Title 51 — Sales and Exchanges

1. This chapter does not prohibit a telephone company from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents or contractors: a. As otherwise authorized by law; b. With the lawful consent of the customer; c…

1. Telephone companies that maintain telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of the records which could result in substantial harm or inconvenience to a customer. 2. This section …

The state's attorney or attorney general may enforce this chapter. In enforcing this chapter, the attorney general has all the powers provided in chapter 51-15 and may seek all the remedies in chapter 51-15. A violation of this chapter is a violation of chapter 51-15. The remedie…

As used in this chapter, unless the context otherwise requires: 1. "Alloy" means a combination of a metal and carbon or other metals. 2. "Business records" means records of any purchase or transaction that involves the receipt of scrap metals made in the ordinary course of busine…

1. Every scrap metal dealer shall keep business records of any purchase, trade, barter, or other transaction that involves the receipt of scrap metals worth over fifty dollars. The business records must include the following information: a. The date, time, and place of each purch…

1. Section 51-35-02 does not apply to: a. Purchases from another scrap metal dealer who regularly conducts scrap metal business in this state. b. Purchases from government agencies. c. Purchases of scrap metal, excluding detached used catalytic converters, from persons regularly …

1. A scrap metal dealer that willfully fails to comply with recordkeeping under section 51-35-02 is guilty of a class B misdemeanor. 2. A scrap metal dealer that willfully buys, receives, possesses, or conceals stolen scrap metal, and the scrap metal is less than five hundred dol…

1. A person may not act as a scrap metal dealer or represent to the public the person is a scrap metal dealer unless the person is registered under this chapter. 2. The attorney general shall issue a certificate of registration to an applicant that: a. Applies as directed by the …

1. Unless the person is registered with the attorney general as a scrap metal dealer under section 51-35-05, a person may not purchase, trade for, or pledge to buy a detached used catalytic converter, or offer or advertise to purchase, trade for, or pledge to buy a detached used …

1. A person commits the offense of theft of a catalytic converter if the person willfully takes possession of, carries away, or exercises control over a catalytic converter with intent to deprive the rightful owner of the catalytic converter. 2. Except as provided under subsectio…

In this chapter, unless the context or subject matter otherwise requires: 1. "Demand letter" means a letter, electronic mail, or other communication asserting or claiming the target engaged in patent infringement. 2. "Target" means any person: a. That receives a demand letter or …

A person may not make a bad faith assertion of patent infringement as prohibited by this chapter.

A court may consider any of the following factors as evidence a person made a bad faith assertion of patent infringement: 1. The demand letter does not contain the following information: a. The patent number; b. The name and address of the patent owner and assignee, if any; or c.…

A court may consider the following factors as evidence a person has not made a bad faith assertion of patent infringement: 1. The demand letter contains all of the information described in subsection 1 of section 51-36-03. 2. If the demand letter lacks the information described i…

Upon motion by a target and a finding by the court that the target has established a reasonable likelihood a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good f…

A target of conduct involving assertions of patent infringement or a person aggrieved by a violation of this chapter may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff that prevails in an action brought pursuant to this …

The attorney general may enforce this chapter. The attorney general, in enforcing this chapter, has all the powers provided in chapter 51-15 and may seek all the remedies in chapter 51-15. Each act in violation of this chapter constitutes a separate violation of chapter 51-15. Th…

This chapter does not apply to: 1. Any person that owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale; notify another of the infringement o…

As used in this chapter: 1. "Agreement" means a written agreement between a customer and a party acting in the usual course of business in which a customer borrows, buys, leases, or obtains merchandise, personal property, real property, or services for valuable consideration. 2. …

1. A person that sells or offers to sell merchandise or a service for a specified period under an agreement containing a provision for automatic renewal shall: a. Present the terms of the automatic renewal offer in a clear and conspicuous manner before a subscription or purchasin…

This chapter does not apply to: 1. The sale of insurance regulated under title 26.1; 2. The sale of public utilities regulated under title 49 or the federal communications commission, or services provided by the public utilities; or 3. A bank, bank holding company, credit union, …

An automatic renewal provision in violation of this chapter is unenforceable and void. If a person sends merchandise or provides a service as a result of an automatic renewal of agreement without complying with the requirements of section 51-37-02 or sends merchandise or provides…

The attorney general may enforce this chapter. The attorney general, in enforcing this chapter, has the powers provided in chapter 51-15 and may seek the remedies in chapter 51-15. Each act in violation of this chapter constitutes a separate violation of chapter 51-15. The remedi…

A person aggrieved by a violation of this chapter may bring an action to enjoin the violation or for restitution, or both. The court may award the plaintiff costs, expenses, and reasonable attorney's fees. This section does not limit any other claims the plaintiff may have agains…

A person may not conduct a sale as an auctioneer or clerk unless registered with the secretary of state.

Repealed by S.L. 2023, ch. 447, § 7.

Registration under this chapter is not required for the following: 1. Sale of an estate by an executor or an administrator. 2. Sale by a sheriff or other person under court order. 3. Sale by a public official acting in an official capacity. 4. Sale of purebred or registered lives…

Repealed by S.L. 2023, ch. 447, § 7.

Repealed by S.L. 2023, ch. 447, § 7. 51-05.1-03. Investigation - Grounds for refusal, suspension, or revocation of license - Hearing on appeal. Repealed by S.L. 2023, ch. 447, § 7.

1. Except as provided in subsection 5, an auctioneer within the meaning of this chapter is a person who, for a compensation or valuable consideration, sells or offers for sale either real or personal property at public auction as a whole or partial vocation. 2. Except as provided…

An auctioneer may not sell the property of another at auction without a prior written contract with the seller which sets forth the terms and conditions upon which the auctioneer will sell the property. A similar contract governing the activities of the auction clerk is required …

A successful bidder may not be required to pay an amount in excess of the successful bid and governmental fees and taxes, unless before bidding the bidder has signed a statement which clearly describes the additional amount and states how the actual amount due will be determined.

Every clerk of an auction sale shall maintain in the clerk's name or firm name, a separate trust account designated as such in a federally insured bank or other federally insured depository in this state in which the clerk immediately shall deposit all funds not the clerk's own, …

Repealed by S.L. 2001, ch. 440, § 2.

Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.

As used in this chapter: 1. "Person" means an individual, corporation, limited liability company, business trust, partnership, association, or any other legal entity. 2. "Relevant market" means the geographical area of actual or potential competition in a line of commerce, all or…

A contract, combination, or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce in a relevant market is unlawful.

The establishment, maintenance, or use of a monopoly, or an attempt to establish a monopoly, of trade or commerce in a relevant market by any person, for the purpose of excluding competition or controlling, fixing, or maintaining prices, is unlawful.

1. Labor of a human being is not a commodity or an article of commerce. 2. Nothing in this chapter forbids the existence and operation of any labor, agricultural, or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its legitimate o…

An action for violation of this chapter must be brought in district court.

1. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, the attorney general may serve upon the person, b…

The attorney general, or a state's attorney with the permission or at the request of the attorney general, may bring an action for appropriate injunctive relief, equitable relief, including disgorgement, and civil penalties in the name of the state for a violation of this chapter…

1. The state, a political subdivision, or any public agency threatened with injury or injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, ta…

A final judgment or decree determining that a person has violated this chapter in an action brought by the state under section 51-08.1-07 or under subsection 1 of section 51-08.1-08, other than a consent judgment or decree entered before any testimony has been taken, is prima fac…

1. An action under section 51-08.1-07 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. 2. An action under section 51-08.1-08 to recover damages is barred if it is not commenced within four years after the claim for …

The remedies provided in this chapter are cumulative.

Nothing in this chapter may be construed so as to abrogate an individual's constitutionally guaranteed rights, privileges, and immunities.

A provision imposing liability on a cardholder for the unauthorized use of a credit card is effective only if the card is an accepted credit card, the liability imposed is not in excess of one hundred dollars, the card issuer gives adequate notice to the cardholder of the potenti…

Sections 51-14.1-03 through 51-14.1-05 do not prohibit a person from recording a credit card number as a condition for cashing or accepting the check or other draft when that person has agreed with the card issuer to cash or accept checks or other drafts from the issuer's cardhol…

Any person who violates any provision of sections 51-14.1-03 through 51-14.1-05 is guilty of an infraction.