Mini-Miranda statement

[silverfox54]

What is the name of your state?What is the name of your state? AZ

On the 18th I posted this thread and got no replies...with the weath of knowledge here I'm surprised...so I thought I'd try again....

On several web sites on the allowable acts of collections agencies when they call you on the phone, I have seen the following statement posted as being mandatory:

"Hello, I am _________(name of collector). I am (or this office is) a debt collector representing____________(creditor). Information obtained during the course of this call will be used for the purpose of collecting the debt."

How much of this statement must the debt collector say and when? If he/she fails to give this statement is that failure actionabile in court as a violation of the Fair Debt Collection Practices Act ? Where in the Fair Debt Collection Practices Act is this "mini_miranda" statement found?


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[Ladynred]

If it is their first contact with you, by phone, then they are required to state the mini-miranda. Same goes for 1st communication letters. The 'mini miranda' IS in the FDCPA more or less. The wording can vary as long as the follow the law. The rest is pretty much established by case law.

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[JETX]

Originally Posted by Ladynred

If it is their first contact with you, by phone, then they are required to state the mini-miranda. Same goes for 1st communication letters. The 'mini miranda' IS in the FDCPA more or less. The wording can vary as long as the follow the law. The rest is pretty much established by case law.

Sorry, but that really isn't totally accurate....
The '3rd party debt collector' MUST make certain statements during their intial contact (verbal or written) and other information is not required until any subsequent contact (or followup).

The 'mini-Miranda' (as some have called it), falls under the following FDCPA:
§ 807. False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
<snip>
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

For more: [url]http://www.lawdog.com/debtcol/dc05p.htm[/url]