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FDCPA Test Prep 2024|Completed | Questions and
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In what year did the Fair Debt Collection Practices Act ("FDCPA") become law? a) b) 1990 c) 2006 - ✔✔a) The FDCPA applies to: a) Debt collectors b) Creditors c) Both d) Neither - ✔✔a) debt collectors Debt collectors are prohibited from contacting debtors by which of the following means? a) Email b) Fax c) Postcard d) Social Media Messaging - ✔✔c) Postcard The FDCPA is a strict construction statute, which means there is no room for speculation or interpretation as to its terms. TRUE FALSE - ✔✔TRUE
When is the earliest a debt collector may contact a debtor? a) 7:00 AM in the debtor's time zone 6) 8:00 AM in the debtor's time zone c) 8:00 AM in the debt collector's time zone d) Anytime - ✔✔a) 6) 8:00 AM in the debtor's time zone When is the latest a debt collect may contact a debtor? a) 5:00 PM in the debtor's time zone ) 9:00 PM in the debtor's time zone 9:00 PM in the debt collector's time zone d) Anytime - ✔✔) 9:00 PM in the debtor's time zone Can a debt collector contact a debtor at work? a) No, the FDCPA covers personal debts, not work-related debts b) Yes, the debtor can be called at work at any time V Yes, but only if the debtor has not informed the debt collector that the debtor cannot receive calls at work and the debtor's employer permits those types of calls d) Yes, but only if the debtor's employer offered to pay some of the debt - ✔✔Yes, but only if the debtor has not informed the debt collector that the debtor cannot receive calls at work and the debtor's employer permits those types of calls A debt collector may discuss the following with the debtor's friends, family members, or employers: a) The amount owed The name of the creditor(s) c) Contact/location information d) The debtor's finances - ✔✔c) Contact/location information If a debtor informs a debt collector he is represented by an attorney the debt collector may communicate with either the debtor's attorney or the debtor. a) TRUE FALSE - ✔✔FALSE
What types of debts are covered under the FDCPA? a) Personal Business Any debt a debt collector is attempting to collect - ✔✔Personal Can a debt collector seek interest on a collections account? a Yes, but only if the debtor is aware of the account b) Yes, but only if the debtor made partial payments to the creditor c) No, any collection of interest is a violation of the FDCPA d) Yes, but only if permitted by law or included in the contract signed by the debtor - ✔✔d) Yes, but only if permitted by law or included in the contract signed by the debtor Under the FDCPA, a debtor is only obligated to pay what she can afford: - ✔✔False. A debtor can stop a debt collection agency from contacting them by:a) Only by paying the debt ) Sending a certified letter telling the debt collector to stop c) Filing a lawsuit and seek protection under the FDCPA d)Contacting the debt collector and request it stops - ✔✔d)Contacting the debt collector and request it stops A debtor's request to stop contacting her is known as "cease and desist" under the FDCPA. TRUE b) FALSE - ✔✔TRUE A debtor can only request a debt collector stop contacting him if the debtor proves he does not owe the debt. TRUE FALSE - ✔✔FALSE If a debtor requests "cease and desist" on an account, a debt collector may not file suit on the account. TRUE FALSE - ✔✔FALSE
A legal pleading is considered a communication for purposes of "cease and desist" for the FDCPA. TRUE FALSE - ✔✔FALSE TRUE FALSE A debt collector is obligated under the FDCPA to offer a settlement on every account: - ✔✔FALSE A debt collector must send a "validation notice" within how long after first contacting a debtor? a) One day 6) Five days c) Ten business days d) Whenever the debt collector gets around to it - ✔✔6) Five days If a debtor advises a debt collector he is disputing the debt, what does the debt collector have to do? AD Validate the debt if the debt collector wants to continue collectien b) Offer a settlement to not have to validate the debt c) Both d) Neither - ✔✔AD Validate the debt if the debt collector wants to continue collectien A debt collector can use profanity in a conversation with a debtor: a) If the debtor insults the debt collector b) If the debt collector thinks the debtor usually talks like that anyway c) Typically not, but acceptable in a few circumstances O Never - ✔✔O Never
- It is permissible to subtlety embarrass the debtor and thereby coerce payment of the debt. TRUE FALSE - ✔✔FALSE A debt collector may threaten a debtor with violence or harm: - ✔✔Never
Can a debtor control which accounts his payments go towards? a) Yes, if the debts are for utilities O Yes, if the debtor specifies which accounts c) No, the debt collector gets to choose d) No, the payments must go to the oldest account under the FDCPA - ✔✔O Yes, if the debtor specifies which accounts The FDCPA provides protections to debt collection agencies for harassing or abusive practices by debtors. a) TRUE FALSE - ✔✔FALSE A debtor asks for validation of the debt, what needs to be provided: a The itemized billing statement b) The itemized billing statement and any other documents requested by the debtor if the debt is older than 1 year. c) The itemized billing statement and all notes entered by the debt collection agency. d) Nothing, the debtor should remember the debt. - ✔✔a The itemized billing statement Under the FDCPA, what is the standard in analyzing claims brought by debtors against debt collectors? a) Reasonable consumer b) Competent consumer ) Average consumer d)Least- sophisticated consumer - ✔✔d)Least- sophisticated consumer If you are advised to cease and desist from collection activity by the consumer or her attorney, you are permitted at least one phone call and/or letter to pursue collection of the account. a) TRUE FALSE - ✔✔FALSE It is permissible to tell the debtor that her wages will be garnished as a result of your collection efforts. a) TRUE OFALSE - ✔✔OFALSE
debt collector and any information obtained will be used to collect the debt c) A disclosure that is required at the start of a conversation with a debtor informing the debtor that the call is from a debt collector and any information obtained will be used to collect the debt, but only in credit card debt cases - ✔✔A disclosure required at the start of a conversation with a debtor informing the debtor that the call is from a debt collector and any information obtained will be used to collect the debt During a phone conversation, the debtor begins to ask the debt collector questions about the debtor's options in paying (or not paying the account) as well as the debtor's legal options. The debt collector should: a) Provide as much information as possible to assist the debtor and provide the best possible customer service b) Inform the debtor that given the balance, it would be cheaper to pay the bill than speak to an attorney © Let the debtor know that the debt collector cannot provide any legal advice to the debtor. d) Let the debtor know there is no way to get out of this debt, there are no legal options, so the debtor must pay. - ✔✔© Let the debtor know that the debt collector cannot provide any legal advice to the debtor. What are a debt collector's options when a debtor sends a "cease and desist" request? a) End informal collection efforts and file a lawsuit b) Close the account Neither d)) Both - ✔✔d)) Both
- It is permissible to use false or misleading information so long as the false or misleading information does not change the amount due. a) TRUE 6)FALSE
- ✔✔6)FALSE If a debt collection agency does not have a signed contract between the creditor and the debtor, the debt collection agency cannot legally collect the debt under the FDCPA. TRUE b) FALSE - ✔✔b) FALSE
A debt collection agency needs to only validate a debt if the debtor provides a self-addressed, stamped envelope to the debt collection agency. TRUE 6) FALSE - ✔✔6) FALSE If a debtor uses threatening, harassing, or abusive language with a debt collector, the debt collector is obligated to stay on the phone until the debtor is finished. a TRUE b) FALSE - ✔✔b) FALSE
- If a debtor requests validation of a debt, the debt collector must provide validation of the debt: a) It depends on the amount of the debt b) Every time the debtor requests it if the debt is for legal fees Up to four times per year One time - ✔✔One time A debtor never needs to investigate accounts further or speak with an attorney about the debtor's options on an account because a debt collector can answer all related questions. TRUE OFALSE - ✔✔OFALSE
