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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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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
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 -
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