OK, I understand that by leaving the mini miranda as part of the message would reveal the purpose of the call so it is not done. What I'm asking is if the CA leaves a vague message, without revealing the intent of the call (ie that it is a collection agency attempting to collect a debt), Is this considered 'contact' which would require them to mail the mini miranda within five business days? Or could they just continue to call and leave vague messages without ever mailing the required notification?
If a letter has already gone out to the debtor, then no, the MM is only required, in most states, on first contact. If they have not mailed a letter then once the CA actually speaks with the debtor, not the machine, verbally must give the MM and send a notice. Both agencies I have worked at have mailed the notice prior to the collectors getting the file, to protect us. The collectors get the file 45 days after the notice was mailed, letting the dispute period expire.
I guess I sort of hijacked this thread so I apologize to the OP for that but this sort of went along with the OP's question. Thanks Collectman. I'll start a new thread from here.
