This text of Minnesota § 325G.33 (REMEDIES) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Subdivision 1.Enforcement authority.
Any violation of section325G.31is a violation of a law under section8.31, subdivision 1. The remedies provided in section8.31, subdivisions 3 and 3a, are limited as provided in section325G.34.
Subd. 2.Reformation.
In addition to the remedies provided in section8.31, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:
(1)a material provision of the contract violates section325G.31;
(2)the violation caused the consumer to be substantially confused about any of the rights, obligations or remedies of the contract; and
(3)the violation has caused or is likely to cause financial detriment to the consumer.
If the court reforms or limits a provision of a consumer contract, the court shall
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Subdivision 1.Enforcement authority.
Any violation of section325G.31is a violation of a law under section8.31, subdivision 1. The remedies provided in section8.31, subdivisions 3 and 3a, are limited as provided in section325G.34.
Subd. 2.Reformation.
In addition to the remedies provided in section8.31, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:
(1) a material provision of the contract violates section325G.31;
(2) the violation caused the consumer to be substantially confused about any of the rights, obligations or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the consumer.
If the court reforms or limits a provision of a consumer contract, the court shall also make orders necessary to avoid unjust enrichment. Bringing a claim for relief pursuant to this subdivision does not entitle a consumer to withhold performance of an otherwise valid contractual obligation. No relief shall be granted pursuant to this subdivision unless the claim is brought before the obligations of the contract have been fully performed.