mini miranda

mini miranda

disclosure

when to disclose

jurisdiction

goal

who to provide

• Situation: A call is either received from a customer or made to a customer.

OBJECTIVE

• Goal: Advise the person about the purpose of the communication.

3

2

1

primary

who to provide

co buyer

authorized 3rd party

disclosure

This is an attempt to collect a debt. Any information obtained will be used for that purpose.

Este es un intento de cobrar una deuda. Cualquier informacion obtenida sera utilizada para ese proposito

When to disclose

3

2

1

jurisdiction

jurisdiction

+ info

+ info

+ info

disclosure requirements

Applicability

Federal FDCPA

If the initial communication with the customer 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 in subsequent communications that the communication is from a debt collector.

A Debt collector is generally any person who uses any instrumentality of interstate commerce or the mails: 1) Whose principal business purpose is the collection of any debts, or 2) Who regularly collects or attempts to collect, directly or indirectly, debts owed or due another, or 3) A creditor who, in collecting its own debts, uses any name other than his own which would indicate that a third person is attempting to collect the debts