D.44, clauses (2) and (4).
(b) For purposes of this subdivision, "business is located within the geographic area," "geographic location of the business," or similar term means that at least one owner or employee of the business regularly performs services on behalf of the business at that location. Renting use of a street address, post office box, or mail-drop does not constitute having a business at that location.
(c) A person operating a business misrepresents the geographic location of its business in a listing of the business in a telephone directory, other directory assistance database, or on the Internet, if the name of the business, or the name under which the business is listed, indicates that the business is located within a geographic area and all of the following apply:
(1) the business is not located within the geographic area indicated;
(2) the listing fails to identify the actual municipality and state of the business's geographic location; and
(3) telephone calls to the local telephone number listed in the telephone directory, directory assistance database, or on the Internet routinely are forwarded or transferred to a location that is outside the calling area covered by the telephone directory or directory assistance database in which the number is listed, or outside the local calling area for the local telephone number posted on the Internet.
(d) A person operating a business misrepresents the geographic location of the business in print advertisement if a fictitious or assumed business name is listed in print advertisement and both of the following apply:
(1) the name used misrepresents the geographic location of the business; and
(2) a telephone call to the local telephone number listed in the print advertisement routinely is forwarded or transferred to a location that is outside the calling area for the local telephone number listed.
(e) This subdivision does not limit the application of sections 325D.43 to 325D.48.
1973 c 216 s 4; 1975 c 364 s 1,2; 2010 c 235 s 1
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325D — Restraint Of Trade
Section 325D.01 — Definitions.
Section 325D.02 — Application.
Section 325D.03 — Discrimination Unlawful.
Section 325D.04 — Selling Below Cost Forbidden.
Section 325D.05 — Bankrupt Sales Not To Be Considered In Fixing Costs.
Section 325D.06 — Inapplicable Sales.
Section 325D.07 — Remedies Cumulative.
Section 325D.071 — Violations; Penalties.
Section 325D.072 — Injunctive Relief.
Section 325D.09 — Unlawful Trade Practices.
Section 325D.10 — Definitions.
Section 325D.11 — Certain Unlawful Trade Practices.
Section 325D.12 — Retailers Not To Misrepresent Nature Of Business.
Section 325D.13 — Quality, Misrepresented.
Section 325D.14 — Employer Not To Dispose Of Other Than Own Products.
Section 325D.15 — Violations; Restraining Orders.
Section 325D.16 — Application.
Section 325D.30 — Minnesota Unfair Cigarette Sales Act; Findings And Policy.
Section 325D.32 — Definitions.
Section 325D.33 — Sales At Less Than Cost; Penalty.
Section 325D.34 — Combination Sales.
Section 325D.35 — Sales By A Wholesaler To A Wholesaler.
Section 325D.36 — Sales Exceptions.
Section 325D.37 — Transactions Permitted To Meet Lawful Competition.
Section 325D.371 — Publication Of Cigarette Prices.
Section 325D.38 — Admissible Evidence.
Section 325D.39 — Sales Outside Ordinary Channels Of Business; Effect.
Section 325D.405 — Investigations.
Section 325D.415 — Cigarette Distributor Fees.
Section 325D.42 — Partial Unconstitutionality.
Section 325D.421 — Unlawful Cigarette Trade Practices.
Section 325D.43 — Definitions.
Section 325D.44 — Deceptive Trade Practices.
Section 325D.46 — Application.
Section 325D.47 — Uniformity Of Application And Construction.
Section 325D.50 — Definitions.
Section 325D.51 — Unreasonable Restraint Of Trade Or Commerce.
Section 325D.52 — Establishment, Maintenance, Or Use Of Monopoly Power.
Section 325D.53 — Prohibited Contracts, Combinations, And Conspiracies.
Section 325D.54 — Scope Of Act.
Section 325D.56 — Penalties For Violation.
Section 325D.58 — Injunctive Relief.
Section 325D.59 — Authority Of The Attorney General.
Section 325D.60 — Forfeiture Of Charter Rights And Privilege To Do Business.
Section 325D.62 — Judgment In Favor Of State As Prima Facie Evidence.
Section 325D.63 — Notification Of Civil Action.
Section 325D.64 — Statute Of Limitations.
Section 325D.66 — Action Not Barred As Affecting Or Involving Interstate Or Foreign Commerce.
Section 325D.68 — Monopolization Of Food Products.
Section 325D.71 — Unlawful Gasoline Sales.
Section 325D.72 — Bad Faith Assertions Of Patent Infringement.