2007 Minnesota Statutes

325F.92 LESSOR'S COMMUNICATIONS CONCERNING LESSEE.
    Subdivision 1. Location information. A lessor in communication with any person other
than the lessee for the purpose of acquiring information as to the location of a lessee shall:
(1) identify the lessor and state that the lessor is confirming or correcting location information
concerning the lessee;
(2) not communicate with any person more than once unless requested to do so by the person
or unless the lessor reasonably believes that the earlier response is erroneous or incomplete and
that the person now had correct or complete location information;
(3) not communicate by postcard;
(4) not use any language or symbol on any envelope or in the contents of any communication
that indicates that the communication relates to the recovery or repossession of property; and
(5) not communicate with any person other than the lessee's attorney, after the lessor knows
the lessee is represented by an attorney with regard to the rental-purchase agreement and has
knowledge of, or can readily ascertain, the attorney's name and address, unless the attorney fails
to respond within a reasonable period of time to communication from the lessor or unless the
attorney consents to direct communication with the lessee.
    Subd. 2. Time and place. Without the prior consent of the lessee given directly to the lessor
or the express permission of a court of competent jurisdiction, a lessor may not communicate with
a lessee in connection with the recovery or repossession of property:
(1) at the lessee's place of employment; or
(2) at any unusual time or place or a time or place known or which should be known to be
inconvenient to the lessee. In the absence of knowledge of circumstances to the contrary, a lessor
shall assume that the convenient time for communicating with a lessee is after 8:00 a.m. and
before 9:00 p.m., local time, at the lessee's location.
    Subd. 3. Authorized communications. A lessor may not communicate, in connection with
the rental-purchase agreement, with any person other than the lessee, the lessee's attorney, or the
lessor's attorney, except as reasonably necessary to acquire location information concerning the
lessee as provided under subdivision 1, or upon prior consent of the lessee given directly to the
lessor, or upon express permission of a court of competent jurisdiction, or as reasonably necessary
to effectuate a postjudgment judicial remedy.
    Subd. 4. Ceasing communication. If a lessee notifies the lessor in writing that the lessee
wishes the lessor to cease further communication with the lessee, the lessor shall not communicate
further with the lessee with respect to the rental-purchase agreement, except:
(1) to advise the lessee that the lessor's further efforts are being terminated;
(2) to notify the lessee that the lessor may invoke specified remedies allowable by law
which are ordinarily invoked by the lessor; or
(3) where necessary to effectuate any postjudgment remedy.
    Subd. 5. Harassment or abuse. A lessor may not harass, oppress, or abuse any person
in connection with a rental-purchase agreement. The following conduct is a violation of this
subdivision:
(1) the use or threat of use of violence or the criminal means to harm the physical person,
reputation, or property of any person;
(2) the use of obscene, profane, or abusive language;
(3) causing a telephone to ring, or engaging any person in telephone conversation repeatedly
or continuously with intent to annoy, abuse, or harass any person; and
(4) the placement of telephone calls without disclosure of the caller's identity.
History: 1990 c 527 s 9