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FDCPA EXAM QUESTIONS & ANSWERS
Typology: Exams
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What does FDCPA stand for? - Answer - Fair Debt Collection Practices Act What two government agencies govern or police the FDCPA? - Answer - The FTC and the CFPB What does FTC stand for? - Answer - Federal Trade Commission What does CFPB stand for? - Answer - Consumer Financial Protection Bureau Under regulation F, it is assumed to be a violation if we place a call to a debtor more than how many times in a 7 day period? - Answer - 7 times We may only contact a debtor between what hours local time at the debtor location. (specify AM and PM) - Answer - 8AM to 9PM The mini- Miranda right - Answer - This is an attempt to collect a debt. Any information obtained will be used for that purpose. What 3 pieces of information are considered location information according to the FDCPA? - Answer - 1. Place of Employment
2.Never use a check or series of checks as a threat
B. Home phone number, work phone number or place of employment C. Home phone number, work phone number or supervisors phone number D. Place of residence, work phone number or supervisors phone number. - Answer - A. Place of residence, home phone number or place of employment. A professional debt collector may contact a consumers employer when: A. The collector is unable to contact the consumer after three attempts B. The debt is over $ C. The collector is verifying employment D. The consumer says he doesn't earn enough money to pay the debt - Answer - C. The collector is verifying employment When communicating with consumers about a debt, professional debt collectors: A. Must identify themselves as debt collectors B. May imply they work for the government C. May use forms that look like legal documents D. None of the above - Answer - A. Must identify themselves as debt collectors True or false: professional debt collectors can be held liable for violation of the FDCPA to the same extent as their employers - Answer - True True or false: professional debt collectors may refer to legal action as a collection possibility on all size accounts even if their policy is to sue on accounts larger that $
True or false: in certain situations, a debt collector may use obscene or profane language - Answer - False When skip tracing, collectors should not: A. Ask for location information B. Identify themselves by name only C. State that they are trying to locate the person D. Use postcards - Answer - D. Use postcards Professional debt collectors may be sued for violations of the FDCPA and held liable for: A. Actual damages sustained by a person as a result of such violation B. Statutory damages not to exceed $1,000 per lawsuit C. The suing party's reasonable attorney's fees D. All of the above - Answer - D. All of the above True or false: according to the Brady decision, collection agencies are not required to report a disputed debt unless the consumer has disputed the debt in writing - Answer - False True or false: collectors may say anything over the telephone that they are prohibited from writing in letters - Answer - False The federal government reserves the right to bring an administrative enforcement action against a debt collector A. At any time B. If the debt collector has committed similar violations in the past C. When the protection of the general public is at issue D. If the consumer does not have the appropriate funds to bring a private action - Answer - C. When the protection of the general public is at issue True or false: an inconvenient time to contact a consumer would be anytime defined as inconvenient by the consumer - Answer - True True or false: after a professional debt collector learns a consumer is represented by an attorney, the collector may still request location information from third parties - Answer - False According to the FDCPA, harassment or abuse does not include A. The use of an alias B. Using shaming tactics C. Causing the telephone to ring continuously D. Placing telephone calls without disclosing the collectors identity - Answer - A. The use of an alias
A third party can be: A. Consumers neighbor B. Consumers employer C. Consumers parents, if consumer is over 21 D. All of the above - Answer - D. All of the above True or false: a debt collector may not falsely represent or imply they are an attorney or any communication with a debt is from an attorney if, in fact, it is not. - Answer - True True or false: professional debt collectors are prohibited from telling consumer that "an arrest warrant will be issued unless payment is made." - Answer - True True or false: the term "debt collector" means any person whose principal purpose is the collection of any debts owed or due to another - Answer - True A collector may discuss details of a debt with: A. The mother of a 22-year old college student B. The consumers accountant C. The consumers spouse per law D. None of the above - Answer - C. The consumers spouse per law True or false: professional debt collectors may indicate they are legal advisors when I'm written communication - Answer - False When skip tracing, if Larry is asked, "whom do you work for?" Larry should answer: A. An old friend of Jims, hoping to see him while I'm in town B. I work at PIF collections C. I can't tell you that D. I represent (name of client) - Answer - B. I work at PIF collections Professional debt collectors must not disclose the purpose of their communications when contacting: A. Consumers employer B. Consumers attorney C. Consumer D. Consumers legal guardian - Answer - A. Consumers employer Under what circumstances can collection agencies add interest to a debt? A. If state law prohibits it, but the agreement creating the debt allows it. B. If state law does not specifically disallow it & the agreement creating the debt allows it C. If the state allows it, but agreement creating the debt prohibits it D. Never - Answer - B. If state law does not specifically disallow it & the agreement creating the debt allows it True or false: according to FDCPA, a consumer can sue for lost wages - Answer - True
True or false: only those individuals considered debt collectors are subject to the FDCPA - Answer - True Which of the following can be considered a form of harassment? A. Threatening violence B. Calling the consumer a liar C. Repeated phone calls to the consumer D. All of the above - Answer - D. All of the above Professional debt collectors may: A. Threaten to, but not actually deposit a post dated check prior to the date written on the check. B. Accept post dated check, but not deposit them prior to the date written on the check C. Never accept postdated checks prior to the date written on the check D. Deposit postdated checks prior to the date written on the clock - Answer - B. Accept postdated checks, but not deposit them prior to the date written on the check True or false: if the consumer tells the collector not to call him at his place of employment, the collector can still call him at work - Answer - False True or false: a debt collector may not use any false, deceptive or misleading representation or means in connection with collection of any debt - Answer โ True How many times can a debt collector contact a third party to request a location information regarding the consumer? - Answer - one what information can you request from a third party? - Answer - The consumer's home address, home phone, and place of employment which of the following are right parties with whom can always discuss the debt? a) the consumer's parents b)the consumer's employer c) the consumer's accountant d) the executor of the estate of a deceased - Answer - D the FDCPA allows debt collectors to contact a consumer between what hours - Answer
a debt collecter must: A) provide written notice of the intent to deposit a check post dated by more than 5 days B) contact a consumer between 10am and 7pm in the collector's time zone C) contact a third party repeatedly to obtain location info D) increase the amount of the debt if the consumer does not pay - Answer - A True/False: a debt collector can provide info regarding a debt to a third party if the consumer gives permission to disclose info - Answer - True When a consumer disputes a debt, the debt collector must: a) continue regular collection efforts b) not apply payments to the disputed portion of the debt c) explain the consumer's wage will be garnished d) file suit to collect the debt - Answer - B a debt collector who violates the FDCPA can be liable for: a) a minimum of $1000 in statutory damages b) actual damages of $1000 per violation c) statutory damages of up to $1000 and attorney fees d) debt collectors cannot be sued under the FDCPA - Answer - C The Fair Debt Collection Practices Act is designed to: A) make debt collection more difficult B) allow consumers to discharge their past due debts C) handcuff debt collectors with onerous provisions D) eliminate abusive collection efforts - Answer - D A consumer's verbal request for a debt collector to cease communications: a) provides notice that the time of place of the communication might be inconvenient for the consumer b) has no impact on the debt collection effort c) has the same impact as a written cease communication d) has the same impact as a written refusal to pay - Answer - A When a consumer is represented by an attorney: a) a debt collector may communicate with the consumer or the attorney and obtain location information from a third party b) a debt collector may communicate with the attorney and attempt to obtain location information from third parties c) a debt collector may communicate with the attorney only d) a debt collector may cease all communication regarding the debt - Answer - C True/False: a debt collector may tell a consumer he has committed a crime by failing to pay a debt - Answer - False
True/False: a debt collector can overshadow the Validation period in collection calls, but not in collection letters - Answer - False True/False: when communicating with a consumer, a debt collector must identify themselves and disclose the purpose of the communication - Answer - True True/False: a debt collector can avoid FDCPA liability by having procedures in place to avoid FDCPA violations and errors - Answer - True A consumer's written dispute during the validation period: a) has no impact on collection efforts b) requires the debt collector to cease communication and provide verification of debt c) requires the debt collector to provide verification of the debt, but collection efforts may continue d) requires the creditor to contact the consumer to provide verification of the debt - Answer - B Which of the following statements, within 5 days of validation period, would not constitute overshadowing: a) if you do not pay this debt immediately we will bring suit against you b) you can avoid having a lawsuit brought against you if you settle your account with a 50% payment within 5 days c) this debt is seriously delinquent. The balance in full is due d) you have to request validation or pay within 20 days - Answer - C The fair debt collection practices act: a) applies to first party grantors b) applies to written communication, but not verbal communication c) was enacted to eliminate abusive, deceptive, and unfair debt collection practices d) was enacted to encourage consumers to file bankruptcy - Answer - C What does FDCPA stand for? - Answer - Fair Debt Collection Practices Act