Fair Debt Collection Practices Act (FDCPA) – Comprehensive Study Guide-5.docx, Exams of Advanced Education

Fair Debt Collection Practices Act (FDCPA) – Comprehensive Study Guide-5.docx

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Fair Debt Collection Practices Act
(FDCPA) – Comprehensive Study Guide
A law that gives consumers protection against unprofessional and harassing
behavior when attempting to collect on a debt - correct answer ✔✔ Fair Debt
Collection Practices Act (FDCPA)
T or F: The FDCPA was enacted to protect consumers from abusive, unfair,
and deceptive debt collection practices, and provide guidance to debt
collectors on avoiding practices that are abusive, unfair, or deceptive. -
correct answer ✔✔ TRUE
T or F: Debts covered under the FDCPA include personal, family, and
household debts as well as automobile loans, credit card debts, and money
owed for medical bills - correct answer ✔✔ TRUE
Means more than just the person who owes the debt; it also means the
debtor's spouse, parents (if the debtor is a minor), legal guardian, and/or
confirmed successor in interest - correct answer ✔✔ Consumer
T or F: A debt collector is usually a third party whose business is to collect
debts owed to a creditor. That is, their primary business is collecting on debts
that are not owed directly to them, but to another entity. - correct answer ✔✔
TRUE
T or F: The two most common debt collectors are debt collection agencies
and collection attorneys. - correct answer ✔✔ TRUE
A debt collector calls a debtor's sister in an attempt to locate the debtor. The
collector identifies himself and then explains that the purpose of his call is to
find out the location of the debtor because he owes money on a debt. Has
the debt collector violated the FDCPA? - correct answer ✔✔ Yes
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Fair Debt Collection Practices Act

(FDCPA) – Comprehensive Study Guide

A law that gives consumers protection against unprofessional and harassing behavior when attempting to collect on a debt - correct answer ✔✔ Fair Debt Collection Practices Act (FDCPA) T or F: The FDCPA was enacted to protect consumers from abusive, unfair, and deceptive debt collection practices, and provide guidance to debt collectors on avoiding practices that are abusive, unfair, or deceptive. - correct answer ✔✔ TRUE T or F: Debts covered under the FDCPA include personal, family, and household debts as well as automobile loans, credit card debts, and money owed for medical bills - correct answer ✔✔ TRUE Means more than just the person who owes the debt; it also means the debtor's spouse, parents (if the debtor is a minor), legal guardian, and/or confirmed successor in interest - correct answer ✔✔ Consumer T or F: A debt collector is usually a third party whose business is to collect debts owed to a creditor. That is, their primary business is collecting on debts that are not owed directly to them, but to another entity. - correct answer ✔✔ TRUE T or F: The two most common debt collectors are debt collection agencies and collection attorneys. - correct answer ✔✔ TRUE A debt collector calls a debtor's sister in an attempt to locate the debtor. The collector identifies himself and then explains that the purpose of his call is to find out the location of the debtor because he owes money on a debt. Has the debt collector violated the FDCPA? - correct answer ✔✔ Yes

T or F: A debt collector may contact a consumer in person, by mail, by telephone, by telegram, by fax, or electronically, such as by email or social media - correct answer ✔✔ TRUE T or F: A debt collector may contact a consumer between 8 am and 9 pm at the consumer's local time, unless the consumer asks to be contacted at another more convenient time (Calling outside of convenient hours is a common violation of the FDCPA, the most common being a high volume of calls) - correct answer ✔✔ TRUE T or F: If an attorney represents a consumer, the debt collector must only communicate with the attorney, unless the consumer requests otherwise or the attorney does not respond to a communication from the debt collector in a reasonable amount of time - correct answer ✔✔ TRUE What is the most common violation of FDCPA? A. Disclosing debt to acquaintances B. Calling outside of convenient hours C. Failure to self-identify D. Repeatedly calling the debtor - correct answer ✔✔ D. Continuous calls are the number one complaint of FDCPA A debt collector makes a telephone call to every member of a consumer's family and several of her neighbors before locating the whereabouts of the consumer. Is this harrassment? - correct answer ✔✔ No. A debt collector may contact third parties one time to confirm correct location information. The FDCPA does not put a limit on the number of third parties that may be contacted. Harrassment:

A. Calling the consumer B. Calling the consumer's neighbors and friends C. Calling the consumer without identifying himself D. All of the above - correct answer ✔✔ C. Calling the consumer without identifying themselves What is the primary purpose of the FDCPA? A. To protect consumers from abusive, unfair, and deceptive debt collection practices B. To protect debt collectors from consumers trying to avoid paying debts C. To protect financial institutions from harassment suits - correct answer ✔✔ A T or F: As long as a debt collector does not clearly state he is a government representative, he has not broken any laws if he has only given the consumer the impression that he works for the government - correct answer ✔✔ FALSE A consumer feels harassed by a debt collector. How long does the consumer have to press charges after the harassment occurs? A. Six months B. Two years C. Ninety days D. One year - correct answer ✔✔ D. One year T or F: The FDCPA clearly states that consumers who do not pay their debts will face criminal prosecution - correct answer ✔✔ FALSE. Owing money is not a crime

A debt collector may contact a consumer's friends, neighbors, and relatives for which of the following reasons? A. To ask for money owed on a debt B. To ask for character references about a consumer C. To confirm or correct location information - correct answer ✔✔ C Under what circumstances can a debt collector contact a consumer after the consumer has told the debt collector to cease contact? A. None B. If contact is required under another regulation, such as RESPA C. To let the consumer know the debt collector is invoking specific remedies D. To let the consumer know the debt collector is no longer going to attempt to collect the debt - correct answer ✔✔ B, C, and D When contacting a consumer, a debt collector may not use which of the following means? A. Telephone B. Fax C. Postcard D. Telegram - correct answer ✔✔ C. Postcard T or F: An attorney who collects debts for a client is not considered a debt collector and, therefore, does not have to adhere to the guidelines outlined in the FDCPA - correct answer ✔✔ FALSE If an individual sues a debt collector for harassment and wins the lawsuit, she may collect damages and: A. Up to 1 percent of the collector's net worth B. Up to $500,