North Dakota Deceptive Trade Practices Laws

North Dakota has not adopted the Uniform Deceptive Trade Practices Act.  North Dakota deceptive trade practices laws are stated under Unfair Trade Practices Law in Title 51, Chapter 51-10 et seq.

Sections 51-12-01 and 51-12-08, prohibits false advertising, and under Section 51-12-13 false advertising is a class B misdemeanor.  Under Section51-10-05.1 Attorney General can bring an action. Under Section 51-12-14 an action for injunction can be brought by the Attorney General or the prosecuting attorney.  Under Section 51-10-06 a private person is also authorized to bring an action.  Under Sections 51-10-06 and 51-12-14 available remedies are injunction and penalties.

Under Section 39-21-51 of Motor Vehicles code tampering a vehicle’s odometer to misrepresent the miles in the meter is a class one felony if the violator was previously convicted on the same offence; otherwise it is a class B misdemeanor.

N.D. Cent. Code, § 51-10-06 reads:

“51-10-06.  Injunctional relief may be had in addition to other penalties — Duty to commence actions.
  In addition to the penalties provided in this chapter, the courts of this state are invested with the jurisdiction to prevent and restrain violations of this chapter by injunctional proceedings. The attorney general and the several state’s attorneys shall institute suits in behalf of this state, to prevent and restrain violations of the provisions of this chapter. Any person damaged, or who is threatened with loss or injury, by reason of a violation of the provisions of this chapter, is entitled to sue for and have injunctive relief in the district court against any damage or threatened loss or injury by reason of a violation hereof.”

N.D. Cent. Code, § 51-12-08

“51-12-08.  False advertising — Generally.
  It is unlawful for any person with intent, directly or indirectly, to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, any statement, concerning such real or personal property or services, professional or otherwise or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.”
N.D. Cent. Code, § 51-10-05.1 reads:
“51-10-05.1.  Powers of attorney general.
  When it appears to the attorney general that a person has engaged in, or is engaging in, any practice declared to be unlawful by this chapter or when the attorney general believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in, any such practice the attorney general may:
   1. Require that person to file on forms prescribed by the attorney general, a statement or report in writing, under oath or otherwise, as to all the facts and circumstances concerning the sale or advertisement of merchandise at less than cost as defined in this chapter and any other data and information the attorney general may deem necessary.
   2. Examine under oath any person in connection with the sale or advertisement of any merchandise at less than cost as defined in this chapter.
   3. Examine any merchandise or sample of merchandise, record, book, document, account, or paper as the attorney general may deem necessary.
   4. Pursuant to an order of a district court impound any record, book, document, account, paper, or sample of merchandise material to such practice and retain it until completion of all relevant proceedings under this chapter.”


Inside North Dakota Deceptive Trade Practices Laws