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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

332.37 PROHIBITED PRACTICES.
No collection agency or collector shall:
(1) in collection letters or publications, or in any communication, oral or written threaten
wage garnishment or legal suit by a particular lawyer, unless it has actually retained the lawyer;
(2) use or employ sheriffs or any other officer authorized to serve legal papers in connection
with the collection of a claim, except when performing their legally authorized duties;
(3) use or threaten to use methods of collection which violate Minnesota law;
(4) furnish legal advice or otherwise engage in the practice of law or represent that it is
competent to do so;
(5) communicate with debtors in a misleading or deceptive manner by using the stationery
of a lawyer, forms or instruments which only lawyers are authorized to prepare, or instruments
which simulate the form and appearance of judicial process;
(6) exercise authority on behalf of a creditor to employ the services of lawyers unless the
creditor has specifically authorized the agency in writing to do so and the agency's course of
conduct is at all times consistent with a true relationship of attorney and client between the
lawyer and the creditor;
(7) publish or cause to be published any list of debtors except for credit reporting purposes,
use shame cards or shame automobiles, advertise or threaten to advertise for sale any claim as a
means of forcing payment thereof, or use similar devices or methods of intimidation;
(8) refuse to return any claim or claims and all valuable papers deposited with a claim or
claims upon written request of the creditor, claimant or forwarder after tender of the amounts due
and owing to the agency within 30 days after the request; refuse or intentionally fail to account to
its clients for all money collected within 30 days from the last day of the month in which the same
is collected; or, refuse or fail to furnish at intervals of not less than 90 days upon written request of
the claimant or forwarder, a written report upon claims received from the claimant or forwarder;
(9) operate under a name or in a manner which implies that the agency is a branch of or
associated with any department of federal, state, county or local government or an agency thereof;
(10) commingle money collected for a customer with the agency's operating funds or use any
part of a customer's money in the conduct of the agency's business;
(11) transact business or hold itself out as a debt prorater, debt adjuster, or any person who
settles, adjusts, prorates, pools, liquidates or pays the indebtedness of a debtor, unless there is no
charge to the debtor, or the pooling or liquidation is done pursuant to court order or under the
supervision of a creditor's committee;
(12) violate any of the provisions of the Fair Debt Collection Practices Act of 1977 while
attempting to collect on any account, bill or other indebtedness;
(13) communicate with a debtor by use of a recorded message utilizing an automatic dialing
announcing device unless the recorded message is immediately preceded by a live operator who
discloses prior to the message the name of the collection agency and the fact the message intends
to solicit payment and the operator obtains the consent of the debtor to hearing the message;
(14) in collection letters or publications, or in any communication, oral or written, imply or
suggest that health care services will be withheld in an emergency situation;
(15) when a debtor has a listed telephone number, enlist the aid of a neighbor or third party
to request that the debtor contact the licensee or collector, except a person who resides with the
debtor or a third party with whom the debtor has authorized the licensee or collector to place the
request. This clause does not apply to a call back message left at the debtor's place of employment
which is limited to the licensee's or collector's telephone number and name;
(16) when attempting to collect a debt, fail to provide the debtor with the full name of the
collection agency as it appears on its license;
(17) collect any money from a debtor that is not reported to a creditor or fail to return any
amount of overpayment from a debtor to the debtor or to the state of Minnesota pursuant to the
requirements of chapter 345;
(18) accept currency or coin as payment for a debt without issuing an original receipt to the
debtor and maintaining a duplicate receipt in the debtor's payment records;
(19) attempt to collect any amount of money from a debtor or charge a fee to a creditor that
is not authorized by agreement with the client;
(20) falsify any collection agency documents with the intent to deceive a debtor, creditor,
or governmental agency; or
(21) when initially contacting a Minnesota debtor by mail, fail to include a disclosure on the
contact notice, in a type size or font which is equal to or larger than the largest other type of type
size or font used in the text of the notice. The disclosure must state: "This collection agency is
licensed by the Minnesota Department of Commerce."
History: 1969 c 766 s 7; 1981 c 229 s 2; 1987 c 37 s 4; 1988 c 592 s 12; 1993 c 295 s 1;
1999 c 137 s 10; 2004 c 208 s 4; 2005 c 10 art 2 s 4

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