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Debt Collection and the Mini-Miranda

There is no dispute that dealing with unpaid or outstanding debts can be overwhelming. Everything from being flooded with debt collection letters and notices or being bombarded by calls from debt collectors seemed designed to make you uncomfortable. From a strategic position, it may very well be the intent of the debt collectors to be annoying. After all, if they are sufficiently annoying they may make you uncomfortable enough that you will pay the outstanding balances just to get the calls and the letters to stop. While it may seem that the debt collectors have a disproportionate amount of power, the law does however offer you some protections as the consumer. One such protection is the "mini-Miranda" disclosure that is required by Section 807(11) of the Fair Debt Collections Practices Act.

The mini-Miranda or Section 807 (11) of the FDCPA states as follows:

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, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

This mini-Miranda disclosure requires debt collectors to inform you of the purpose or intent of the communication. One common permutation of the mini-Miranda warning reads as follows:

“THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED TO COLLECT THE DEBT.”

This disclosure must be clearly or conspicuously stated in the initial communication, whether written or verbal, between you and debt collectors. If a debt collector fails to do so, then it may have violated Section 807(11) of the FDCPA and you may be able to sue them. If you believe that a debt collector may have violated your rights, then you should seek the assistance of a law firm with experience litigating FDCPA and other consumer protection cases.

For more information about Fair Debt Collections Practices Act, please visit our website at: https://www.fight13.com/practice-areas/debt-collection-harassment-and-abuse-fdcpa-/

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.

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