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Fraud Law

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Minnesota Consumer Protection Act Amended to Provide Private Right of Action

In many ways, up until the recent amendments by the 2023 Minnesota Legislature, Minnesota consumer protection laws have not been useful for aggrieved consumers. One of the reasons is that consumers, in many instances, did not have a clear right to bring a lawsuit if they were the only one injured by a wrongful act. …

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Minnesota Fraud What Does Susceptible of Knowledge Mean

In Control Data Corp. v. Garrison, 233 NW 2d 740 (Minn. 1975) the Minnesota Supreme Court quoted Webster’s New International Dictionary and found the preferred meaning of the word ‘susceptible’ as:  Of such a nature, character, or constitution as to admit or permit; capable of submitting successfully to the action, process, or operation;—with Of, followed …

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Fraud must be pleaded with specificity

A Minnesota business law lawyer that litigates business disputes, know sthat when pleading fraud, a plaintiff must plead with specificity the exact misrepresentation of existing fact that the defendant purportedly made in order to withstand a motion to dismiss. Ogletree, Abbott, Clay & Reed Law Firm, L.L.P., Plaintiff, v. FindLaw, West Publishing Corporation, and Thomson …

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Creditors need to be careful when entering into settlement agreements with debtors because the debtor may get the debt discharged in bankruptcy

Minneapolis, Minnesota creditor and debtor attorney may know that if a creditor settles a dispute with a debtor that debtor may file bankruptcy, in which case the debt may be discharged unless 11 U.S.C. 523(a)(4) nor 11 U.S.C. 523(a)(6) barred discharge of the debt. Here the Court of Appeals found that debtor Owner (1) Owner …

Creditors need to be careful when entering into settlement agreements with debtors because the debtor may get the debt discharged in bankruptcy Read More »

Minnesota has enacted two forms of statutory fraud laws: the Consumer Fraud Act (“CFA”) and the Uniform Deceptive Trade Practices Act (“UDTPA”).

Minnesota has enacted two forms of statutory fraud laws: the Consumer Fraud Act (“CFA”) and the Uniform Deceptive Trade Practices Act (“UDTPA”). The Minnesota CFA prohibits the “act, use, or employment by any person of any fraud, false pretense, false promise, misrepresentation, misleading statement or deceptive practice.”MINN. STAT. § 325F.69, subdiv. 1 (2004). The UDTPA …

Minnesota has enacted two forms of statutory fraud laws: the Consumer Fraud Act (“CFA”) and the Uniform Deceptive Trade Practices Act (“UDTPA”). Read More »

Minnesota deceptive trade practices act requires specificity in pleading and proof.

Minnesota business lawyers know that the Minnesota Deceptive Trade Practices Act (“MDTPA”) permits a court to grant injunctive relief to any person who is “likely to be damaged by a deceptive trade practice of another.” Minn. Stat. § 325D.45, subd. 1 (emphasis added). To have standing to bring an MDTPA claim, a plaintiff must allege …

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Has a contract fraud occurred when a person does not disclose a fact before entering the agreement?

Fraud occurs if a person remains silent when they have  duty to speak.  Business lawyers know that a “constructive” fraud can only occur in the context of fiduciary obligations and is simply a characterization of a breach of such a duty. As such, if no special relationship exists between the parties, a person does not …

Has a contract fraud occurred when a person does not disclose a fact before entering the agreement? Read More »

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