Minnesota Consumer Fraud Act Counter-Strike on Predatory Private Parking Operators
Minn. Stat. §325F.68-§325F.70 (Consumer Fraud Act, also called the Prevention of Consumer Fraud Act) prohibits the use of false, deceptive, or misleading practices in connection with the sale of merchandise. 'Merchandise' is broadly defined to include services. When a private parking operator (e.g., apartment lot, retail lot) issues 'tickets' that mimic government citations in font, color, or seal, threatens credit reporting without legal basis, or claims to have authority to immobilize/tow without statutory compliance, the practices may violate §325F.69. A consumer can counter-claim under Minn. Stat. §8.31 subd. 3a (private attorney general statute) for actual damages, costs, and attorney's fees.
Legal basis
Minn. Stat. §§325F.68-325F.70, 8.31 subd. 3a; State by Humphrey v. Alpine Air Products
Sample appeal wording
[DATE] [OPERATOR LEGAL DEPARTMENT] RE: DEMAND UNDER MINN. STAT. §8.31 subd. 3a — CITATION-MIMICKING PRACTICES This is a pre-suit demand under the Minnesota Consumer Fraud Act, Minn. Stat. §§325F.68-325F.70, and the Private Attorney General statute, §8.31 subd. 3a. Your 'parking notice' #[NUMBER] dated [DATE] employs the following deceptive practices: 1. Mimics government citation format (orange envelope, official-style heading, bar code, '24 hours to pay or fee doubles') 2. Claims authority to '[immobilize/tow/report to credit bureau]' without statutory basis 3. Threatens '[license suspension / DMV hold]' which only government can impose 4. [Lot signage was inadequate to form a contract] Demand: - Cease all collection efforts on this notice - Confirm in writing within 14 days that no negative report will be made to any consumer reporting agency - Cease use of the deceptive notice format Failure to comply will result in suit under §8.31 subd. 3a seeking actual damages, costs, and attorney's fees. [NAME / OR ATTORNEY]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Minn. Stat. §325F.69 (revisor.mn.gov/statutes/cite/325F.69)
- Minn. Stat. §8.31 subd. 3a
- State by Humphrey v. Alpine Air Products, Inc., 490 N.W.2d 888 (Minn. App. 1992)