Federal Court in Minnesota Dismisses Consumer Protection Claims Asserted Against Nursing Home

A Minnesota federal court dismissed an class action filed against a nursing home alleging violations of Minnesota’s Prevention of Consumer Fraud Act, Deceptive Trade Practices Act, and the False Statement in Advertising law, preventing the plaintiff from pursuing a negligence claim under consumer protection statutes. A resident of the nursing home claimed that the nursing home violated these laws by making false representations regarding the quality of care provided to residents. Such claims are becoming increasingly popular among plaintiffs and their attorneys who seek to use consumer practice statutes because of their enhanced penalties and attorney fee provisions, and to avoid the strictures of a traditional professional negligence action.

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