Mini Miranda Warning - Is anybody aware of this

Hi learningfast

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

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.

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.

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! :evil: [font=Georgia][/font][color=DarkRed][/color][size=7][/size]

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.

Quote:

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.

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!

Quote:

Quote:

Quote:

"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.

[QUOTE=Anonymous;499605]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[/QUOTE]

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?!

Quote:

Quote:

Quote:

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.

Quote:

Quote:

Quote:

Quote:

Quote:

To #15 hater. You assume that everyone that gets this call owes the debt. I did't owe the debt and was harrassed.
so lets not be so nasty and take this so personal. People have a right to ask questions. You must be a collector. Take a chill pill.

FYI, for unsecure debt, you can not be sued period. It is laughable to hear that someone can be sued for something not secured. In fact, the burden of proof is on them to proof that the debt is even owed at all. If threaten with, we are going to sue you, do yourself a favor laugh really hard. Because if your talking to them, you are obivously trying to work out a deal with them. Also, make sure you tell them it is illegal for them to record you without your permission. Stress that during the call and watch how fast they hang up on you. Don't be bullied be informed!

This is directed at or more accurately about the anonymous poster of sub: #8 who is very likely the same poster of sub: #5. Looking at what s(he) posted as far as spelling, word choice (your instead of you're), slang, punctuation, and Caps Lock fixation. I think it's highly probably they are not a Lawyer, possibly a debt collector, and very uneducated. It would take an extreme amount of effort on the part of a person who completed enough college to be a law professional to make that many mistakes.

[URL="http://www.debtconsolidationcare.com/forums/showpost.php?p=688066&postcount=28"][/URL]
Wow, ~COLLECTOR~ of post Sub: #28 writes
Quote:

Quote:

FDCPA applies to 3rd party collections only. If you signed the debt with ABC Finance and ABC Finance is calling you then FDCPA does not apply. Many companies follow it anyway.

Quote:

MiniMiranda is intended for the protection of the consumer, however as mentioned before, the best deal is to pay your debts on time.A debt collector is not always a terminator machine. It might be of help to talk with them, sometime they can offer you options to manage the settlement of your outstanding obligations (by experience). Having a debt is not a crime, no paying it is a felony.

AND NOW, A WORD FROM OUR SPONSOR.....
[COLOR=red][/COLOR]
A debt is NOT a criminal matter. If you dont pay a debt, it is NOT a felony. It isnt even a misdemeanor. It is NOT A CRIMINAL MATTER. Do not EVER fall for some garbage like this--if anyone tells you that you will be arrested for not paying a debt, file the complaints with FTC and so on....
[COLOR=#ff0000][/COLOR]
The preceding message in red text was brought to you by skydivr7673, the best-smelling moderator on DebtConsolidationCare forums.....we return you now to our regularly-scheduled programming.

Not paying a debt is not a felony. Idiot!

Debts are always civil ....not paying a bill is not a crime. Debtors prison went away in the middle ages.

Quote:

this is an attemp to collect A DEPT BY A DEPT COLLECTOR ANY INFORMATION ABAINED WILL BE USED FOR THAT PURPOSE ONLY

i alway have bill collectors calling my work cause they do not have my numbers at home or cell phone plus they are unlisted. The only way to find them out is if you pay $$$$ for it.

anyways i am getting back on track as of this month so they should not harress me at work and if they do i will say they are not to call work cause there is lots of work

Quote:

I have a relative who is a collector for BOA. She consistantly runs at top of her sections production scoreboard and succeeds by not being what most people have experienced from collectors. Maybe having watched relatives struggle through rough periods and never being able to catch up before the next unplanned for event happen has given her some empathy.

There are not many people who set out to fail.

Quote:

TO #13 Attorney41 YOUR A MORON! And obviously never passed a bar exam.The Court's decison states Edwards v. Niagara Credit Solutions, Inc., US Dist. Ct., N.D. Ga, Atlanta, '08 ?? on: June 09, 2010 05:13:24 PM ??NOTE: This case was the subject of two separate decisions. I shall present the cases in the order they were considered. The first one is from 2008; the second one from 2009._______________________________________________________________________This decision states that: 1.) A debt collector who leaves a message on a voice mail or answering machine which fails to meaningfully identify them as a debt collector violates the FDCPA; 2.) A message can be held to violate, even if the word "debt" is not used, if the wording and/or context can reasonably be held to infer that the call is from a debt collector (such as "important business matter" or a file number); 3.) The "bona-fide error" defense fails if the debt collector deliberately violates one section of the FDCPA to avoid violating another; 4.) A debt collector is not entitled to be able to use any and all methods to collect if some such methods would violate the FDCPA in their use, even if such methods are more efficient to the bill collector.LEARN TO READ BEFORE YOU EMBARRASS YOURSELF BUDDY!which means a debt collector must let you know that this is an attempt to collect a debt...let's break it down some more for those who are slow.A debt collector can't call you and say this is courtney lane call me back at 800-655-4444THAT'S a VIOLATION of the FDCPA. They must state the reason for the call period.Good day to all the Idiots

"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." :(

Nice. Excellent ability to communicate your message to the public!

As mentioned by one of the posters, and contrary to the debt collector's information above, the law is clear in the Eleventh Circuit... Edwards v. Niagara Credit Solutions, No. 08-17006 (11th Cir 2009), states in pertinent part: "the Act does not guarantee a debt collector the right to leave answering machine messages." Obviously, if you can't leave a mini miranda, and you have to identify yourself... then "don't leave messages" appears to be the better solution. You may also note that this case is also published on the ACA citation site (major Debt collectors all belong to the ACA: The Association of Credit and Collection Professionals) to warn debt collectors.

It is a shame the above poster (as is usual) was never trained on proper collection techniques, but that would be too expensive to actually train people before they violate the law (and of course, put attorneys who practice prosecuting FDCPA violations, out of work).