Internet's first get-out-of-debt community - 145,000 members

Is a debt collector required to give the mini miranda if I call the company to discuss my account, or is it strictly for when they calls me?

Posted: Thu Dec 28, 2006 4:51 pm Subject:

mr washington - I have received the "mini miranda" on both occasions - when they called me and when I called them, though the time I called a collection agency, the mini miranda was a pre-recorded hold message.

Also, since you have registered with this site, a debt counselor will be calling you to discuss debt consolidation or settlement. The decision whether or not to use their services is ultimately up to you.

Posted: Fri Dec 29, 2006 3:00 pm Subject:

I'm of the opinion that the mini miranda warning is without teeth. Just because they tell you that the conversation is being recorded doesn't mean you have to consent to having it recorded. In the State of Tennessee, you must ask for consent to record a conversation. Anytime I deal with a CA, I ask for their consent to record. If they don't give it, we don't talk. I'll write a letter and actually, that's the better way to deal with them. That way, there is a written record that can be presented in the event legal action ensues.

Posted: Fri Dec 29, 2006 3:12 pm Subject:

Very good point, fjv4. Just a warning to other readers, though, be aware of whether it is legal to record phone conversations in your state or not. In some states it is a misdemeanor to do so..in other states, it's a felony.

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Is the mini miranda for outbound calls only?

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