ND Consumer Fraud Act Defense Against Private Parking Operators
Private parking operators in North Dakota (especially in Fargo's downtown garages and Grand Forks University area) often issue 'tickets' or 'invoices' that resemble government citations but are actually private contractual demands. NDCC §51-15-02 prohibits deceptive practices, including representations that suggest government authority where none exists. Operators that use official-looking citations, threaten credit reporting, or claim 'late fees' beyond actual damages may violate the Consumer Fraud Act. NDCC §51-15-09 provides for actual damages, treble damages (minimum $1,000), and attorney fees.
Legal basis
NDCC §51-15-02 (deceptive practices); NDCC §51-15-09 (private right of action); NDCC §51-15-04.1 (treble damages)
Sample appeal wording
TO: [PRIVATE PARKING OPERATOR] RE: Invoice #[NUMBER] - Notice of Disputed Debt and ND Consumer Fraud Act Violation Dear Sir/Madam: This letter constitutes formal notice that I dispute Invoice #[NUMBER] dated [DATE] in its entirety. Your 'parking citation' format and language create a deceptive impression of governmental authority, which violates NDCC §51-15-02. Specifically: 1. Your form mimics official municipal citations 2. The language 'penalty,' 'fine,' or 'violation' suggests governmental power you do not possess 3. [DESCRIBE OTHER DECEPTIVE PRACTICES] 4. The signage at [LOCATION] failed to provide adequate notice of contractual terms in violation of basic contract principles Under North Dakota contract law, your remedy (if any) is limited to actual damages, which for a parking space cannot exceed the posted hourly rate of [$X]. Any claim beyond this constitutes an unenforceable penalty and a deceptive practice. If you escalate this matter or report to a credit bureau, I will: 1. File a complaint with the ND Attorney General's Consumer Protection Division 2. File suit under NDCC §51-15-09 seeking treble damages (minimum $1,000) and attorney fees 3. Counterclaim for FDCPA violations if you use a debt collector DO NOT CONTACT ME FURTHER except to confirm closure of this matter. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t51c15.pdf
- NDCC Chapter 51-15 Consumer Fraud
- ND Attorney General Consumer Protection Division