FDCPA Test Study Guide| Questions and Verified Answers 100% Correct| A Grade (2024/ 2025 U, Exams of Law

Download FDCPA Test Study Guide| Questions and Verified Answers 100% Correct| A Grade (2024/ 2025 U and more Exams Law in PDF only on Docsity! FDCPA Test Study Guide| Questions and Verified Answers 100% Correct| A Grade (2024/ 2025 Update) QUESTION 804. Acquisition of location information Answer: Any debt collector communicating with any person other than the consumer for the purpose of acquiring location infor- mation about the consumer shall (15 USC 1692b) QUESTION 804. (1) Acquisition of location information Answer: identify himself, state that he is con rming or correct- ing location information concerning the consumer, and, only if expressly requested, identify his employer QUESTION 804. (2) Acquisition of location information Answer: not state that such consumer owes any debt QUESTION 804. (3) Acquisition of location information Answer: not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information QUESTION 804. (4) Acquisition of location information Answer: not communicate by post card QUESTION 804. (5) Acquisition of location information Answer: not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt QUESTION 806. (6) Acquisition of location information Answer: and after the debt collector knows the consumer is repre- sented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector QUESTION 805. Communication in connection with debt collection Answer: 15 USC 1692c QUESTION 806. (3.) Harassment or abuse Answer: The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)1 of this title. QUESTION 806. (4.) Harassment or abuse Answer: The advertisement for sale of any debt to coerce pay- ment of the debt. QUESTION 806. (5.) Harassment or abuse Answer: Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number QUESTION 806. (6.) Harassment or abuse Answer: Except as provided in section 1692b of this title, the placement of telephone calls without meaningful dis- closure of the caller's identity QUESTION 807. False or misleading representations Answer: A debt collector may not use any false, deceptive, or mis- leading representation or means in connection with the col- lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section QUESTION 807. (1.) False or misleading representations Answer: The false representation or implication that the debt collector is vouched for, bonded by, or af liated with the United States or any State, including the use of any badge, uniform, or facsimile thereof QUESTION 807. (2.) False or misleading representations Answer: The false representation of— (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt QUESTION 807. (3.) False or misleading representations Answer: The false representation or implication that any indi- vidual is an attorney or that any communication is from an attorney QUESTION 807. (4.) False or misleading representations Answer: (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action QUESTION 807. (5.) False or misleading representations Answer: The threat to take any action that cannot legally be taken or that is not intended to be taken QUESTION 807. (6.) False or misleading representations Answer: (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to— (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this subchapter QUESTION 807. (7.) False or misleading representations Answer: The false representation or implication that the con- sumer committed any crime or other conduct in order to disgrace the consumer QUESTION 807. (8.) False or misleading representations The false representation or implication that a debt col- lector operates or is employed by a consumer reporting agency as de ned by section 1681a(f) of this title QUESTION 808. Unfair practices Answer: A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limit- ing the general application of the foregoing, the following conduct is a violation of this section QUESTION 808. (1.)Unfair practices Answer: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obli- gation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. QUESTION 808. (2.) Unfair practices Answer: The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than ve days unless such person is noti ed in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three busi- ness days prior to such deposit QUESTION 808. (3.) Unfair practices Answer: The solicitation by a debt collector of any postdated check or other postdated payment instrument for the pur- pose of threatening or instituting criminal prosecution QUESTION 808. (4.) Unfair practices Answer: Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument QUESTION 808. (5.) Unfair practices Answer: Causing charges to be made to any person for com- munications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees QUESTION 808. (6.) Unfair practices Answer: Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if— (A) there is no present right to possession of the prop- erty claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such disposses- sion or disablement QUESTION 808. (7.) Unfair practices Answer: Communicating with a consumer regarding a debt by post card QUESTION 808. (8.) Unfair practices Answer: Using any language or symbol, other than the debt col- lector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt col- lection business QUESTION 803. Definitions Answer: 15 USC 1692a QUESTION 803. Bureau Answer: term means the Bureau of Consumer Financial Protection. QUESTION communication Answer: term means the conveying of information regarding a debt directly or indirectly to any person through any medium QUESTION debt collector term does not include (e) Answer: (E) any nonprofit organization which, at the request of consumers, performs bona de consumer credit counseling and assists consumers in the liquida- tion of their debts by receiving payments from such consumers and distributing such amounts to creditors QUESTION debt collector term does not include (f) Answer: any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity QUESTION debt collector term does not include (f.1) Answer: is incidental to a bona de duciary obligation or a bona de escrow arrangement QUESTION debt collector term does not include (f.2) Answer: concerns a debt which was originated by such person QUESTION debt collector term does not include (f.3) Answer: concerns a debt which was not in default at QUESTION debt collector term does not include (f.4) Answer: the time it was obtained by such person QUESTION debt collector term does not include (f.5) Answer: concerns a debt obtained by such person as a secured party in a commercial credit transac- tion involving the creditor. QUESTION location information Answer: The term means a consumer's place of abode and his telephone number at such place, or his place of employment QUESTION State Answer: term means any State, territory, or posses- sion of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdi- vision of any of the foregoing. QUESTION 809. Validation of debts Answer: 15 USC 1692g QUESTION 809. (a.) Notice of debt; contents Answer: Within ve days after the initial communication with a con- sumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing QUESTION 809. (a.1) Notice of debt; contents Answer: the amount of the debt QUESTION 809. (a.2) Notice of debt; contents Answer: the name of the creditor to whom the debt is owed QUESTION 809. (a.3) Notice of debt; contents Answer: 15 USC 1692h..If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions QUESTION 811. Legal actions by debt collectors Answer: 15 USC 1692i QUESTION 811. (a) Venue Answer: Any debt collector who brings any legal action on a debt against any consumer shall QUESTION 811. (a.1) Venue Answer: in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or QUESTION 811. (a.2) Venue Answer: in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commence- ment of the action. QUESTION 811. (b) Authorization of actions Answer: Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors QUESTION 812. Furnishing certain deceptive forms Answer: 15 USC 1692j QUESTION 812. (a.) Furnishing certain deceptive forms Answer: It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating QUESTION 812. (b.) Furnishing certain deceptive forms Answer: Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter QUESTION 813. Civil liability Answer: 15 USC 1692k QUESTION 813. (a.) Amount of damages Answer: Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of QUESTION 813. (a.1) Amount of damages Answer: any actual damage sustained by such person as a result of such failure; QUESTION 813. (a.2) Amount of damages Answer: (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a mini- mum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector QUESTION 813. (a.3) Amount of damages Answer: The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is speci cally committed to another Government agency under any of paragraphs (1) through (5) of subsection (b), subject to subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.]. For purpose of the exercise by the Federal Trade Commis- sion of its functions and powers under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule QUESTION 814. (b) Applicable provisions of law Answer: Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under QUESTION 814. (b.1) Applicable provisions of law Answer: section 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the appropriate Federal banking agency, as de ned in section 3(q) of the Federal De- posit Insurance Act (12 U.S.C. 1813(q)), with respect to— (A)national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations oper- ating under section 25 or 25A of the Federal Re- serve Act [12 U.S.C. 601 et seq., 611 et seq.]; and (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks QUESTION 814. (b.2) Applicable provisions of law Answer: the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the Administrator of the National Credit Union Ad- ministration with respect to any Federal credit union QUESTION 814. (b.3) Applicable provisions of law Answer: subtitle IV of title 49, by the Secretary of Transporta- tion, with respect to all carriers subject to the jurisdic- tion of the Surface Transportation Board; QUESTION 814. (b.4) Applicable provisions of law Answer: part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part QUESTION 814. (b.5) Applicable provisions of law Answer: the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as provided in section 406 of that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture with respect to any activities subject to that Act QUESTION 814. (b.6) Applicable provisions of law Answer: and subtitle E of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau, with respect to any person subject to this subchapter. QUESTION 814. (b.) Applicable provisions of law (ending) Answer: .....The terms used in paragraph (1) that are not de ned in this subchapter or otherwise de ned in section 3(s) of the Fed- eral Deposit Insurance Act (12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b) of the Interna- tional Banking Act of 1978 (12 U.S.C. 3101). QUESTION 814. (c.) Agency powers Answer: For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any re- quirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law spe- ci cally referred to in subsection (b) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any require- ment imposed under this subchapter any other authority conferred on it by law, except as provided in subsection (d) of this section QUESTION 814. (d.) Rules and regulations Answer: Answer: Conditions of applicability Paragraph (1) shall apply if— (A) a State or district attorney establishes, within the jurisdiction of such State or district attorney and with respect to alleged bad check violations that do not involve a check described in subsection (b), a pretrial diversion program for alleged bad check 15 USC 1692n § 816 15 USC 1692n 15 USC 1692o 15 USC 1692p 19 § 818 15 USC 1692p offenders who agree to participate voluntarily in such program to avoid criminal prosecution; (B) a private entity, that is subject to an administrative support services contract with a State or district attorney and operates under the direction, supervi- sion, and control of such State or district attorney, operates the pretrial diversion program described in subparagraph (A); and (C) in the course of performing duties delegated to it by a State or district attorney under the contract, the private entity referred to in subparagraph (B)— (i) complies with the penal laws of the State; (ii) conforms with the terms of the contract and directives of the State or district attorney; (iii) does not exercise independent prosecutorial discretion; (iv) contacts any alleged offender referred to in subparagraph (A) for purposes of participating in a program referred to in such paragraph— (I) only as a result of any determination by the State or district attorney that probable cause of a bad check violation under State penal law exists, and that contact with the alleged offender for purposes of participa- tion in the program is appropriate; and (II) the alleged offender has failed to pay the bad check after demand for payment, pur- suant to State law, is made for payment of the check amount; (v) includes as part of an initial written commu- nication with an alleged offender a clear and conspicuous statement that— (I) the allege QUESTION 818. (b.) Certain checks excluded Answer: A check is described in this subsection if the check in- volves, or is subsequently found to involve QUESTION 818. (b.1) Certain checks excluded Answer: a postdated check presented in connection with a pay- day loan, or other similar transaction, where the payee of the check knew that the issuer had insuf cient funds at the time the check was made, drawn, or delivered QUESTION 818. (b.2) Certain checks excluded Answer: a stop payment order where the issuer acted in good faith and with reasonable cause in stopping payment on the check QUESTION 818. (b.3) Certain checks excluded Answer: a check dishonored because of an adjustment to the is- suer's account by the nancial institution holding such account without providing notice to the person at the time the check was made, drawn, or delivered; (4) a check for partial payment of a debt where the payee had previously accepted partial payment for such debt; § 818 15 USC 1692p 21 15 USC 1692 note § 818 QUESTION 818. (b.5) Certain checks excluded Answer: (5) a check issued by a person who was not competent, or was not of legal age, to enter into a legal contractual obligation at the time the check was made, drawn, or delivered QUESTION 818. (b.6) Certain checks excluded Answer: or a check issued to pay an obligation arising from a transaction that was illegal in the jurisdiction of the State or district attorney at the time the check was made, drawn, or delivered. (c) De nitions For purposes of this section, the following de nitions shall apply: (1) State or district attorney The term "State or district attorney" means the chief elected or appointed prosecuting attorney in a district, county (as de ned in section 2 of title 1), municipality, or comparable jurisdiction, including State attorneys general who act as chief elected or appointed prosecut- ing attorneys in a district, county (as so de ned), mu- nicipality or comparable jurisdiction, who may be re- ferred to by a variety of titles such as district attorneys, prosecuting attorneys, commonwealth's attorneys, solicitors, county attorneys, and state's attorneys, and who are responsible for the prosecution of State crimes and violations of jurisdiction-speci c local ordinances. (2) Check The term "check" has the same meaning as in section 5002(6) of title 12. (3) Bad check violation The term "bad check violation" means a violation of the applicable State criminal law relating to the writing of dishonored checks QUESTION 818. (b.4) Certain checks excluded Answer: a check for partial payment of a debt where the payee had previously accepted partial payment for such debt; QUESTION 818. (b.5) Certain checks excluded 805 (c) Ceasing communication Answer: If a consumer noti es a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— QUESTION 805. (c. 1) Ceasing communication Answer: to advise the consumer that the debt collector's further efforts are being terminated QUESTION Exceptions 805. (c. 2) Ceasing communication Answer: to notify the consumer that the debt collector or credi- tor may invoke speci ed remedies which are ordinarily invoked by such debt collector or creditor; or QUESTION Exceptions 805. (c. 3) Ceasing communication Answer: where applicable, to notify the consumer that the debt collector or creditor intends to invoke a speci ed remedy. QUESTION 805. (d.) "Consumer" defined Answer: For the purpose of this section, the term "consumer" in- cludes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. QUESTION THE FAIR DEBT COLLECTION PRACTICES ACT As amended by Answer: Pub. L. 111-203, title X, 124 Stat. 2092 (2010) QUESTION As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Debt Collection Practices Act (FDCPA) Answer: 15 U.S.C. §§ 1692-1692p QUESTION Origin Answer: U.S. Code and West's U.S. Code Annotated QUESTION 802 Answer: Congressional findings and declaration of purpose (15 USC 1692) QUESTION 802. (a) Abusive practices Answer: There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. QUESTION 802. (b) Inadequacy of laws Answer: Existing laws and procedures for redressing these injuries are inadequate to protect consumers. QUESTION 802. (c) Available non-abusive collection methods Answer: Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. (Create collections method processes) QUESTION 802. (d) Interstate commerce Answer: Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. QUESTION 802. (e) Purposes Answer: