FDCPA Practice Questions: Mastering Debt Collection Law, Exams of Social Sciences

A series of test questions and answers related to the fair debt collection practices act (fdcpa). It covers key aspects of the law, including permissible and prohibited debt collector behaviors, consumer rights, and legal standards. The questions address topics such as communication restrictions, validation notices, and legal liabilities, providing a concise overview of the fdcpa's main provisions. This resource is useful for students and professionals seeking to understand the legal framework governing debt collection practices and consumer protection under federal law. It serves as a practical tool for self-assessment and knowledge reinforcement in the field of consumer law and debt regulation.

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2024/2025

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FDCPA TEST QUESTIONS AND ANSWES
In what year did the Fair Debt Collection Practices Act ("FDCPA") become law?
a)1977
b)1990
c)2006 - Answer -a)1977
The FDCPA applies to:
a) Debt collectors
b) Creditors
c) Both
d) Neither - Answer -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 - Answer -c) Postcard
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 - Answer -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 -
Answer -FALSE
What types of debts are covered under the FDCPA? a) Personal Business Any debt a
debt collector is attempting to collect - Answer -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 - Answer -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: - Answer -
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 - Answer -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)
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FDCPA TEST QUESTIONS AND ANSWES

In what year did the Fair Debt Collection Practices Act ("FDCPA") become law? a) b) c)2006 - Answer - a) The FDCPA applies to: a) Debt collectors b) Creditors c) Both d) Neither - Answer - 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 - Answer - c) Postcard 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 - Answer - 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 - Answer - FALSE What types of debts are covered under the FDCPA? a) Personal Business Any debt a debt collector is attempting to collect - Answer - 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 - Answer - 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: - Answer - 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 - Answer - 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 - Answer - 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 - Answer - O Never

  1. It is permissible to subtlety embarrass the debtor and thereby coerce payment of the debt. TRUE FALSE - Answer - FALSE A debt collector may threaten a debtor with violence or harm: - Answer - Never garnish the debtor's wages if the debtor refuses to pay. A debt collector can inform a debtor that the debt collector will TRUE FALSE - Answer - FALSE If a debtor is represented by an attorney and the attorney will not return the debt collectors calls, can a debt collector contact the debtor? No, the debtor is represented by an attorney b) Yes, if the attorney will not respond, the debt collector can still try to collect c)) Yes, but only to obtain the debtor's attorney's contact information. d) Yes, the FDCPA requires a debt collector to let a debtor know if the debtor's attorney is not doing her job - Answer - c)) Yes, but only to obtain the debtor's attorney's contact information. The FDCPA is a strict construction statute, which means there is no room for speculation or interpretation as to its terms. TRUE FALSE - Answer - 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 - Answer - 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 - Answer - ) 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 - Answer - 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 speak to a debtor about the debt if the debtor is represented by an attorney and: ADA debt collector can never speak to a debtor directly if the debtor is represented by an attorney. b) The debtor's attorney has advised the debt collector the conversation is permitted. c) Both d) Neither - Answer - b) The debtor's attorney has advised the debt collector the conversation is permitted.

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 - Answer - FALSE It is permissible to tell the debtor that her wages will be garnished as a result of your collection efforts. a) TRUE OFALSE - Answer - OFALSE Under the FDCPA, the creditor may be held liable for actions of the debt collector to whom the creditor turned delinquent accounts. TRUE FALSE - Answer - TRUE Under the FDCPA, an individual debt collector may be held liable for violations along with the debt collection agency. a) TRUE b) FALSE - Answer - a) TRUE If a debtor is on a fixed income, a debt collection agency may not pursue collection of that debtor's account(s). a) TRUE by FALSE - Answer - by FALSE If an account is beyond the statute of limitations ("time-barred debt"), a debt collector may collect it just as with any other account. a) TRUE O FALSE - Answer - FALSE If an account is time-barred and a debtor still wants to pay the account, a debt collector cannot accept the payment. a) TRUE b) FALSE - Answer - b) FALSE If a debtor brings a lawsuit under the FDCPA against a debt collector or debt collection agency, a debtor can recover: a) $1,000.00 in statutory damages b) Attorney's fees and court costs c) Actual damages dy All the above - Answer - dy All the above It is permissible to advise a debtor that the debt owed to a government agency could result in big trouble with the police if the debt is not paid. a) TRUE 6) FALSE - Answer -

  1. FALSE What is the Mini-Miranda? a) A disclosure optional in debt collection conversations 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 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 - Answer - 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. - Answer - © 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

  • Answer - d)) Both
  1. 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 - Answer - 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 - Answer - 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 - Answer
    1. 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 - Answer - b) FALSE
  1. 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 - Answer - 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 - Answer - OFALSE