§ 325G.35 — Review by the Attorney General
Plain-Language Summary
A business can submit a consumer contract to the Attorney General for review. If the AG certifies it as plain language, that certification is a complete defense against claims.
325G.35 REVIEW BY THE ATTORNEY GENERAL.
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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.
History:
1981 c 274 s 7; 1982 c 424 s 130; 1986 c 444
History: History: 1981 c 274 s 7; 1982 c 424 s 130; 1986 c 444