Mini Miranda Warning - Is anybody aware of this

what's a joke is the collector needs to follow FDCPA laws but the deadbeat debtor doesn't have to follow a signed contract. I agree they shouldn't be able to degrade the debtor but there's no reason they should have to deal w/ screaming and cursing. It's like being angry at a cop for arresting you....you wouldn't have this issue if you were responsible.....stupid deadbeats!

another stupid analogy from a humanoid collector.sure it's all us never you.the screaming and cursing usually come when you demand bank info,or you will charge the person with a crime sorry only knucklescrapers like you get cursed at.legit collectors who allow payments.by that i mean mailed payments,and don't illegaly threaten.the only time the cops are involved is when a mouthbreather like you gets a harrassment call because we filed one.for your last remark....you will burn one day enjoy your blood money while you can humanoid.

another stupid analogy from a deadbeat debtor.

another humanoid who thinks their rabble makes a difference.(sigh)

"you will burn one day"?? what the heck is that supposed to mean? what an AWFUL thing to sat to ANYONE! and coming from a moderator? geez dude, so much for keeping it civil. ive had my arguments with collectors but ive never said anything like that.

so lame. telling people that should be allowed,but telling the truth is not.everyone like him will get what's coming one day.they make a deal with the devil,the flames will burn them.karma will catch up to them..deal with it.

The bottom line is this the mini miranda has to be said when calling a debtor, or they can sue period. It doesn't matter when you quote the mini miranda just as long as you quote it, but to say in on an answering machine is against the FDCPA....all that about just pay your debt is easier said than done when you really want to pay it but cant, so we collector cant make people pay if they care about they credit score they will pay, if they dont they wont.

We are not allowed to state the mini miranda not unless you are the person that we are looking for..we are not allowed to disclose any information to third party person..we only allowed to leave "TD" (Tape Disclosure) to the third party people..which is:

for third party person who answers a call:
"For quality assurance, this call is being recorded or monitored"

For the Right Party Contact (RPC):
e.g.
Agent: "Hi, John!"
RPC: "yes?!"
Agent: "John Smith right?"
RPC: "yes!"
Agent: (Client I.D.) "Hi! this is (agent's name) and I'm calling from ______, on behalf of ______ with regards to your ________ account"

Tape Disclosure (TD) " for quality assurance, this call is being recorded or monitored"

Mini Miranda (MM) " and also an attempt to collect a debt, and any information obtained will be used for that purpose only.."

Now, we are not leaving the mini miranda to a third party contact to keep our call personal and to avoid humiliation on the part of the RPC regarding their debts. get it?!

The "fact" is that a person can sue a collection agency for leaving messages on a telephone. Read 806, 15 U.S.C. 1692d of the FDCPA. Subsection 5 prohibits: "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number." Also read, 805(b), 15 U.S.C. 1692c(b) which states: "a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector." Then there's 809, 15 U.S.C. 1692g "Validation of Debts" which depends on the "initial communication," but it's not clear if a vague answering machine message counts as "initial communication." Why? Well, because of 803(2), 15 U.S.C. ., which defines communication as:
(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.
That would be fine, but the debt collector can't say he/she was calling about a debt on the answering machine, because he/she wasn't sure who was listening.......OK, now that you know the "LAW" hopefully your feelings can be picked up and put back in your heart.

Dear Goldenblast,

I am a certified ACA (American Collectors Association) Instructor and this issue has loomed over collection agencies for almost a decade. Agencies have been sued on both ends here. If they do not leave the disclosure on the machine they are violating the FDCPA by not advising the consumer of whom is calling and the intent of the call. If they do leave it on the answering machine they are violating another section code of the FDCPA under third party disclosure. It is unfortunate for agencies, but there is really no right way to do this. Many agencies have strayed away from leaving messages all together.

does the law state when the mini miranda must given within a call. Can it be give at the end of the call versus the beginning of the call ?

If you don't like us collectors... Then quite borrowing money from people and not paying it back. You guys make me sick! Quit b*tching and pay your f***ing bills. Then you wouldn't have to cry about it to people over the net.

well well well....look who's stopped in after a hard day of criminal action on the phones....

First off, get yourself a clue, even if you have to steal one. The overwhelming majority of those who work in your field have bad credit themselves. In other words, stop being such a hypocrite.

Second, if you geniuses would just follow the laws, you would actually get MORE money. Thats because no matter what a debtor does or doesnt do, you would always have the option to sue them. And if you followed the laws, you would have a much easier time of proving your case in court. But since you dont, you guys suck at it. The only way you can guarantee a judgment is if you fraudulently file it in the wrong place or fraudulently misrepresent the status of the summons service to the courts. It's morons like you that just make me laugh. Youre whining about a moral issue, and you work in an industry that has fewer morals than lawyers do.

Get back under yer rock now, before we have to slap you with yet another FDCPA violation lawsuit.....I guess you guys dont pay any attention to things like real mistakes, such as the wee-todd that called me last month for a bank account overdraft that was from an account opened in a state I never have set foot in. It turns out that the idiot on the phone actually had enough info to know that he was really looking for an old ex-girlfriend of mine....and yet the guy still tried to claim that somehow, I was liable for this obligation....an obligation that occurred 13 years ago! We were never married, and I was never on any account with her. Your rocket scientists down at the skip trace desk somehow connected her to me, and then the retard party began. The joker on the phone ACTUALLY threatened to have me ARRESTED...and then, when I backed him down a notch or four, threatened to SUE ME.....over a supposed debt thats WAY past the SOL and doesnt have my name anywhere on it.

Now, DO TELL, why do debt collectors have such bad reputations? Back in your hole, shill....dont come out until I sue you.

Oh, one more thing--it isnt "quite", Mr. Wizard...it's QUIT. The IQ of the average potato, and here you are, trying to speak like you know something? Thats rich...

Bad day at the office? Didn't make your quota today at the Collection Agency and got yelled at by your boss?

It made you feel like a little boy being yelled at by daddy so you had to come in here and vent it off in order for you to feel like a big man?

Learn to handle your stress better.....drink Vodka and smoke...that will take care of the stress and it will also cure us of YOU much faster.
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as far as your post goes.right back at you humanoid.now go back to watching the jerry springer show on podcast,and let the grown ups talk here okay?good.

Tell me something, you inbred cousin banger. Who is the stupid one? The one who borrows and gets in over their heads, OR the idiot (like yourself) who loans obscene amounts of money to people who have NOTHING to begin with? You d*ck lovers hand out money like you are passing out flyers in a shopping center parking lot to people who don't even have jobs! Ever bother background checking anybody you tard? Hmm? Talk about stupidity! And by the way, collectors are not people. They are devils and I would gladly celebrate if one of them died!