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Mini Miranda Warning - Is anybody aware of this



learningfast

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Sub: Mini Miranda Warning - Is anybody aware of this
Thu, 29/11/2012 15:10



Vikas had posted the above in another thread, and so that I'm not hijacking from that thread I wanted to start a fresh one to ask a specific question.

About the above -- I read on a site run by an attorney that in 1996 an amendment was made to fdcpa which requires the "mini-Miranda warning" to be included only in the initial communication. Subsequent communications must only cite that the communication is from a debt collector.

Has anyone else seen anything similar to the above? Not trying to nitpick the point, but as I'm trying to learn quickly I'd like to know which is actually current/correct.

Thanks!



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Unregistered

Sub: #5 Pay your NO PROFANITY ALLOWED bills and you won't have to misquoThu, 11/29/2012 - 15:10



Pay your NO PROFANITY ALLOWED bills and you won't have to misquote the law.

Follow the !*$#*@ rules and you won't have to misquote the law youself, and be edited.
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--skydivr7673


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Sub: #6 It is "the debt collector is attempting to collect a debt and thThu, 05/05/2011 - 22:03



It is "the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose." (FDCPA ? 807. False or misleading representations #11).

I see there is a discussion about voice mail message. I must refer you to FOTI VS NCO. That is the reason for the whole pauses and to say hang up or discontinue listening now. It's to provide the information to the consumer (mini-miranda warning) without disclosing the information to a 3rd party. You would have to give a compelling case how your message was listened to a 3rd party and how they told them you owed a debt. Some collection agencies leave messages others don't.


Unregistered

Sub: #7 Compliance is key to running a successful office. The mini miranMon, 05/02/2011 - 12:33



Compliance is key to running a successful office. The mini miranda is a good discussion especially when dealing with unlawful or non compliant companies. Just please, lets not lump all collectors together as liars and theives. Some of us work for reputable banks and merchandisers. It is in our best interest to maintain our customers, not threaten and violate. Not all agencies buy debt. Like ours, we are an in house collections department for a major chain retailer. Yes we want the money, no we don't want to lose a lifelong customer over $50. We just want to help clear up this matter amicably and help our customers through what has been one heck of a recession. We understand that sometimes things happen and we all need to prioritize where our money goes. That said, it doesn't relieve us of our obligations to repay that which we rightfully owe when our personal conditions improve.
BTW, our company using the mini miranda when speaking to the actual customer/debtor, all mail and correspondence but never leaves it on an answering machine. It leaves open the possibility that we might accidently disclose information (even just the fact that you owe a debt) to a third party. Our lawyers tell us that this is a safe, reliable approach, that has been approved by our state and federal authorities.


paulmergel
paulmergel


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Sub: #8 yeah sure all collection calls are recorded.if that is the case Sat, 03/26/2011 - 12:50



yeah sure all collection calls are recorded.if that is the case then why when i have had people i know contend that.they mystreiously can't play the call back?i love how you people come on with stupidity.yes i know legit collectors do monitor and record calls,and bottomfeeding slime claim to as well,but we all know that bottomfeeding slime really don't.as if they want threats of arrest,immediate legal action,and garnishment on a tape that can be legally taken and played in court.i thought so.

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Sub: #9 Quote:My question is: Is there anything that could be done aboutSat, 03/26/2011 - 00:29



Quote:
My question is: Is there anything that could be done about this?
Yes, You can ask the supervisor to listen to the recording since all the collection calls are recorded but be sure that you will not embarrass yourself before asking to listen to the recording.


Unregistered

Sub: #10 Here's a question. When my fiance called to find out what the coWed, 02/09/2011 - 10:40



Here's a question. When my fiance called to find out what the collection agency was trying to collect on, she was not read her mini miranda and then was placed on hold "please hold i have another call coming in" and was not even given time to say yes or no. When the agent returned to her line, my fiance immediately requested to speak with a supervisor, when transfered to supervisor, he also did not read the mini miranda.
I myself had to act as mediator due to the fact that the supervisor was not being clear as to why the sum was so large(was also hard to understand his accent{middle eastern}) and that my fiance was becoming frustrated. When we brought up the subject of not being "mini mirandized" he asked us to inform him of the name of the original agent, we could not understand original agent's accent therefore we could not tell the supervisor the original agent's name. The supervisor then informed us that he would look into whom it was that received our call initially and to call back in 15 mins.
When we called back, of course whomever answered the line read a mini miranda. We were then retransfered to the supervisor who also read the mini miranda when he answered his line. Then tried to say that we were read it and that it now counts.
My question is: Is there anything that could be done about this?


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