Thumbnail - What Now?: Missing the Miranda Disclosure

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It's going to happen. At some point -- hopefully accidentally, but sometimes through manipulation or disregard -- one of your collectors is going to skip giving the Miranda Disclosure.

The Miranda Disclosure -- “This is an attempt to collect a debt. Any information will be used for that purpose. If you dispute the validity of this debt you have 30 days to notify us of such" -- is a requirement of the Fair Debt Collection Practices Act. It's also a Strict Liability Violation -- which means your agency is almost always on the hook.

We can't get your collectors to give the Miranda Disclosure -- but we can help you strategize what to do next when you find out the disclosure wasn't given.

This What Now? report will: 

  • Give you a background and history as to why the Miranda Disclosure is necessary
  • Give you some best practices to include in your Policies and Procedures manuals regarding both verbal and written Miranda Disclosures
  • Provide strategies around how best to address the issue with:
  • Collectors
  • Supervisors
  • Trainers
  • Your agency, in general
  • Share the unique perspective of a Consumer Attorney!

Our goal is to take as much of the sting out of a Miranda Disclosure as possible.

Product: PDF Download

Pages: 49 pp

Published: 14 August 2014

Table of Contents

  1. Introduction: The Mini-Miranda
  2. Best Practices: Miranda Disclosures
  3. Miranda Disclosure: A Legal Exception?
  4. Miranda Disclosure: Voicemails
  5. I Forgot to Say the Miranda Disclosure: What Now?
  6. How to Address: Collector
  7. How to Address: Supervisor
  8. How to Address: Training
  9. How to Address: Policies and Procedures and the Bona Fide Error Defense
  10. Bona Fide Error Defense in Action
  11. Appendix A: State Requirements
  12. Appendix B: Miranda Disclosure Violations – a Plaintiff Attorney’s Perspective
  13. Appendix C: Relevant Court Cases