Privacy and Identity Theft

Minnesota Consumer Data Privacy Act

• Statute Text (325M.10 – 325M.21)
• AG’s Office Guide for Businesses
• MADA Summary *COMING SOON*

Federal Privacy Rule

• FTC Material
• FTC FAQ for Automobile Dealers
• MADA Summary *UNDER REVIEW*

Federal Risk Based Pricing Rule (Credit Score Disclosure)

• Rule Text
• Model Credit Score Disclosure
• MADA Material *UNDER REVIEW*

Federal Safeguards Rule

• FTC Material
• Data Breach Notifications
  • The Safeguards Rule requires financial institutions (including dealers) to provide an electronic notice to the FTC as soon as possible and no later than 30 days after discovering a notification event involving the information of at least 500 consumers. A notification event is the unauthorized acquisition of unencrypted customer information.
  • Minnesota has a separate data breach reporting statute (Minn. Stat. § 325E.61), but dealers are exempt under Minn. Stat. § 325E.61, subd. 4. 

Red Flags Rule

• FTC Material 
• MADA Red Flags Summary *UNDER REVIEW*

Damage Disclosure

Damage Disclosure and Title Branding – Minnesota Statutes

• 325F.664 New Motor Vehicle Damage Disclosure 
• 325F.6641 Disclosure of Motor Vehicle Damage
• 325F.6642 Title Branding
• 325F.6643 Remedies; Penalties
• 325D.44 Deceptive trade practices
  • Subdivision 1(6) prohibits a seller from representing goods as new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand

Warranty / Lemon Law

New Vehicle Repair or Replace – Minnesota Statute

• 325F.665 New Vehicle Lemon Law

Used Vehicle Warranty – Minnesota Statute

• 325F.662 Used Vehicle Warranty Law
• MADA Summary – Used Vehicle Warranty *UNDER REVIEW*

Minnesota’s Price Transparency Law (“Junk Fee Law”)

• MN AG’s Office FAQs
• Minnesota’s new “junk fee” law, which went into effect January 1, 2025, requires businesses to include all mandatory fees and charges—excluding taxes—in the advertised, displayed, or offered price of goods or services.
  If a dealership automatically adds a shop supply fee to customer invoices and does not give customers the option to decline it, the fee qualifies as a mandatory fee under Minnesota’s junk fee law.
  That means the dealership must include the fee in the advertised or quoted price for services. For instance, if a dealer advertises a $49.95 tire rotation but always adds a $5.99 shop supply charge, the dealer must instead advertise the service as $55.94.
  Best Practices:
  • Roll the shop supply fee into the advertised price if it’s mandatory.
  • If you want to keep the fee separate, give customers the option to decline it and disclose it clearly in advance.
  • Review all service pricing displays—digital and print—to ensure full compliance with the law’s “all-in pricing” requirement.