Mini-Miranda Overview

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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Mini-Miranda Overview

Post by David A. Szwak »

Section 1692e(11), as amended in 1997, provides that during their first communication with a debtor a debt collector must disclose, in writing, that the communication is from a debt collector and that any information obtained from the consumer in that communication will be used for the purpose of collecting that debt.

The disclosures required by this Section should be presented clearly and conspicuously.

Disclosures printed on the reverse side of a letter are not considered sufficient notice under the Act. Riviera v.MAB Collections, Inc., 683 F. Supp. 174 (W.D. N.Y 1988).

If the first communication witha debtor is oral, this same disclosure must be given orally.

In all subsequent communications with a debtor, whether oral or written, a debt collector must disclose that the communication is from a debt collector.

The provisions of the FDCPA relating to the required disclosures to consumers remain applicable throughout the litigation process.

The FDCPA does, however, contain an exemption from the notice requirements for “a formal pleading made in connection with a legal action.â€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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