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July's Top Compliance Question:
Mini-Miranda Requirements

Published: Wednesday, August 10, 2005

The top compliance question for July involved the Mini-Miranda disclosure requirements. Section 807(11) of the FDCPA requires that the disclosure, "This is an attempt to collect a debt and any information obtained will be used for that purpose," be included in the initial written communication with a consumer. This disclosure is commonly referred to as the Mini-Miranda. Additionally, if the collector's initial communication with the consumer is oral, the full Mini-Miranda disclosure must be included in that oral communication and also in the first written communication with the consumer.

All subsequent communications with the consumer must disclose to the consumer that the communication is from a debt collector. The mere use of the word "collection" or the phrase "collection agency" may not sufficiently disclose to the least sophisticated consumer that the communication is from a debt collector. The Federal Trade Commission has indicated that the use of the full Mini-Miranda in all communications with a consumer would sufficiently comply with the Section 807(11) disclosure requirements.

Many states also have their own special requirements for oral and written communications between collectors and consumers. These state law regulations impact whether the full Mini-Miranda disclosure must be provided in subsequent communications with the consumer. States that have such requirements include, but may not be limited to, Colorado, Connecticut, Georgia, Hawaii, Iowa, Maine, North Carolina, Texas, Vermont, West Virginia and Wyoming. New York City and the District of Columbia also have special requirements impacting the Mini-Miranda disclosure. For more information on state disclosure requirements, please see "State Laws Governing Oral Communication with Consumers" (E-Compliance # 59).

This article is provided by ACA International's Legal and Government Affairs Department .