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Author: Sergei Lemberg
What is a Mini Miranda?
![Mini Miranda]()
General Rule: A Mini Miranda is a statement from the collection agency when they begin communicating with you. This statement must identify themselves as a collection agency and tell you they are calling to collect a debt.
The term “Miranda rights” comes from the law enforcement profession. It is a notification provided by law enforcement to a person in custody that they have the right to remain silent. This warning allows an individual to not incriminate themself.
Under the Fair Debt Collection Practices Act (FDCPA), collection agencies must identify themselves. They must also inform you of the purpose of the call. This is often referred to as a Mini Miranda.
This article will help you understand the purpose of the Mini Miranda. This includes what a collection agency must disclose and your rights if they fail to follow this requirement.
What are the Requirements of the Mini Miranda
Under the FDCPA, a collection agency must provide certain disclosures when they contact you. In addition to identifying themselves, they must do the following when they contact you for the first time:
- Inform you that they are a debt collector.
- Communicate that the purpose of the call is an attempt to collect on a debt.
- Provide a warning that they may use information obtained during the call to collect the debt.
This disclosure is even required if you initiated the contact with the third-party debt collector. Subsequent communications do not have to include all of this information. However, they still have to identify themselves and communicate that they are a debt collector.
While the Mini Miranda requires certain disclosures, there are exceptions. For instance, there are certain times when a collection agency should limit the information they disclose. The Consumer Financial Protection Bureau’s “limited content” rule limits what a collection agency can leave on a voicemail. A collection agency can only leave the following:
- A callback name
- Phone number
- Business hours
- Request for a return call
Note: The Mini Miranda is a requirement of the FDCPA. As a result, it is only applicable to third-party debt collectors, not the original creditor.
What is the Purpose of the Mini Miranda
Similar to other parts of the FDCPA, the Mini Miranda’s purpose is to ensure the debt collection process is fair and transparent for consumers. It’s also done to make sure that consumers are not taken advantage of by deceptive and illegal debt collectors. Lastly, it warns you so you do not incriminate yourself or provide information you otherwise would have withheld.
By knowing how a debt collector should identify itself, you can avoid illegal debt collectors and scams. For instance, if a company calls you demanding certain information but refuses to identify itself, it is a red flag for a scam.
Debt scams include anything from phishing emails to an individual impersonating a government agent. The FDCPA’s requirement of the Mini Miranda can help you better identify these scams.
What if a Collection Agency Does not Identify Itself?
If a collection agency fails to provide a Mini Miranda they have violated your rights. Due to this violation, you may have disclosed unnecessary information or taken other harmful action. To address this grievance, you can take the following action.
| Resolution Option |
Action to Take |
| Issue a Cease-and-Desist Letter |
This is an option if you want to put an end to all communication with this collection agency. |
| File a Complaint with a Federal Agency |
You can report a violation of the FDCPA to the Federal Trade Commission (FTC). You also have the option of submitting a consumer complaint to the Consumer Financial Protection Bureau (CFPB). |
| Take the Debt Collector to Court |
If you are having an ongoing issue with this collection agency, you may have to resort to filing a lawsuit. This is also an option to get compensated if the collection agency caused any damages. |
| Propose a Debt Settlement |
Do you have proof of the violation? Do you still have a valid debt? Consider leveraging the violation to secure a discounted settlement of your debt. |
If the debt is not yours, you will also want to dispute the debt. If you received a validation notice, make sure to submit a dispute in writing within 30 days of receiving this notice.
Conclusion
Collection agencies have an endless number of ways in which they may deceive and try to take advantage of you. If you get a call and the caller does not identify themselves, you are free to hang up.
If a collection agency has failed to identify itself and disclose the purpose of the call they have violated your rights under the FDCPA. Hire a consumer rights attorney who can take the necessary action to protect you from these types of deceptive debt collectors.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg