Unfair and Deceptive Practices
N.D.C.C. § 51-15-02 — deception in a sale is unlawful whether or not anyone was misled, and a knowing violation can mean triple damages
Any deceptive act, fraud, false pretense, false promise or misrepresentation, meant to be relied on in selling or advertising merchandise, is an unlawful practice whether or not anyone was actually misled or harmed. So is an unconscionable practice, or one causing substantial injury a buyer could not reasonably avoid.
- A person who lost money or property to an unlawful practice may sue for it.
- If the defendant acted knowingly, the court may award up to three times the actual damages, and must award costs and reasonable attorney's fees.
- The suit is due within four years, counted from when the facts of the violation were discovered.
- The attorney general may also sue for an injunction and restitution.
Sources for this section (4)
- N.D.C.C. § 51-15-02 — Unlawful practices - Fraud - Misrepresentation - Unconscionable
- N.D.C.C. § 51-15-09 — Claims not barred
- N.D.C.C. § 51-15-12 — Limitation of actions
- N.D.C.C. § 51-15-07 — Remedies - Injunction - Other relief - Receiver - Cease and desist orders - Civil penalties - Costs recoverable in adjudicative proceedings
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.