§ 332.31 — Definitions
Plain-Language Summary
Defines key terms used in Minnesota's debt collection law, including 'collection agency,' 'debt buyer,' and 'collector.' These definitions determine which businesses and individuals are subject to the licensing and conduct requirements of sections 332.31 to 332.44.
332.31 DEFINITIONS.
§
Subdivision 1.Terms.
The terms in this section for the purposes of sections 332.31 to 332.44 shall have the meanings given them. §
Subd. 2.Person.
“Person” means and includes individuals, partnerships, associations or corporations. §
Subd. 3.Collection agency.
“Collection agency” or “licensee” means (1) a person engaged in the business of collection for others any account, bill, or other indebtedness, except as hereinafter provided; or (2) a debt buyer. It includes persons who furnish collection systems carrying a name which simulates the name of a collection agency and who supply forms or form letters to be used by the creditor, even though such forms direct the debtor to make payments directly to the creditor rather than to such fictitious agency. §
Subd. 4.
[Repealed, 1979 c 144 s 7] §
Subd. 5.
[Repealed, 1979 c 144 s 7] §
Subd. 6.Collector.
“Collector” is a person acting under the authority of a collection agency under subdivision 3 or a debt buyer under subdivision 8, and on its behalf in the business of collection for an account, bill, or other indebtedness except as otherwise provided in this chapter. §
Subd. 7.
[Repealed, 2010 c 384 s 104] §
Subd. 8.Debt buyer.
“Debt buyer” means a business engaged in the purchase of any charged-off account, bill, or other indebtedness for collection purposes, whether the business collects the account, bill, or other indebtedness, hires a third party for collection, or hires an attorney for litigation related to the collection. §
Subd. 9.Affiliated company.
“Affiliated company” means a company that: (1) directly or indirectly controls, is controlled by, or is under common control with another company or companies; (2) has the same executive management team or owner that exerts control over the business operations of the company; (3) maintains a uniform network of corporate and compliance policies and procedures; and (4) does not engage in active collection of debts.
History:
1969 c 766 s 1; 1973 c 720 s 54 subd 2; 1987 c 37 s 1; 2000 c 389 s 1; 2014 c 222 art 2 s 18; 1Sp2021 c 4 art 5 s 1-4
History: History: 1969 c 766 s 1; 1973 c 720 s 54 subd 2; 1987 c 37 s 1; 2000 c 389 s 1; 2014 c 222 art 2 s 18; 1Sp2021 c 4 art 5 s 1-4