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FDCPA Test – Study Guide and Practice
Questions
In what year did the Fair Debt Collection Practices Act ("FDCPA") become law? a) b) c)2006 - correct answer ✔✔ a) The FDCPA applies to: a) Debt collectors b) Creditors c) Both d) Neither - correct 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 - correct answer ✔✔ 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 - correct 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 - correct 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 - correct 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 - correct 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 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 - correct 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 - correct answer ✔✔ FALSE What types of debts are covered under the FDCPA? a) Personal Business Any debt a debt collector is attempting to collect - correct 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
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 - correct 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 - correct answer ✔✔ O Never
- It is permissible to subtlety embarrass the debtor and thereby coerce payment of the debt. TRUE FALSE - correct answer ✔✔ FALSE A debt collector may threaten a debtor with violence or harm: - correct 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 - correct 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 - correct answer ✔✔ c)) Yes, but only to obtain the debtor's attorney's contact information. 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 - correct answer ✔✔ b) The debtor's attorney has advised the debt collector the conversation is permitted. Under the FDCPA, the "venue" for which a lawsuit against a debtor may be brought is: a) The county or judicial district where the debtor resides b) The county or judicial district where the contract was signed C)) Both d) Neither - correct answer ✔✔ C)) Both Under the FDCPA, the "venue" for which a lawsuit against a debtor may be brought: a) The county or judicial district where the creditor is based b) The county or judicial district where the services were rendered c) Both d) Neither - correct answer ✔✔ d) Neither 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 - correct answer ✔✔ 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 - correct answer ✔✔ 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. - correct answer ✔✔ 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
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 - correct 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 - correct answer ✔✔ 6) 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 - correct 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. - correct 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 - correct answer ✔✔ 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 - correct 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 - correct 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 - correct answer ✔✔ 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 - correct answer ✔✔ 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 - correct 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 - correct answer ✔✔ OFALSE
