Minnesota has a number of statutory fraud claims and the Uniform Deceptive Trade Practices Act (“UDTPA”), found in Minn. Stat. §§ 325D.43,et seq., is one of those claims. There are thirteen ways in which a person can engage in deceptive trade practices. Minn. Stat. § 325D.44 states, A person engages in a deceptive trade practice
Minnesota Consumer Fraud Act (CSA)
Minn. Stat. 325F.68 – 325F.70
The CFA makes it unlawful for any person to act, use or employ “any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice.” The CFA also protects consumers against specific sales tactics and marketplace transactions. For example, chain referral selling, soliciting payment before ordering merchandise and perpetual going-out-of-business sales are all prohibited.
While, the language in the CFA is very broad and can be applied by the courts to many different situations, Chapter 325 of the MN Statutes also contains many topical consumer protection laws which govern specific purchases, like automobiles, pets, or timeshares. The general language of the CFA incorporates much of MN law dealing with specific areas of consumer fraud. Therefore, a violations of a specific statute have often been held to incorporate the remedies available under the CFA, including the right to a private cause of action. Generally, the attorney general is responsible for enforcement and prosecution of consumer fraud, and courts sometimes allow restitution to consumers in these cases. However, private actions are possible under the “private attorney general” statute and successful parties can recover damages, costs, disbursements and reasonable attorney’s fees.
Common Law Fraudulent Misrepresentation
Although it has a variety of different names, including just misrepresentation and just fraud, the Minnesota Supreme Court has defined fraudulent misrepresentation as having the following elements: A false representation by a party of a past or existing material fact that is susceptible of knowledge, The person making the representation made it either a) with
Consumer Fraud Act
The Minnesota Consumer Fraud Act states: the act, use, or employment by any person under any fraud, false pretense, false promise, false representation, misleading statement, or deceptive practice, with the intent that others rely thereon and in connection with the sale of any merchandise, where or not any person has in fact been misled, deceived,
What is Fraud Under Minnesota Law?
There are many different types of fraud including check fraud, credit card fraud, internet fraud, mail fraud, charities fraud, telemarketing fraud, and tax fraud just to name a few. But, sometimes it is difficult to determine if a cause of action is fraud, a form of misrepresentation, or nothing at all. To add to the