Minnesota Statutes Trade Regulations, Consumer Protection (Ch. 324-341) § 332B.13. Enforcement; remedies

Subd. 2. Private right of action. (a) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violatessection 332B.11, is liable under this section in an individual action for the sum of:

(b) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violatessection 332B.11, is liable to the named plaintiffs under this section in a class action for the amount that each named plaintiff could recover under paragraph (a), clause (1), and to the other class members for such amount as the court may allow.

(c) In determining the amount of statutory damages, the court shall consider, among other relevant factors:

(d) A plaintiff or class successful in a legal or equitable action under this section is entitled to the costs of the action, plus reasonable attorney fees.

Subd. 3. Injunctive relief. (a) A debtor may sue a debt settlement services provider for temporary or permanent injunctive or other appropriate equitable relief to prevent violations of any provision of this chapter. A court must grant injunctive relief on a showing that the debt settlement services provider has violated any provision of this chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to prevail on allegations that the debt settlement services provider violated any provision of this chapter.

(b) A debtor may sue a lead generator for temporary or permanent injunctive or other appropriate equitable relief to prevent violations ofsection 332B.11. A court must grant injunctive relief on a showing that the lead generator has violatedsection 332B.11, or in the case of a temporary injunction, on a showing that the debtor is likely to prevail on allegations that the lead generator violatedsection 332B.11.