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  1. #2
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    Oct 2014
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    Default Re: Can a Collector Possibly from Another Country "Conform Your Identiity"

    Quote Quoting wingman
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    My question is at what point in the call must the original caller identify themselves, at what point must they do the mini miranda, and can debt collectors have people from other countries contacting people?
    Using the term “mini miranda” is a misnomer as the requirements for a debt collector have nothing to do with the U.S. Constitution or criminal law, which were the subjects of the Miranda v. Arizona Supreme Court case.

    Under the federal Fair Debt Collection Practices Act (FDCPA), the collector must first confirm that he or she is actually talking to the debtor. That is because the debt collector is not supposed to reveal himself/herself as a debt collector to others that the debtor may know, e.g. other persons living in the household, etc. Then before they get into the their debt collection spiel they need to disclose who they are and that the call is for the purpose of collecting a debt and that all information obtained during the call may be used for that purpose. The debt collectors apparently use a two stage screening process, one to ensure that you are the debtor, and then the call is handed off to an actual collector who confirms that information again and then goes into the debt collection routine. There is nothing in that which clearly violates the FDCPA. The FDCPA does not require that collectors be U.S. citizens or that they be based in the U.S. A debt collection firm may hire foreign persons or firms to do the work so long as they ensure that the requirements of the FDCPA are followed.

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