Subdivision 1. Penalties. In any proceeding in which civil penalties are claimed from a party for a violation of section 325G.31, it is a defense to the claim that the party made a good faith and reasonable effort to comply with section 325G.31.
Subd. 2. Attorney's fees. A party who has made a good faith and reasonable effort to comply with section 325G.31 shall not be assessed attorney's fees or costs of investigation in an action for violating section 325G.31.
Subd. 3. Class action attorney's fees. In any class action or series of class actions which arise from the use by a person of a particular consumer contract found to violate section 325G.31, the amount of attorney's fees and costs of investigation assessed against that person and in favor of the consumer class or classes may not exceed $10,000.
Subd. 4. Limits on consumer actions. Violation of section 325G.31 is not a defense to a claim arising from a consumer's breach of a consumer contract or to an action for eviction. A consumer may recover actual damages caused by a violation of section 325G.31 only if the violation caused the consumer to be substantially confused about the rights, obligations or remedies of the contract.
Subd. 5. Statute of limitations. Any claim that a consumer contract violates section 325G.31 must be raised within six years of the date the contract is executed by the consumer.
1981 c 274 s 6; 2003 c 2 art 2 s 3
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325G — Consumer Protection; Solicitation Of Sales
Section 325G.01 — Effect Of Delivery.
Section 325G.02 — Definitions.
Section 325G.03 — Unsolicited Financial Transaction Cards.
Section 325G.04 — Lost Or Stolen Financial Transaction Cards.
Section 325G.041 — Married Woman; Name On Card.
Section 325G.042 — Consumer Credit; Equal Treatment Of Spouses.
Section 325G.05 — Disputed Accounts.
Section 325G.051 — Surcharges On Credit Cards.
Section 325G.052 — Credit Card Offers And Solicitations; Address Verifications.
Section 325G.06 — Definitions.
Section 325G.07 — Buyer's Right To Cancel.
Section 325G.08 — Writing Required; Notice Of Right To Cancel; Notice Of Cancellation.
Section 325G.09 — Return Of Payments Or Goods.
Section 325G.10 — Penalties For Violation.
Section 325G.12 — Definitions.
Section 325G.13 — Disclosure Obligation.
Section 325G.14 — Penalties; Remedies.
Section 325G.15 — Definitions.
Section 325G.16 — Restrictions.
Section 325G.17 — Definitions.
Section 325G.18 — Implied Warranties.
Section 325G.19 — Express Warranties.
Section 325G.203 — Definitions.
Section 325G.204 — Express Warranties.
Section 325G.205 — Assistive Device Replacement Or Refund.
Section 325G.206 — Nonconformity Disclosure Requirement.
Section 325G.207 — Other Remedies.
Section 325G.21 — Deficiency Judgments; Consumer Transactions; Definitions.
Section 325G.22 — Limits On Buyer's Liability.
Section 325G.23 — Definitions.
Section 325G.24 — Right Of Cancellation.
Section 325G.25 — Contract Regulation.
Section 325G.26 — Limitation On Membership Period.
Section 325G.27 — Registration Requirements, Surety Bond Requirement, Alternative Security.
Section 325G.30 — Definitions.
Section 325G.31 — Plain Language Required.
Section 325G.34 — Limits On Remedies.
Section 325G.35 — Review By The Attorney General.
Section 325G.36 — Waivers Void.
Section 325G.37 — Effective Date.
Section 325G.41 — Definitions And Computations.
Section 325G.42 — Credit Card Disclosures.
Section 325G.45 — Federal Law.
Section 325G.46 — Alternative Compliance.
Section 325G.47 — Notification Of Annual Fee.
Section 325G.50 — Membership Travel Contracts; Cancellation.
Section 325G.501 — Membership Travel Contracts Solicitation Gift Offers.
Section 325G.505 — Membership Travel Contracts In Excess Of $500.
Section 325G.51 — Penalties; Remedies.
Section 325G.52 — Consumer Education; Telemarketing Fraud.
Section 325G.53 — Gift Certificates.
Section 325G.54 — Cancellation Without Penalty Of Wireless Contracts By Military Service Personnel.