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When a debt collector contacts me for the first time, what are the rules they must abide by?

Published: Thursday, August 31, 2006

Strict adherence to the provisions of Section 807(11) of the Fair Debt Collection Practices Act (FDCPA) requires that the disclosure "This is an attempt to collect a debt and any information obtained will be used for that purpose," must be included in the initial written communication with a consumer. This disclosure is commonly known as the Mini-Miranda. If a debt collector's initial communication with a consumer is an oral communication, the full mini-Miranda disclosure must be included in that oral communication as well as the first written communication (i.e. the first notice) sent to a consumer. This disclosure is required even when the consumer requests the communication.

All communications subsequent to the initial written communication must disclose to the consumer that the communication is from a debt collector. Section 807(11) of the FDCPA requires that the Mini-Miranda disclosures be included in "communications" with a consumer. Many states have their own special requirements for oral and written communications between collectors and consumers. These state laws and regulations impact whether the full Mini-Miranda disclosure must be provided or whether an additional disclosure is required.