Failure to include all mandatory fees or surcharges in a display or offer of goods or services constitutes a deceptive trade practice under provisions of MN State law.
Mandatory fee definition includes any fee not reasonably avoidable by the consumer.
Require delivery platforms to disclose any additional fees or percent amount for fees applied; clearly display fees on subtotal or expense itemization page before check out.
If the person disseminating the ad is independent of the advertiser, they are not liable.
Re deceptive trade practices, define person to be individual, corporation, partnership, firm, incorporated or unincorporated association, any other commercial or legal entity.
Legislative History
On Feb. 12, 2024, bill introduced in House; on Apr. 11, 2024, bill was passed in House.
On Apr. 15, 2024, bill introduced in Senate; on May 1, 2024, bill passed in the Senate.
On May 2, 2024, bill sent to House, did not concur; conference committee convened.
Effectiveness
HF 3438 effective on governor signature or allows it to become law without signature.
May. 2024 MN LEG Bill Passage
On May 15, 2024, MN LEG reported amended bill was passed by Senate and House.
May 20, 2024 MN LEG Governor Approval
On May 20, 2024, MN LEG reported that bill HB 3438 was approved by the governor.
Bill was assigned Chapter 111 and becomes effective Jan. 1, 2025 for most industries.
