Title 4, Economic Resources

Consumer Counsel: Findings and Purpose. (a) The legislature declares that the public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumers and the businesses. The legislature further declares that go…

Definitions. As used in this article: (a) “Business practice” means any conduct carried out in a business context, whether an isolated act or a continuing series of related acts. (b) “Commerce” and “trade” mean the sale, advertising, offering for sale, contracting for sale, excha…

Unlawful Acts or Practices. The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful: (a) Passing off goods or services as those of another; (b) Causing likelihood of confusion…

Exemptions. Nothing in this article shall apply to: (a) Actions or transactions carried out by the Commonwealth government, any branch thereof or any other governmental agency; or (b) Actions or transactions carried out by any person in the communication media, including any tele…

Restraint of Prohibited Acts. (a) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared in 4 CMC § 5105 to be unlawful, and that proceedings would be in the public interest, the Attorney Gen…

Unnecessary Elements of Unfair Competition. In order to prove an act of unfair competition, it is not necessary to show harm to a consumer or the presence of competition. Source: PL 6-46, § 6, modified.

False or Misleading Statement. (a) It is an offense for any person, or any employee or agent, with intent directly or indirectly to dispose of real or personal property, or to perform services, professional or otherwise, or to induce the public to enter into any obligation relati…

Statute of Limitations. Any action to enforce any cause of action pursuant to this article shall be commenced within four years after the cause or action accrued. Source: PL 6-46, § 8, modified.

Remedies Cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this article are cumulative to each other and to the remedies or penalties available under all other laws of the Commonwealth. Source: PL 6-46, § 9, modified.

Private and Class Actions. (a) Any person aggrieved as a result of a violation of this article may bring an action in the Commonwealth Superior Court for such legal or equitable relief as the court may order. In addition to actual damages, the court shall award liquidated damages…

Non-Negotiability of Consumer Paper. (a) If any contract for sale or lease of consumer goods or services on credit entered into between a retail seller and a retail buyer requires or involves the execution of a promissory note or instrument or other evidence of indebtedness of th…

Assurances of Voluntary Compliance. In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the article from any person who has engaged in or is about to enga…

Investigation Authorized. (a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when the Attorney General believes it to be in the public interest that an …

Authority of Attorney General to Issue Subpoenas, Administer Oaths, Conduct Hearings, and Promulgate Rules and Regulations. To accomplish the objectives and to carry out the duties prescribed by this article, the Attorney General, in addition to other powers conferred upon him by…

Service of Notices, Demands or Subpoenas. Service of any notice, demand or subpoena under this article shall be made personally within the Commonwealth, but if personal service cannot be obtained, substituted service may be made in the following manner: (a) Personal service there…

Orders for Enforcement of Subpoenas or Investigative Demands. (a) If any person fails or refuses to file any statement or report, to or obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to the Commonwealth Supe…

Regulations. (a) The consumer counsel with the concurrence of the Attorney General may promulgate regulations to carry out the purposes of this article. (b) In addition to any other regulation required under this article, the counsel may issue regulations to specify or clarify th…

Discrimination. It is an offense for any merchant to discriminate in commerce with any person on the basis of the race, color, creed, religion, sex, age, ethnic background, national origin, citizenship, or place of birth or residence of the person. Source: PL 6-46, § 12.

Civil Penalties. (a) Any person who violates the terms of an injunction issued under 4 CMC § 5107 shall forfeit and pay to the Commonwealth a civil penalty of not more than $10,000 per violation. For the purposes of this section, the Commonwealth court issuing an injunction shall…

Criminal Penalties. (a) Any merchant who knowingly or recklessly violates any provision of this article shall, upon conviction, be fined not more than $2,000, or imprisoned for not more than six months, or both. Each violation shall be a separate offense. (b) Whenever a corporati…

Construction. (a) In interpreting this article, the courts of the Commonwealth shall construe any ambiguity in any provision of this article, or in any regulation or order issued under this article, or in any implied or expressed warranty covered by this article, or any similar a…

Title. This article shall be known as the Commonwealth Disaster Price Freeze Act of 1996. Source: PL 10-17, § 2, modified. Commission Comment: PL 10-17 took effect June 21, 1996. According to PL 10-17, § 1: Section 1. Findings. The Legislature finds that there is a serious and co…

Price Freeze. (a) Declaration. Upon the Governor’s declaring that the Commonwealth is in typhoon condition two, or tropical storm condition one, or in case of the Governor’s declaration of a state of significant emergency or a state of major disaster, pursuant to his or her const…

Penalties. (a) Criminal Penalties. Any person who sells, or presents for sale, an item whose price has been raised or increases housing rentals including apartments and condos while a price freeze was in effect, shall be guilty of a felony, and shall be subject to a penalty of no…

Not an Exclusive Remedy. Nothing in this law shall prevent the bringing of any action pursuant to the Commonwealth Consumer Protection Act (article 1 of this chapter [4 CMC § 5101 et seq.]). Source: PL 10-17, § 5, modified.

Definitions. As used in this article: (a) “Assistive device” means any device, including a demonstrator, that a consumer purchases or accepts transfer in the Commonwealth, which is used for a major life activity. This includes, but is not limited to, manual wheelchairs, motorized…

Assistive Device Warranty. (a) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less t…

Replacement or Refunds. (a) To receive a comparable new assistive device or a refund due under 4 CMC § 5162(d) and amendments thereto, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to th…

Enforcement after Refund. No person shall enforce the lease against the consumer after the consumer receives a refund due under 4 CMC § 5162(d)(3) and amendments thereto. Source: PL 11-101, § 5, modified.

Rights, Remedies, and Waivers. (a) This article shall not be construed to limit rights or remedies available to a consumer under any other law. (b) Any waiver by a consumer of rights under this article is void. (c) In addition to pursuing any other remedy, a consumer may bring an…

Failure to Comply; Action by Attorney General. (a) This article shall be part of and supplemental to the Consumer Protection Act (4 CMC § 5101 et seq.). (b) Any failure to comply with the provisions or requirements, or both, of this article is a deceptive act or practice with the…

Timely Refund Requirement. Businesses in the Commonwealth that require security deposits as a condition for renting or leasing of property shall refund the balance of the security deposit within ten days after the property is returned. Source: PL 14-65, § 2, modified. Commission …

Regulatory Authority. The Enforcement and Compliance Division of the Department of Commerce shall adopt regulations to implement the provisions of this Act. Source: PL 14-65, § 3.

Penalties. Any business found in violation of this Act shall be assessed a court fine of up to $1,000 per violation. Source: PL 14-65, § 4.

Definitions. For the purposes of this Article, the following terms have the following meanings: (a) “Immigration or residency matter” means any proceeding, filing, or action affecting the nonimmigrant, immigrant, residency, non-residency or citizenship status of any person that a…

Exemptions. (a) The following persons and entities are exempt from this Article, provided they prove the exemption by the preponderance of the evidence: (1) An attorney licensed to practice law in any state or territory of the United States or of any foreign country, when authori…

Permissible Services. (a) Any person who provides or offers to provide immigration or residency assistance service may perform only the following services: (1) Completing a government agency form, requested by the customer and appropriate to the customer’s needs, only if the comp…

Prohibited Conduct. (a) No person subject to this Article shall charge fees directly or indirectly for referring an individual to an attorney or for any immigration or residency matter not authorized by this Article, provided that a person may charge a fee for notarizing document…

Surety Required. Any person performing immigration or residency services shall register with the Attorney General and submit verification of malpractice insurance or of a surety bond in an amount to be determined by regulation or rule promulgated by the Attorney General. Source: …

Written Contract Required. (a) Except as provided otherwise in this subsection, before providing any assistance in an immigration or residency matter a person shall provide the customer with a written contract that includes the following: (1) An explanation of the services to be …

Signage Required. Any person who provides or offers immigration or residency assistance service and is not exempted from this Article, shall post signs at his or her place of business, setting forth information in English, Chamorro or Carolinian and in every other language in whi…

Advertising Requirements. (a) Every person engaged in immigration or residency assistance service who is not an attorney who advertises immigration or residency assistance service in a language other than English, whether by radio, television, signs, business cards, pamphlets, ne…

Penalties and Remedies. (a) Any person who violates any provision of this Article, or the rules and regulations promulgated under this Article, shall be guilty of a misdemeanor for a first offense punishable by a fine not to exceed $ 500.00, a term of imprisonment not to exceed o…

Rule-making Authority. The Attorney General shall issue rules or regulations not inconsistent with this Article for the implementation, administration, and enforcement of this Article. The rules or regulations may provide for the following: (a) The content, print size, and print …

Short Title. This division may be cited as the Commonwealth Banking Code of 1984. Source: PL 3-104, § 100. Commission Comment: PL 3-104 took effect February 6, 1984. PL 3-104, § 1105 repealed PL 3-11, §§ 104(p) and 503(d)(1) and (2), as well as 29 TTC §§ 101-106, and exempted “ba…

Purpose. It is the purpose of this division to establish a comprehensive code for the regulation of the banking business within the Commonwealth which will protect depositors and consumers while also encouraging development of the banking, finance and investment industry and in p…