Section 332.70 — Business Screening Services; Data Practices.
332.70 BUSINESS SCREENING SERVICES; DATA PRACTICES. Subdivision 1. Definitions. For purposes of this section: (a) “Business screening service” means a person regularly engaged in the business of collecting, assembling, evaluating, or disseminating criminal records on individuals for a fee. Business screening service does not include a government entity, as defined in section 13.02, or the […]
Section 332.53 — Waiver Of Rights.
332.53 WAIVER OF RIGHTS. Any waiver by a buyer of sections 332.52 to 332.60 is void. Any attempt by a credit services organization to have a buyer waive rights provided under sections 332.52 to 332.60 is a violation of sections 332.52 to 332.60. In any proceeding involving sections 332.52 to 332.60, the burden of proving […]
Section 332.54 — Registration.
332.54 REGISTRATION. Subdivision 1. Filing. It is unlawful for any credit services organization to offer, advertise, or execute or cause to be executed by a consumer any contract in this state unless the credit services organization at the time of the offer, advertisement, sale, or execution of a contract has been properly registered with the […]
Section 332.55 — Bond.
332.55 BOND. A credit services organization must submit to the commissioner at the time of registration, an annual surety bond of $10,000, expiring on June 30 of each year, by an insurance company which is authorized by the state of Minnesota to transact the business of fidelity and surety insurance. The credit services organization must […]
Section 332.56 — Prohibited Acts.
332.56 PROHIBITED ACTS. Subdivision 1. Requirements; prohibitions. A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (1) charge or receive any money or other valuable consideration prior to full and complete performance […]
Section 332.57 — Disclosure Statement.
332.57 DISCLOSURE STATEMENT. Subdivision 1. Requirement. Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing containing […]
Section 332.58 — Contract.
332.58 CONTRACT. Subdivision 1. Requirements. Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, and signed by the buyer and must include the following: (1) a conspicuous statement in boldface type, in immediate proximity to the space reserved […]
Section 332.59 — Violations.
332.59 VIOLATIONS. Any person who violates sections 332.52 to 332.58 is guilty of a misdemeanor. A violation of sections 332.52 to 332.58 is a violation of section 325F.69, subdivision 1, and the provisions of section 8.31 apply. Sections 332.52 to 332.58 do not limit or restrict the right of any person to pursue any appropriate […]
Section 332.60 — Damages.
332.60 DAMAGES. A buyer suffering damages as a result of a violation of sections 332.52 to 332.58 by a credit services organization may bring an action for recovery of damages. Judgment must be entered for actual damages, but in no case shall the amount be less than the amount paid by the buyer to the […]
Section 332.39 — Injunctions.
332.39 INJUNCTIONS. The attorney general or the county attorney of any county may apply for an injunction in district court to enjoin any violations of sections 332.31 to 332.44, or any practices prohibited in section 332.37, and any such court may issue temporary or permanent injunctions as the circumstances shall require. Such injunctive proceedings shall […]