LAWDOG Fair Debt Collection Practices Act

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Mini-Miranda Requirement

Changes to the notice requirement of Section 807, sometimes referred to as the "mini-Miranda" notice, were included in changes made to the Fair Debt Collection Practices Act, effective December 30, 1996. After the first notice, which must contain the statement "This is an attempt to collect a debt, and any information obtained will be used for that purpose.", subsequent letters to the consumer must indicate, "This communication is from a debt collector."

Initial Notice Within 5 Days After First Contact

In addition to the "mini-Miranda" requirements, within five days after the first contact, the collector must send a written notice advising the consumer of the amount of money owed; the name of the creditor to whom the money is owed; and a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. See Section 809 (a) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Verification & Name & Address of Original Creditor

This written notice must also include a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

This written notice must also include a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. See Section 809 (a) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Actions Must Cease If Consumer Disputes or Requests Identification

Section 809 (b) requires that, if the consumer disputes the debt or requests identification of the original creditor in writing, within the the thirty-day period described in Section 809 (a), the collector must cease collection efforts until the debt is verified, and a response is mailed to the consumer.

Until Verification Mailed To Consumer

If the consumer notifies the debt collector in writing within the thirty-day period described in Section 809 (a) that the debt, or any portion thereof, is disputed, or if the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. See Section 809 (b) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Silence Is Not Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. See Section 809 (c) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only. Also see a portion the FTC Official Staff Commentary for the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

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