Legal Question in Credit and Debt Law in Michigan

mini-miranda not stated

I have been dealing with a collection company who was suppose to work a deal with me. I accepted the first offer, but a few days later the collection rep called to tell me that his boss wouldn't accept the 3 payment-offer that was presented to me, and that they'd have to be 2 payments. Is this allowed?

Also, the last few times he has called, he didn't read the mini-miranda warning. I have proof of this, as I recorded the calls...but unfortunately, I didn't get his permission, and I live in Michigan which requires consent. From my understanding, NOT reading the mini-miranda warning is a huge violation of the credit protection act...can I do anything about this?

The company is a third party collection company trying to collect on a utility bill.


Asked on 7/26/07, 10:00 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: mini-miranda not stated

Whether or not a verbal agreement was entered into is a "he said -- she said" situation and difficult to prove unless you have a recording. You are wrong that Michigan is a consent state. You do not need consent or notice to record a telephone conversation as long as you are a participant in the conversation. The lack of a mini-miranda is a FDCPA violation, but I doubt that the damages would be worth filing a lawsuit over. You could get $1000 in damages if you file a lawsuit possibly, but you would probably have to represent yourself since you might have a hard time finding an attorney to take the case. You can use this as leverage though in reaching a settlement.

Good luck.

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Answered on 7/26/07, 4:46 pm


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