Use of Mini Meranda

[Anonymous]

Hello, I am curious if anyone knows the laws collection agencies must use with regards to the mini meranda. I know letters from them must have it included, but my husband works for a CA that says it is law they need to say it with at least the first contact they have with a debtor. However, I know that not all CA do this. Does anyone know what the law states on that? Thank you!

[Anonymous]

If you mean Miranda, that's what the police have to say when they arrest you, which everyone knows by heart from watching Law and Order: "You have the right to remain silent.  Anything you say may be used against you in a court of law.  You have a right to an attorney ..."

Section 809 of The Fair Debt Collection Practices Act says that CAs have to give you certain information in writing, including the amount of the debt, the creditor, a statement that you have 30 days to dispute the debt, etc.  Section 807 also says that a CA has to indicate in writing that it is a debt collector, that it is attempting to collect a debt, that info provided by the individual will be used for that purpose, etc.

Is that what you meant?

[Anonymous]

Yes, that is what I meant. My husband was told that he has to verbally say what they call the "Mini Miranda" stating that they are a debt collector attempting to collect a debt. I have been called by CA before and none of them had ever verbally said any of that. I was just wondering if this is a new law or something that a CA must verbally say they are a debt collector attempting to collect a debt, or if it is just in the letter they must say that.

[Anonymous]

OK, I hesitate to play mini-lawyer and just pull stuff out of legislation, but I found this in the Fair Debt Collection Practices Act, and it seems to say they gotta tell you on the phone:

807. False or misleading representations

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:

...

(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.

Message Edited by masdeocho on 01-24-2008 02:26 PM

[Anonymous]

Thank you! That is what I needed to know!

[Anonymous]

You're welcome!

Here is a link to the Fair  Debt Collection Practices Act.  It's on the FTC (Federal Trade Commission) website.

http://www.ftc.gov/os/statutes/fdcpajump.shtm