.................... moves to amend H.F. No. 211 as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 8.31, subdivision 3a, is amended to read:
Subd. 3a. Private remedies.
In addition to the remedies otherwise provided by law
1.5and subject to subdivision 3d
, any person injured by a violation of any of the laws referred
to in subdivision 1 may bring a civil action and recover damages, together with costs
and disbursements, including costs of investigation and reasonable attorney's fees, and
receive other equitable relief as determined by the court. The court may, as appropriate,
enter a consent judgment or decree without the finding of illegality. In any action brought
by the attorney general pursuant to this section, the court may award any of the remedies
allowable under this subdivision.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2010, section 8.31, is amended by adding a subdivision to
1.15 Subd. 3d. Private remedies for Unlawful Trade Practices Act, Prevention of
1.16Consumer Fraud Act, and False Statement in Advertisement Act. To recover damages
1.17in a civil action pursuant to subdivision 3a for violations of the Unlawful Trade Practices
1.18Act (sections 325D.09 to 325D.16), Prevention of Consumer Fraud Act (sections 325F.68
1.19to 325F.70), the False Statement in Advertisement Act (section 325F.67), or other laws
1.20against false or fraudulent advertising, detrimental reliance upon the alleged deceptive,
1.21false, or misleading act, practice, statement, or omission must be pleaded and proved. No
1.22award of damages may be made in an action covered by this subdivision without proof
1.23that the person or persons seeking damages suffered an out-of-pocket loss.
1.24EFFECTIVE DATE.This section is effective the day following final enactment
1.25and applies to actions commenced on or after that date.
Sec. 3. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
2.2A court order certifying a class action, refusing to certify a class action, or denying a
2.3motion to decertify a class action is appealable as a matter of right. While an appeal under
2.4this subdivision is pending, all discovery and other proceedings in the district court are
2.5automatically stayed, except that upon the motion of a party the district court may lift the
2.6stay, in whole or in part, for good cause shown.
2.7EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
2.8issued on or after that date.