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False or Misleading Representations By Debt Collectors
Also See Subsequent Disclosures from Previous Menu
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Failure To Give Proper Initial Disclosure
While all sections are important, one very important provision, sometimes referred to as the "mini-Miranda" warning, is contained in Section 807 (11). This provision involves the failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the "debt collector is attempting to collect a debt and that any information obtained will be used for that purpose", and the failure to disclose in subsequent communications that the "communication is from a debt collector". Certain notice provisions may not apply to a formal pleading made in connection with a legal action. See Section 807 (11) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.
The "mini-Miranda" requirement was changed, effective December 30, 1996. After the first notice stating "This is an attempt to collect a debt, and any information obtained will be used for that purpose.", subsequent letters to the consumer must only indicate, "This communication is from a debt collector." Summons, complaints or other court documents are now excluded and do not require the "mini-Miranda" warning on each such document.
A portion of the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced here for illustration purposes only.
A copy of the Fair Debt Collection Practices Act is reproduced for illustration purposes only
here. A copy the FTC Official Staff Commentary on the Fair Debt Collection Practices Act is reproduced for illustration purposes only here. Read Sources and Disclaimer. Links do not return to this page. Use browser "back" button to return.
