A bill for an act
relating to consumer protection; defining deceptive trade practices to include the
failure to disclose mandatory fees in advertising; amending Minnesota Statutes
2023 Supplement, section 325D.44, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 325D.44, subdivision 1, is
amended to read:


Subdivision 1.

Acts constituting.

A person engages in a deceptive trade practice when,
in the course of business, vocation, or occupation, the person:

(1) passes off goods or services as those of another;

(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship,
approval, or certification of goods or services;

(3) causes likelihood of confusion or of misunderstanding as to affiliation, connection,
or association with, or certification by, another;

(4) uses deceptive representations or designations of geographic origin in connection
with goods or services;

(5) represents that goods or services have sponsorship, approval, characteristics,
ingredients, uses, benefits, or quantities that they do not have or that a person has a
sponsorship, approval, status, affiliation, or connection that the person does not have;

(6) represents that goods are original or new if they are deteriorated, altered,
reconditioned, reclaimed, used, or secondhand;

(7) represents that goods or services are of a particular standard, quality, or grade, or
that goods are of a particular style or model, if they are of another;

(8) disparages the goods, services, or business of another by false or misleading
representation of fact;

(9) advertises goods or services with intent not to sell them as advertised;

(10) advertises goods or services with intent not to supply reasonably expectable public
demand, unless the advertisement discloses a limitation of quantity;

(11) makes false or misleading statements of fact concerning the reasons for, existence
of, or amounts of price reductions;

(12) in attempting to collect delinquent accounts, implies or suggests that health care
services will be withheld in an emergency situation;

(13) engages in (i) unfair methods of competition, or (ii) unfair or unconscionable acts
or practices; deleted text begin or
deleted text end

(14) engages in any other conduct which similarly creates a likelihood of confusion or
of misunderstandingdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (15) advertises, displays, or offers a price for goods or services that does not include all
mandatory fees or surcharges. For purposes of this clause, "mandatory fee" includes but is
not limited to a fee or surcharge that: (i) must be paid in order to purchase the goods or
services being advertised; (ii) is not reasonably avoidable by the consumer; or (iii) a
reasonable consumer would expect to be included in the purchase of the goods or services
being advertised. Mandatory fee does not include taxes imposed by a government entity.
new text end

Statutes affected:
1st Engrossment: 325D.44