Law / United States / Minnesota

Minnesota Consumer Data Privacy Act, Attorney General enforcement

Minn. Stat. § 325M.20

In force since .

An enforcement supervision rule binding private bodies.

Private right of action
No
Audit expectation
none

What it requires

  • Expect MCDPA violations to be enforced exclusively by the Minnesota Attorney General, never by a private plaintiff, including under § 8.31's general private-attorney-general mechanism.
  • Do not rely on a warning letter or cure opportunity before an enforcement action. Minnesota's discretionary 30-day cure mechanism expired .

These lines are LexLint's reading of the law's text. Also read by: Office of the Minnesota Attorney General (guidance, recorded ).

Who enforces it

Settledness

As of
Guidance link
https://www.ag.state.mn.us/Data-Privacy/Business/Controller/Enforcement.asp
Guidance body
Office of the Minnesota Attorney General
Open questions
Does 'each violation' in Minn. Stat. 325M.20(c) count each affected consumer, each unanswered request or each unlawful processing practice when the Attorney General seeks a civil penalty of not more than $7,500?

What it makes you log

Logging duty

Section 325M.20 sets the Attorney General's enforcement powers (a civil action under section 8.31, an injunction, a civil penalty of up to $7,500 per violation, and no private right of action) and imposes no record duty. The Act's records sit in other sections this row does not cite: records of appeals kept 24 months (325M.14, subd. 5(d)) and the Attorney General's power to demand a data privacy and protection assessment by civil investigative demand (325M.18(f)). The section has no scope clause of its own.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Minnesota Attorney General may bring a civil action to enforce MCDPA under the general false-advertising and consumer-protection statute, Minn. Stat. § 8.31, with a civil penalty of up to $7,500 per violation plus litigation costs and injunctive relief. MCDPA expressly bars any private right of action, including one brought under § 8.31's own private-attorney-general provision.

A discretionary warning-letter and 30-day cure opportunity existed but has already sunset, expiring ; the Attorney General may now sue directly without first offering a cure window.

When LexLint raises it

When your app profile says your app processes personal data.

Back to the example  ·  Lint your app

Page updated .