2025 Session Last amended: 2014 session

§ 332.38 — Application in Case of Pretended Purchase, Assignment or Use of a Fictitious Name

Plain-Language Summary

Extends Minnesota's debt collection laws to any person who uses a fake purchase, sham assignment, or fictitious name to evade the licensing and conduct requirements. This prevents creditors or others from pretending to be a third-party collector without being licensed.

332.38 APPLICATION IN CASE OF PRETENDED PURCHASE, ASSIGNMENT OR USE OF A FICTITIOUS NAME.

The provisions of sections 332.31 to 332.44 shall apply to any person who, by any device, subterfuge or pretense, makes a pretended purchase or takes a pretended assignment of accounts from another for the purpose of evading provisions of sections 332.31 to 332.44, or, uses a fictitious name or any name other than the person’s own name which would indicate to the debtor that a third person is collecting or attempting to collect such account or claim.

History:

1969 c 766 s 8; 1986 c 444; 2014 c 222 art 2 s 25

History: History: 1969 c 766 s 8; 1986 c 444; 2014 c 222 art 2 s 25

Practical Notes

If a person or company contacts you about a debt using a name that suggests a third-party collection agency but is actually the original creditor trying to avoid licensing requirements, they are violating this section. This anti-evasion rule means the prohibited practices of section 332.37 still apply.

Source: Minnesota Office of the Revisor of Statutes