North Dakota: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

yes

51-15-09

this chapter does not bar any claim for relief by any person against any person who has acquired any moneys or property by means of any practice declared to be unlawful

Actual damages

Recovery for the loss a person actually suffered.

actual damages proven

51-15-09

recover up to three times the actual damages proven

Statutory minimum damages

A stated minimum or fixed amount of damages.

Not found in the statute text reviewed

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

up to three times the actual damages proven

51-15-09

the court may order that the person commencing the action recover up to three times the actual damages proven

Attorney fees

Rules for recovering the cost of legal representation.

court must order the person commencing the action recover costs, disbursements, and actual reasonable attorney's fees

51-15-09

the court must order that the person commencing the action recover costs, disbursements, and actual reasonable attorney's fees incurred in the action

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

notice must state generally the relief sought and be served at least ten days before the hearing of the action

51-15-07

The notice must state generally the relief sought and be served at least ten days before the hearing of the action.

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Not found in the statute text reviewed

Time limit for a claim

The period in which an action must be brought.

four years after the claim for relief accrues

51-15-12

an action for relief under this chapter is barred if the claim is not commenced within four years after the claim for relief accrues

Injunctive relief

Court orders requiring conduct to stop or change.

attorney general may seek and obtain an injunction prohibiting that person from continuing the unlawful practice

51-15-07

the attorney general may seek and obtain in an action in a district court an injunction prohibiting that person from continuing the unlawful practice

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than five thousand dollars for each violation

51-15-11

The court may assess for the benefit of the state a civil penalty of not more than five thousand dollars for each violation of this chapter