North Dakota Consumer Law

In North Dakota, the mini-FTC act is N.D. Cent. Code §§51-15-01 through 51-15-11.  Under this legislation, plaintiffs have a cause of action when a business or person commits a deceptive act, fraud, false pretense, false promise, or misrepresentation, with the intent that others rely thereon in connection with the sale or advertisement of any merchandise.  To sustain an action, the plaintiff must not show actual harm due to the defendant’s conduct.  There is a statute of limitations for actions under the statute of six years for all fraud-based actions in North Dakota.

A successful plaintiff is entitled to compensatory damages or three times actual damages if the defendant’s actions were committed knowingly as potential remedies for a violation.  Damages are not capped, and attorneys’ fees are recoverable if the defendant’s actions were committed knowingly. Class actions are permitted under the statute.