[learningfast]

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!

[roxette]

Hi learningfast

Feel free to share the information kept within this site. You are doing a good job by spreading the word

Mini Miranda Warning is necessary in the initial communications. But the state laws where the debt is collected will define if it is necessary in the subsequent communications.

Section 807(11) of the fdcpa states that it should be included in the initial communications but as per the state laws, some states like Connecticut, Georgia, Texas used it on all communications.

Some collection agencies prefer to use it in all communications in order to avoid the legal actions that might result.

Regards
Roxette

it is a violation of the fdcpa to state the Mini Miranda Warning on an answering machine

"May I speak to _____?" "Is you Address ______." "This communication is from a debt collector. The call may be recorded or monitored for quality assurance. This is an attempt to collect a debt, any information will be used for that purpose."

CURRENTLY A COLLECTOR IT IS NOT ILLEGAL TO LEAVE IT ON A MACHINE AS LONG AS YOU GIVE A PERSON AMPLE OPPORTUNITY TO HANG UP IF IT IS NOT THEM. CASE IN POINT IN THE BEGINING OF THE MESSAGE YOU SHOULD SAY

"THIS MESSAGE IS FOR (NAME FIRST AND LAST).

IF YOU ARE NOT (NAME FIRST AND LAST) YOU SHOULD HANG UP OR DISCONNECT NOW. IF YOU ARE (NAME FIRST AND LAST) PLEASE CONTINUE TO LISTEN TO THE FOLLOWING MESSAGE. THERE WILL NO BE A THREE SECOND PAUSE IN THIS MESSAGE.

BY CONTINUING TO LISTEN TO THIS MESSAGE YOU ACKNOWLEDGE THAT YOU ARE IN FACT (NAME FIRST AND LAST). (NAME FIRST AND LAST) YOU SHOULD NOT LISTEN TO THIS MESSAGE SO OTHER CAN HEAR IT AS IT CONTAINS PERSONAL AND PRIVATE INFORMATION. THERE WILL NOW BE A THREE SECOND PAUSE IN THIS MESSAGE TO ALLOW YOU TO LISTEN TO THIS MESSAGE IN PRIVATE.

THIS IS (COLLECTORS NAME) FROM (COMPANY NAME)COLLECTION AGENCY. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

PLEASE CONTACT ME AT ***-***-**** EXT ----

Yea right, what happens if it is the first or second message on a machine with multiple messages. Older machines do not have the ability to skip messages.

It is illegal to leave the above message on a machine period. It is the callers responsiblity to protect the privacy. It is no different than if you called and somebody answered and you did not verify that the person you were talking to is the responsible party.

[goldenbast]

Exactly..just because they say to hang up if you are not who should be listening does not mean they will hang up and those collectors know it. I am sure a judge would agree with me on this as well.

Since there is no law stating that a consumer has to NOT listen if a message is for someone else, anyone can disregard that directive and still listen and most judges would agree on this. I am sure someone will sue on this at some point.

IT'S VERY CUTE THAT YOUR ALL PLAYING LAWYER, BUT FACTS ARE FACTS LETS NOT DEVIATE FROM THAT. A COLLECTOR CAN AND SHOULD LEAVE THE ABOVE STATED MESSAGE. IT IS STATE BY STATE THAT DETERMINES WHEN AND HOW OFTEN THE MINIMIRANDA IS TO BE USED.
DON'T YOU THINN YOU DEVALUE THIS SITE BY POSTING PERSONAL FEELINGS AS OPPOSED TO FACTS? YEAH SURE IT SUCKS TO HAVE A COLLECTOR LEAVE YOU A MESSAGE, BUT IT AIN'T THE END OF THE WORLD. SO LETS ALL PACK UP OUR FEELINGS AND JUST DEAL WITH FACTS.

[Chrys Henderson]

I would say that if it is okay for you to say "this call is being recorded" and expect the collector to hang up or they are giving consent, then it is ok for the collector to disclose that the message is private and for a certain individual only.

What is good for the goose is good for the gander.

as a cap1 collections associate we are not allowed to leave a message on a machine that in any way sounds urgent or make it sound like they owe anything

If you don't want to have debts, u must pay it on time! that's so easy, or don't make anymore debts!

I is correct to leave the detailed mini miranda. I have worked with a very good attorney for years and have even assited him to court. So the mini miranda is acceptable between the hours of 8am to 9pm just twice a week. Even on saturday's and sunday's, so yeah pay your debts.

One can no longer leave answering machine messages See recent case decided October 14, 2009, Edwards v. Niagara Credit Union, D. C. Docket No. 07-02396-CV-BBM-1. United States Court of Appeals, 11th Circuit.

[katcunnington]

Originally Posted by Anonymous

IT'S VERY CUTE THAT YOUR ALL PLAYING LAWYER, BUT FACTS ARE FACTS LETS NOT DEVIATE FROM THAT. A COLLECTOR CAN AND SHOULD LEAVE THE ABOVE STATED MESSAGE. IT IS STATE BY STATE THAT DETERMINES WHEN AND HOW OFTEN THE MINIMIRANDA IS TO BE USED.
DON'T YOU THINN YOU DEVALUE THIS SITE BY POSTING PERSONAL FEELINGS AS OPPOSED TO FACTS? YEAH SURE IT SUCKS TO HAVE A COLLECTOR LEAVE YOU A MESSAGE, BUT IT AIN'T THE END OF THE WORLD. SO LETS ALL PACK UP OUR FEELINGS AND JUST DEAL WITH FACTS.

Oh look, it's very cute that you're playing "forum guest" when the fact is you're a shrill......go spread your ilk somewhere else

you ***** should just pay your bills instead of finding a way of sueing companys just trying to get there money back. or just drink bleach and die!! if you hate having debts.

Troll-spew edited by Uncle Wulf

Yeah buying a debt for $50 and suing someone or using hard ball tactics to collect $1,500 is so much nicer than a person not paying their bills. Go back to your cubicle hater.