Minnesota Fair Debt Collection Practices Act
Nobody should have to endure harassment and humiliation from a
debt collector or creditor when having difficulty paying
bills. Difficult economic times are stressful enough.
To protect consumers from undue harassment or abuse, Congress
enacted the Fair Debt Collection Practices Act. Protection
from harassment does not have to necessarily end there.
Consumers in certain states can turn to the laws of their own state
for added protection. Minnesota, for instance, is a state
that has enacted legislation to protect consumers that covers
collection agencies. Minn. Stat. §§332.31 to 332.45
The Minnesota law covers debt collection agencies, but excludes
lawyers, financial institutions (such as banks and other lenders),
and real estate professionals.
The statute is a licensing statute - requiring the debt
collector to be licensed to collect in Minnesota. The law
prohibits misleading or deceptive communications,
misrepresentations that one is an attorney or credit bureau,
simulated legal process, unlawful threats or coercion,
publications, misrepresenting itself as a government agency, using
fictitious names, failure to provide full agency name when
collecting a debt, enlisting the aid of neighbors, failure to
report monies collected. The Minnesota law makes no mention
of any private remedies.