What Are Mini-Miranda Rights?
Mini-Miranda rights are a set of statements that a debt collector must use when contacting an individual to collect a debt. Mini-Miranda rights have to be recited, by law, if the debt collection effort is being made over the phone or in-person and outlined in written form if a letter is sent to the debtor.
If the collection agency phones the debtor, the Mini-Miranda rights require the collector to inform the debtor that the call is from a debt collector, that they are calling to collect a debt, and that any information obtained during the phone call will be used to achieve this goal.
- Mini-Miranda rights are a colloquialism for the legally-mandated statements that must be made by debt collectors when they attempt to collect on a debt.
- Like traditional Miranda rights that inform arrestees of their rights and provide information about why they are being arrested, Mini-Miranda rights provide information about the debt being collected and who is seeking it.
- These rights and related information are set out by law in the U.S. in the Fair Debt Collection Practices Act (FDCPA) of 1977
Understanding Mini-Miranda Rights
Mini-Miranda prevents a debt collector from using false pretenses in furtherance of collecting a debt. For instance, a heavily indebted person may use a fictitious name when answering the phone to avoid calls from collection agencies. While an easy solution for a debt collector would be to not reveal their true identity and the purpose of the call so as to get through to the indebted person, the Mini-Miranda specifically prohibits the use of such tactics.
Mini-Miranda is not an official term, but rather a colloquialism. It gets its name from the Miranda rights or Miranda Warning, used by law-enforcement officers when they collar a suspect in a crime. The actual Miranda Warning states that the suspect has the right to remain silent, that anything said by the suspect can and will be used against them in a court of law, and that the suspect has the right to an attorney.
Just as the Miranda Warning came about to protect suspects from intimidation efforts by law-enforcement officers, the Mini-Miranda was introduced to safeguard consumers from abusive debt collection practices. This was specified in the Fair Debt Collection Practices Act (FDCPA) of 1977, also known as Regulation F, a federal law prohibiting debt collectors from using harassment, threats, deceit, or intimidation to collect debts.1 More recently, however, the federal government's Bureau of Consumer Financial Protection, issued a further clarification of the FDCPA rules in November of 2020, which will become effective on November 21, 2021.
Mini-Miranda Rights Requirements
Aside from what's already been mentioned, the FDCPA also specifies the time of day and frequency with which contact can be made between a debt collector and debtor. For example, debt collectors should not contact debtors at inconvenient times (i.e., significantly outside of business hours) unless a prior arrangement has been made.
If the FDCPA is violated, a suit may be brought against the debt collection company, along with the individual debt collector, within one year of the violation.
Furthermore, while debt collectors may call a debtor’s place of business or home, the debtor can put a stop to this by filing a written request to cease calling one or both locations. In such cases, a collector is permitted to call relatives, neighbors, or associates of the debtor regarding the outstanding balance owed.