Minn. Stat. § 325D.44

Current through Register Vol. 49, No. 8, August 19, 2024

Section 325D.44 - [Effective Until 1/1/2025] DECEPTIVE TRADE PRACTICES

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; or

(14) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.

Subd. 2.Proof.

(a) In order to prevail in an action under sections 325D.43 to 325D.48, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

(b) For purposes of subdivision 1, clause (13), the standard of proof provided under section 325F.69, subdivision 8, applies.

Subd. 3.Other law.

This section does not affect unfair, deceptive, or misleading trade practices otherwise actionable at common law or under other statutes of this state.

Minn. Stat. § 325D.44

1973 c 216 s 2; 1986 c 444; 1988 c 592 s 11

Amended by 2023 Minn. Laws, ch. 57,s 4-7, eff. 7/1/2023.

Amended by 2023 Minn. Laws, ch. 57,s 4-6, eff. 7/1/2023.

This section is set out more than once due to postponed, multiple, or conflicting amendments.