Collection laws regarding consumer vs. business debt
by Ryan
(Eugene, OR)
I have begun receiving letters from a company that has been "assigned" by a client regarding a past due account I had with the client.
I had signed up for the client's services back in 2007 for a business I was starting, which closed shortly after. I was sent some equipment from the company to help with the clerical side.
I paid for the months that I was in business with no problem, unfortunately, as expected when it closed, I was not able to pay. Shortly after, I received a letter from this assigned agency demanding the return of the equipment, which I did and now they are coming after me for the bill.
However, they have not identified themselves as a collection agency nor do any of their correspondence contain the mini-miranda. I also searched my state's business and collection agency registry and their name is not listed as licensed in my state so I have not paid any money they are demanding because I feel they are violating the FDCPA by not identifying themselves, or giving the mini-miranda or being licensed to collect in my state.
I have heard that business collection vs. consumer collections are different and follow different rules. Are business debt collectors required to use the mini-miranda or identify themselves as a collection agency?