State Ex Rel. Humphrey v. Alpine Air Products, Inc.

TOMUANOYICH, Justice.

In this case we must decide the standard of proof to be applied in consumer fraud litigation. After a bench trial, Alpine Air Products [“Alpine”] and its president, William Converse were found liable for violations of Minnesota’s False Statement in Advertising Statute, 1 Uniform Deceptive Trade Practices Act, 2 and Prevention of Consumer Fraud Act. 3 The trial court applied a preponderance of the evidence standard and awarded a civil penalty. The court of appeals affirmed the use of this standard and the constitutionality of the penalty. State by Humphrey v. Alpine Air…