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CR5 – Fair Debt Collection Practices Act
(FDCPA) Study Guide
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Not answered. The correct answer is c. A is incorrect because contacting a third party for location information only does not violate the FDCPA. B is incorrect because contacting a third party to discuss a debt or obtain information other than location information does violate the FDCPA. D is incorrect because a debt collector may not discuss the debt with a third party unless the debtor has given permission to do so. - ANS✔✔ 1. Is a debt collector allowed to contact a debtor's employer asking for that person's address and phone number? A. No, contacting a third party violates the Fair Debt Collection Practices Act (FDCPA) unless the debtor has given express written consent B. No, only a request for information other than ''location information'' is allowed C. Yes, a debt collector may contact a third-party for location information (consumer's place of abode and telephone number at such place) D. Yes, as long as the collection agency informs the third party about the nature of the debt and the amount owed C 676D9169AFDA4D63B6C8EDCB8A6587EC Not answered. The correct answer is c. A, B, and D are incorrect because a debt collector must apply the payments as the consumer instructs. - ANS✔✔
- Joan is a debt collector and has been trying to collect two debts from an individual consumer. If the consumer makes a payment, what action must Joan take? A. Apply any payment to the disputed debt first, and then to the one the consumer admits owing
B. Combine the debts into one large debt and apply any payments to the total amount owed C. Apply any payment made to the debt the consumer selects D. Collect only one debt at a time A 6A13379929B24E75A71A9AF92D57ADD Not answered. The correct answer is a. B, C, and D are incorrect because authority for this rule was transferred to the Bureau. - ANS✔✔ 3. The Dodd- Frank Act transferred authority for rulemaking regarding debt collectors' conduct under the Fair Debt Collection Practices Act (FDCPA) to which entity? A. The Consumer Financial Protection Bureau (Bureau) B. The Office of the Comptroller of the Currency (OCC) C. The Federal Deposit Insurance Corporation (FDIC) D. The Federal Reserve C 36540F0AA95C4314A078D76C988D7B Not answered. The correct answer is c. A is incorrect because the law is intended to protect debtors, not creditors. B is incorrect because the law allows consumers to validate a debt but does not require that they do so. D is incorrect because the FDCPA applies to 3rd party debt collectors. It does not protect banks from them. - ANS✔✔ 4. A new employee asks you about the purpose of Fair Debt Collection Practices Act (FDCPA). What should you tell the employee? A. It is a law passed to protect creditors in collecting debts B. It is a law passed to ensure that consumers validate a debt C. It is a law passed to protect consumers from abusive debt collectors D. It is a law passed to protect banks from third party debt collectors
Not answered. The correct answer is d. A is incorrect because the debtor must put this request in writing. B is incorrect because notifying the collector in writing to stop contacting the debtor does not eliminate the debt. C is incorrect because the FDCPA does not give a consumer the right not to pay any legitimate debt. - ANS✔✔ 7. Karen's motorcycle loan with Vigilant Bank has been turned over to a collection agency. What does the Fair Debt Collection Practices Act (FDCPA) give Karen the right to do? A. Verbally demand that the third-party debt collector terminate all further communications B. Send a letter to the debt collector to demand termination of all future collection efforts, including the ability of the debt collector to sue to collect the debt C. Refuse to pay any legitimate debt D. Notify the debt collector in writing to cease contact D 5C34AA53CBD24A378BE925AD92AB49DC Not answered. The correct answer is d. A, B, and C are incorrect because the FDCPA only covers consumer debt for personal, family, or household purposes. - ANS✔✔ 8. Which debt is covered under the Fair Debt Collection Practices Act (FDCPA)? A. Larry's past due loan to purchase equipment for his landscaping business B. Sally's past due loan to open a beauty shop in her basement C. Shawn's past due loan to purchase lab equipment for his LLC D. Anita's past due home improvement loan. A 6A082515C85C469F8B6BE9B521762C Not answered. The correct answer is a. B is incorrect because the FDCPA applies to individual and joint debt. C and D are incorrect because the FDCPA only covers consumer debt for personal, family, or household purposes. - ANS✔✔ 9. George is a new employee and has asked you if all debts are
subject to the Fair Debt Collection Practices Act (FDCPA). What should you tell George? A. No, only debts that are primarily for personal, family or household purposes B. No, only joint debts owned by a husband and wife C. Yes, if the debt is past due, the law applies D. No, it only applies to commercial debt D 7C434139A44C4B8D855E6BEB3AF1463D Not answered. The correct answer is d. A is incorrect because the Fair Debt Collection Practices Act (FDCPA) forbids contact before 8 a.m. or after 9 p.m. B is incorrect because a collector may not contact a consumer at work if asked not to. C is incorrect because the FDCPA forbids contacting the consumer directly if the collector knows the consumer is represented by counsel. - ANS✔✔ 10. Which option is correct regarding action a debt collector may perform to try to collect a debt? A. Contact the debtor before 8 in the morning or after 9 at night B. Contact the debtor at work even if they are told (orally or in writing) not to C. Contact the debtor directly if the debtor is represented by counsel D. Contact the debtor on holidays or weekends unless informed that such times are inconvenient A 874C0BB738664409B47E6B8289969B Not answered. The correct answer is a. B, C, and D are permissible actions that a debt collector may take. - ANS✔✔ 11. Joan is a debt collector with ABC Collection Agency. As a debt collector, Joan may not engage in unfair practices when trying to collect a debt. For example, she may not: A. Contact the consumer by postcard or deposit a postdated check early
C. Using actions or words that threaten and embarrass the debtor D. Threatening legal action when there is no intent to take legal action D 2680B00CD1A84055A45B58D64BAC2F6E Not answered. The correct answer is d. A, B, and C are incorrect because if such action will not or cannot be taken, the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person violates the FDCPA. - ANS✔✔ 14. A debt collector called a customer and told her that they will have her arrested if the debt was not repaid within the next 30 days. Is that allowed? A. Yes, if a person does not pay, he or she has committed fraud and should be arrested B. Yes, if state law establishes ''debtors prison'' C. No, a collector may not inform the customer about this action by phone, but may threaten arrest or imprisonment as long as the debt collector notifies the individual in writing of this action D. No, if such action will not or cannot be taken, the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person violates the Fair Debt Collection Practices Act (FDCPA) B C92F21FAF161423E8752B363D249C02E Not answered. The correct answer is b. A, C, and D are incorrect because the debt collector must apply the payments as the consumer instructs. - ANS✔✔
- Which action must a debt collector perform if a collector is trying to collect more than one debt from an individual consumer? A. Apply any payment to the disputed debt first, and then to the one the consumer admits owing B. Apply any payment made to the debt the consumer selects
C. Combine the debts into one large debt and apply any payments to the total amount owed D. Collect only one debt at a time B A45D601AB3BD48A08BD1EC109A497AD Not answered. The correct answer is b. A is incorrect because the Fair Debt Collection Practices Act (FDCPA) forbids contact before 8 a.m. or after 9 p.m. C is incorrect because a collector may not contact a consumer at work if asked not to. D is incorrect because the FDCPA forbids contacting the consumer directly if the collector knows the consumer is represented by counsel. - ANS✔✔ 2. Which action may a debt collector perform to try to collect a debt? A. Contact the debtor before 8 in the morning or after 9 at night B. Contact the debtor on holidays or weekends unless informed that such times are inconvenient C. Contact the debtor at work even if they are told (orally or in writing) not to D. Contact the debtor directly if the debtor is represented by counsel B F38CD8293F3940D9AB03F9D98DF2EC Not answered. The correct answer is b. A, C, and D are incorrect because the Dodd-Frank Act transferred authority for rulemaking regarding debt collectors' conduct under the FDCPA from the FTC to the Bureau. - ANS✔✔ 3. Which entity has rulemaking authority regarding debt collectors' conduct under the Fair Debt Collection Practices Act (FDCPA)? A. The Office of the Comptroller of the Currency (OCC) B. The Consumer Financial Protection Bureau (Bureau) C. The Federal Deposit Insurance Corporation (FDIC) D. The Federal Trade Commission (FTC)
D. Refuse to pay the debt D C9015C34C20B4B2CA6A24051F8A458C Not answered. The correct answer is d. A, B, and C are incorrect because they are not permissible actions under the FDCPA. - ANS✔✔ 7. What type of action is allowable under the Fair Debt Collection Practices Act (FDCPA)? A. Leaving a voice mail about the debt with co-workers or other family B. Using actions or words that threaten and embarrass the debtor C. Threatening legal action when there is no intent to take legal action D. The collector identifying itself as a debt collector A E29833FD554E4EABB0FABCCC253314C Not answered. The correct answer is a. B is incorrect because the Fair Debt Collection Practices Act (FDCPA) does not apply to the original creditor. C is incorrect because an individual, such as an attorney collecting a debt for another, is classified as a debt collector under the FDCPA. D is incorrect because the FDCPA applies to third parties collecting debts. - ANS✔✔ 8. Who or what is a debt collector? A. A debt collector is anybody who regularly collects debts owed to another B. The original creditor collecting its own debt C. A commercial entity such as Acme Debt collection but not an individual, such as an attorney collecting debts for another D. Any entity or person collecting a debt D 9615525FCA794214BD7FA15BED1526B Not answered. The correct answer is d. A is incorrect because the law is intended to protect debtors, not creditors. B is incorrect because the law
allows consumers to validate a debt but does not require that they do so. C is incorrect because the FDCPA applies to 3rd party debt collectors. It does not protect banks from them. - ANS✔✔ 9. Which option describes the purpose of the Fair Debt Collection Practices Act (FDCPA)? A. It is a law passed to protect creditors in collecting debts B. It is a law passed to ensure that consumers validate a debt C. It is a law passed to protect banks from third party debt collectors D. It is a law passed to protect consumers from abusive debt collectors B 7B8EDE7FD9A3426FBCBEB3ABA422CFA Not answered. The correct answer is b. A is incorrect because the debtor must put this request in writing. C is incorrect because notifying the collector in writing to stop contacting the debtor does not eliminate the debt. D is incorrect because the FDCPA does not give a consumer the right not to pay any legitimate debt. - ANS✔✔ 10. Debtors have certain rights under the Fair Debt Collection Practices Act (FDCPA). What action is allowed by debtors? A. Verbally demanding that the third-party debt collector terminate all further communications B. Notifying the debt collector in writing to cease contact C. Sending a letter to the debt collector to demand termination of all future collection efforts, including the ability of the debt collector to sue to collect the debt D. Refusing to pay any legitimate debt C 8BB8D31C03164471AF029FF19343313B Not answered. The correct answer is c. A, B, and D are incorrect because the FDCPA only covers consumer debt for personal, family, or household purposes. - ANS✔✔ 11. Which debt is covered under the Fair Debt Collection Practices Act (FDCPA)?
D. Refuse to pay the debt A 01A86D3A6930436FA654F5A29E9447B Not answered. The correct answer is a. B is incorrect because contacting a third party for location information only does not violate the FDCPA. C is incorrect because contacting a third party to discuss a debt or obtain information other than location information does violate the FDCPA. D is incorrect because a debt collector may not discuss the debt with a third party unless the debtor has given permission to do so. - ANS✔✔ 3. A debt collector contacted a debtor's employer asking for that person's address and phone number. Is this allowed? A. Yes, a debt collector may contact a third-party for location information (consumer's place of abode and telephone number at such place) B. No, contacting a third party violates the Fair Debt Collection Practices Act (FDCPA) unless the debtor has given express written consent C. No, only a request for information other than ''location information'' is allowed D. Yes, as long as the collection agency informs the third party about the nature of the debt and the amount owed C 4FFF8C68CEBB43BAA23A9639AB2C7F7D Not answered. The correct answer is c. A is incorrect because the Fair Debt Collection Practices Act (FDCPA) forbids contact before 8 a.m. or after 9 p.m. B is incorrect because a collector may not contact a consumer at work if asked not to. D is incorrect because the FDCPA forbids contacting the consumer directly if the collector knows the consumer is represented by counsel. - ANS✔✔ 10. Janice is a debt collector for ABC Collection Agency. Which action may she perform to try to collect a debt? A. Contact the debtor before 8 in the morning or after 9 at night B. Contact the debtor at work even if they are told (orally or in writing) not to
C. Contact the debtor on holidays or weekends unless informed that such times are inconvenient D. Contact the debtor directly if the debtor is represented by counsel C DC4A17580A484BCDBD328B8566690F Not answered. The correct answer is c. A, B, and D are permissible actions that a debt collector may take - ANS✔✔ 13. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not: A. Notify debtors about their ability to challenge the validity of a debt and to provide other basic information B. Take or threaten to take property when it can be done legally C. Contact the consumer by postcard or deposit a postdated check early D. Send the consumer a written ''validation notice'' indicating how much money is owed within five days after first contacting the debtor A 656181657CEF42B683FC2AEB1797A Not answered. The correct answer is a. B, C, and D are incorrect because the FDCPA only covers consumer debt for personal, family, or household purposes. - ANS✔✔ 8. Which debt is covered under the Fair Debt Collection Practices Act (FDCPA)? A. John's past due auto loan B. Sam's past due loan to purchase a tractor for his farming business C. Sally's past due loan to open a beauty shop in her basement D. Mike's past due loan to purchase office equipment for his general partnership C
Not answered. The correct answer is d. A, B, and C are permissible actions that a debt collector may take. - ANS✔✔ 3. Which is an example of an unfair debt collection practice not permissible under the Fair Debt Collection Practices Act (FDCPA)? A. Notifying debtors about their ability to challenge the validity of a debt and providing other basic information B. Taking or threaten to take property when it can be done legally C. Sending the consumer a written ''validation notice'' indicating how much money is owed within five days after first contacting the debtor D. Contacting the consumer by postcard or depositing a postdated check early A F1EEDE43448945C7AD093798F5E361E Not answered. The correct answer is a. B, C, and D are incorrect because they are not permissible actions under the FDCPA. - ANS✔✔ 10. Susan is a new debt collector for ABC Collection Agency and is unclear about actions that are allowed under the Fair Debt Collection Practices Act (FDCPA). What type of action is allowable under the FDCPA? A. The collector identifying itself as a debt collector B. Leaving a voice mail about the debt with co-workers or other family C. Using actions or words that threaten and embarrass the debtor D. Threatening legal action when there is no intent to take legal action C 052E998C3F87496181DC287D516F828F Not answered. The correct answer is c. A is incorrect because the FDCPA does not apply to the original creditor. B is incorrect because an individual, such as an attorney collecting a debt for another, is classified as a debt collector under the FDCPA. D is incorrect because the FDCPA applies to third parties collecting debts. - ANS✔✔ 12. A new employee is confused about the
definition of "debt collector" under the Fair Debt Collection Practices Act (FDCPA). What should you tell the employee? A. The original creditor collecting its own debt B. A commercial entity such as Acme Debt collection but not an individual, such as an attorney collecting debts for another C. A debt collector is anybody who regularly collects debts owed to another D. Any entity or person collecting a debt C 60E11B88A93A4A3299FA09969E30633D Not answered. The correct answer is c. A is incorrect because the FDCPA applies to the collection of any type of debt, not just loans. B is incorrect because although following the FDCPA is a good business practice, original creditors must follow state law. D is incorrect because, when either the FDCPA or state law applies, any employee acting as a debt collector must follow the law. - ANS✔✔ 14. The CSRs at Smalltown Bank contact customers to attempt to collect past due amounts owed due to checking account overdrafts. Are these employees subject to the Fair Debt Collection Practices Act (FDCPA)? A. No, checking account overdrafts are not loans, and thus not subject to the FDCPA B. Yes, the employees are collecting a debt, so anyone acting as a collector must follow the FDCPA C. No, the FDCPA does not apply to the original creditor, but state law may apply D. No, the law does not apply to CSRs who are acting as debt collectors C 60E11B88A93A4A3299FA09969E30633D Not answered. The correct answer is c. A is incorrect because the FDCPA applies to the collection of any type of debt, not just loans. B is incorrect because although following the FDCPA is a good business practice, original
information other than location information does violate the FDCPA. D is incorrect because a debt collector may not discuss the debt with a third party unless the debtor has given permission to do so. - ANS✔✔ 10. Gwen is a debt collector with ABC Collection Agency and plans to contact a debtor's employer asking for that person's address and phone number. Is this allowed? A. No, contacting a third party violates the Fair Debt Collection Practices Act (FDCPA) unless the debtor has given express written consent B. Yes, a debt collector may contact a third-party for location information (consumer's place of abode and telephone number at such place) C. No, only a request for information other than ''location information'' is allowed D. Yes, as long as the collection agency informs the third party about the nature of the debt and the amount owed C BA462BBF67C14D749A6D10CDCB2FBAE Not answered. The correct answer is c. A, B, and D are incorrect because authority for this rule was transferred to the Bureau. - ANS✔✔ 13. Originally, the Federal Trade Commission (FTC) was given authority to issue formal opinions regarding debt collectors' conduct under the Fair Debt Collection Practices Act (FDCPA). Which entity did the Dodd-Frank Act transfer authority for rulemaking? A. The Office of the Comptroller of the Currency (OCC) B. The Federal Deposit Insurance Corporation (FDIC) C. The Consumer Financial Protection Bureau (Bureau) D. The Federal Reserve A 15C8CA70903F4A0D8408D06A6A07771C Not answered. The correct answer is a. B, C, and D are incorrect because if such action will not or cannot be taken the representation or implication that
nonpayment of any debt will result in the arrest or imprisonment of any person violates the FDCPA. - ANS✔✔ 3. Allan, a debt collector with ABC Collection Agency, called a customer and told her that his company will have her arrested if the debt was not brought current by the next payment due date. Is that allowed? A. No, if such action will not or cannot be taken the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person violates the Fair Debt Collection Practices Act (FDCPA) B. Yes, if a person does not pay, he or she has committed fraud and should be arrested C. Yes, if state law establishes ''debtors prison'' D. No, a collector may not inform the customer about this action by phone, but may threaten arrest or imprisonment as long as the debt collector notifies the individual in writing of this action B A86540DEE2E84F5EA36F806C384D80CC Not answered. The correct answer is b. A is incorrect because the law is intended to protect debtors, not creditors. C is incorrect because the law allows consumers to validate a debt but does not require that they do so. D is incorrect because the FDCPA applies to 3rd party debt collectors. It does not protect banks from them. - ANS✔✔ 3. What is the purpose of the Fair Debt Collection Practices Act (FDCPA)? A. It is a law passed to protect creditors in collecting debts B. It is a law passed to protect consumers from abusive debt collectors C. It is a law passed to ensure that consumers validate a debt D. It is a law passed to protect banks from third party debt collectors A DAC39F2708864A378329A28143756CB
