Law / United States / Northern Mariana Islands

CNMI Consumer Protection Act, general applicability

4 CMC §§ 5101-5123

In force since .

An enforcement supervision rule binding private bodies.

Audit expectation
on_request
Who audits it
Regulator

What it requires

  • Do not misrepresent the sponsorship, approval, characteristics, or affiliation of your product, service, or automated system to a Commonwealth consumer, including a chatbot or AI agent that could be mistaken for a human representative.
  • Expect the CNMI Attorney General's Consumer Counsel, or a private plaintiff, to be the enforcer of a false data-handling or privacy representation, since the Commonwealth has no dedicated data-protection regulator or comprehensive privacy statute.

These lines are LexLint's reading of the law's text. Also read by: Salty Saipan Corp. v. Shakir, 2018 MP 18 (recorded ).

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

4 CMC § 5122(a): a merchant who knowingly or recklessly violates the Act may be fined not more than $2,000, imprisoned not more than six months, or both, each violation a separate offense; § 5122(b) extends the same exposure to a corporate officer or agent who knowingly and willfully authorized, ordered, or carried out the violation.

Penalty structure

4 CMC § 5121(b) sets the general civil penalty at not more than $2,500 per violation, recovered by the Attorney General. A separate, higher penalty of up to $10,000 per violation applies under § 5121(a) where the violation is of an injunction issued under § 5107, and each day of continuing conduct is a separate violation under § 5121(a).

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
2,500

Statutory damages

As of
Class action available
Yes

Who enforces it

Enforcement body

CNMI Office of the Attorney General, through its designated Consumer Counsel

Settledness

As of
Case link
https://cnmilaw.org/pdf/supreme/2018-MP-18.pdf
Case citation
Salty Saipan Corp. v. Shakir, 2018 MP 18
Open questions
Does 'the consumer' in section 5105(m), a term that section 5104 does not define, include a person who uses a service without paying for it?

What it reaches

How the hook was established

express

What makes it apply

Operator establishment

Obligation class

Prohibition, Disclosure

Applicability criteria

As of
Combinator
All of
Criteria
in the conduct of any trade or commerce

What it makes you log

Who may demand the log

Regulator

Logging duty

The Act declares unfair and deceptive practices unlawful and gives the Attorney General and a consumer counsel enforcement tools. It names no log, register or record that a merchant must keep and sets no retention period. Section 5115(a) lets the Attorney General serve an investigative demand on any person believed to hold information, documentary material or physical evidence, and section 5116 adds subpoenas and a bar on public disclosure of what is obtained. That is a regulator's power to demand production, not a duty to log. Section 5114 assurances of voluntary compliance are filed with the Superior Court and are not a record the merchant keeps. The merchant definition in section 5104(f) reaches a person who must hold a Commonwealth business license or who, from outside the Commonwealth, engages in commerce within it.

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 Consumer Protection Act prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce, including passing off goods or services as another's, causing a likelihood of confusion as to affiliation or sponsorship, and representing that goods or services have characteristics they do not have.

It carries no personal-data-specific provision, but its general prohibition on deceptive representations is the Commonwealth's only current mechanism against a business that misrepresents its own data collection, use, or sharing practices, the role the Federal Trade Commission Act's Section 5 plays nationally absent a comprehensive federal statute. A consumer counsel designated within the Office of the Attorney General enforces the Act, and an aggrieved consumer may also sue directly.

When LexLint raises it

When your app profile says your app deploys a chatbot or processes personal data.

Back to the example  ·  Lint your app

Page updated .