Minn. Stat. § 325G.35

Current through 2023, c. 127

Section 325G.35 - REVIEW BY THE ATTORNEY GENERAL

Subdivision 1.Process of review.

Any seller, creditor or lessor may submit a consumer contract to the attorney general for review as to whether the contract complies with the requirements of section 325G.31. After reviewing the contract the attorney general shall:

(1) certify that the contract complies with section 325G.31;

(2) decline to certify that the contract complies with section 325G.31 and note objections to the contractual language;

(3) decline to review the contract and refer the party submitting the contract to other previously certified contracts of the same type;

(4) decline to review the contract because the contract's compliance with section 325G.31 is the subject of pending litigation; or

(5) decline to review the contract because the contract is not subject to section 325G.31.

Subd. 2.Process not reviewable.

Actions of the attorney general pursuant to subdivision 1 are not subject to chapter 14, and are not appealable.

Subd. 3.Limited effect of certification.

Any consumer contract certified pursuant to subdivision 1 is deemed to comply with section 325G.31. Certification of a consumer contract pursuant to subdivision 1 is not otherwise an approval of the contract's legality or legal effect.

Subd. 4.Review not required.

Failure to submit a contract to the attorney general for review pursuant to subdivision 1 does not show a lack of good faith nor does it raise a presumption that the contract violates section 325G.31. If pursuant to subdivision 1 the attorney general refers a party to a previously certified contract, that the party chooses not to use the contract does not show a lack of good faith nor does it raise a presumption that a contract used by that party violated section 325G.31.

Subd. 5.Fee for review.

The attorney general may charge a fee, not to exceed $50, for the costs of reviewing a consumer contract pursuant to subdivision 1.

Minn. Stat. § 325G.35

1981 c 274 s 7; 1982 c 424 s 130; 1986 c 444