Fair Debt Collections PrACTices ACT (FDCPA) Exam

44 Questions
FDCPA Quizzes & Trivia
Sample Question

What is the purpose of the FDCPA?

To force consumer to pay outstanding debts utilizing threats, violence, obscene language, and by causing their telephone to ring repeatedly.

To allow debt collectors to collect outstanding debts by threatening arrest or imprisonment of any person accused of nonpayment.

To eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusing debt collection practices are not disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

None of the above

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Questions and Answers
  • 1. 
    • A. 

      To force consumer to pay outstanding debts utilizing threats, violence, obscene language, and by causing their telephone to ring repeatedly.

    • B. 

      To allow debt collectors to collect outstanding debts by threatening arrest or imprisonment of any person accused of nonpayment.

    • C. 

      To eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusing debt collection practices are not disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

    • D. 

      None of the above

  • 2. 
    What is the definition of a “consumer”?
    • A. 

      A person attempting to service legal process on another person.

    • B. 

      A person obligated or allegedly obligated to pay any debt.

    • C. 

      Any person acting as a debt collector.

    • D. 

      An employee of a consumer reporting agency.

  • 3. 
    What is the definition of a “creditor”?
    • A. 

      Any person who offers or extends credit creating a debt or to whom a debt is owed.

    • B. 

      A person obligated or allegedly obligated to pay any debt.

    • C. 

      Any person acting as a debt collector.

    • D. 

      A person attempting to service legal process on another person.

  • 4. 
    What is the definition of a “debt”?
    • A. 

      A deduction of earned wages for repayment of an outstanding judgment.

    • B. 

      Any obligation or alleged obligation of a consumer to pay money arising out of a transaction for personal, family, or household purposes.

    • C. 

      A property lien or seizure of assets for repayment of an outstanding judgment.

    • D. 

      A garnishment of funds from a bank account for repayment of an outstanding judgment.

  • 5. 
    • A. 

      A consumer’s employment address.

    • B. 

      A consumer’s contact information.

    • C. 

      A consumer’s residential address.

    • D. 

      A consumer’s place of abode and his telephone number at such place, or his place of employment.

  • 6. 
    • A. 

      Inform the third party that you are calling from a debt collection office.

    • B. 

      Inform the third party that the debtor has an outstanding debt.

    • C. 

      Reveal the creditor’s name and the debt amount.

    • D. 

      None of the above

  • 7. 
    When speaking with a third party, a debt collector must:
    • A. 

      Identify yourself, but not your company, unless specifically asked.

    • B. 

      Inform the third party that you are trying to locate the debtor or are verifying location information.

    • C. 

      Not mention that the debtor owes any of the money.

    • D. 

      If asked, simply state that you have personal business with the debtor.

    • E. 

      All of the above.

  • 8. 
    When is it permissible to communicate with a consumer via post card?
    • A. 

      After a debtor has submitted a cease and desist letter.

    • B. 

      After a debtor has disputed the debt in question.

    • C. 

      It is never permissible.

    • D. 

      After the debtor has agreed to a payment plan.

  • 9. 
    When is it permissible to communicate with a third party more than once?
    • A. 

      When the third party requests a call back.

    • B. 

      The debt collector believes that the third parties’ earlier response is erroneous.

    • C. 

      The third party now has correct and complete location information.

    • D. 

      All of the above.

  • 10. 
    The standard times you are allowed to call a consumer are between 8 a.m. and 9 p.m., or at a time that has been determined to be convenient to the consumer.
    • A. 

      True

    • B. 

      False

  • 11. 
    If you learn that a consumer works a night shift, you:
    • A. 

      Should not attempt to collect on this account.

    • B. 

      Should only call early in the morning, when the consumer is probably returning home from his shift.

    • C. 

      Should only contact the consumer anytime between 8:00 a.m. and 9:00 p.m.

    • D. 

      Should find out when it’s more convenient to contact the consumer and call back during that time frame.

  • 12. 
    Under what conditions may a debt collector make direct contact with a consumer after being advised that the consumer is represented by an attorney?
    • A. 

      The attorney fails to respond within a reasonable period of time.

    • B. 

      Prior consent from the attorney.

    • C. 

      Permission from the court.

    • D. 

      All of the above.

  • 13. 
    You are permitted to call a consumer at his/her place of employment if:
    • A. 

      The debt he/she owes is disputed.

    • B. 

      You have no reason to believe that the consumer’s employer does not permit such phone calls.

    • C. 

      Never.

    • D. 

      None of the above.

  • 14. 
    When a consumer notifies a company, agency, or law firm in writing, to cease communication concerning a debt, we may contact the consumer to advise that our collections efforts are being terminated.
    • A. 

      True

    • B. 

      False

  • 15. 
    The term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
    • A. 

      True

    • B. 

      False

  • 16. 
    A debt collector is allowed to use tactics that harass, oppress, or abuse a consumer or person in order to collect a debt.
    • A. 

      True

    • B. 

      False

  • 17. 
    Debt collectors are trained to use which of the following methods when collecting a debt:
    • A. 

      The use or threat of violence.

    • B. 

      The use of obscene or profane language.

    • C. 

      Publish a list of consumers who allegedly refuse to pay debts.

    • D. 

      Advertise the sale of an existing debt to coerce payment.

    • E. 

      Cause a telephone to ring repeatedly or continuously.

    • F. 

      Refusal to disclose the caller’s identity when speaking directly to a consumer.

    • G. 

      None of the above.

  • 18. 
    Debt collectors may introduce themselves as, or imply, that they are an attorney.
    • A. 

      True

    • B. 

      False

  • 19. 
    A collector may change his/her own name every time they communicate with a consumer.
    • A. 

      True

    • B. 

      False

  • 20. 
    It is false and/or misleading to imply to a consumer that:
    • A. 

      They may be arrested or imprisoned for nonpayment of a debt.

    • B. 

      You, the debt collector, are contacting the consumer in an attempt to assist with the arrangement of a payment plan.

    • C. 

      The debt collection firm is working with or for the creditor.

    • D. 

      None of the above.

  • 21. 
    Regarding postdated checks, it is unfair practice to:
    • A. 

      Deposit the check prior to the date indicated.

    • B. 

      Threaten to deposit the check prior to the date indicated.

    • C. 

      Threaten criminal action if the check is returned for insufficient funds.

    • D. 

      All of the above.

  • 22. 
    You have five days to inform the debtor in writing after an initial contact that you have a claim.
    • A. 

      True

    • B. 

      False

  • 23. 
    If the consumer notifies the debt collector in writing within the initial 30-day period that the debt is disputed, the debt collector must:
    • A. 

      Continue collections activity on the account.

    • B. 

      Provide the consumer with written verification of the debt.

    • C. 

      Request an advance-dated check be sent to us as a security deposit until the dispute has been clarified.

    • D. 

      All of the above.

  • 24. 
    A debt collector that fails to comply with any provision of the FDCPA with respect to any person may be liable to that person in an amount equal to the sum of:
    • A. 

      Additional damages up to $500 and a public apology.

    • B. 

      A reverse judgment entered against the debt collector.

    • C. 

      Civil lawsuit for damages sustained, additional damages up to $1,000, and/or court fees and attorney fees.

    • D. 

      All of the above

  • 25. 
    In the Section below, indicate if the following actions are a violation of the FDCPA. Circle “True” if the action is a violation; circle “False” if the action is not a violation.
  • 26. 
    Informing an unauthorized third party that a consumer owes a debt.
    • A. 

      True

    • B. 

      False

  • 27. 
    Calling a nearby (neighbor) back if the original information he/she provided was inaccurate.
    • A. 

      True

    • B. 

      False

  • 28. 
    Indicate on an envelope to a consumer, “payment overdue – remit at once”.
    • A. 

      True

    • B. 

      False

  • 29. 
    Disclosing the name of your employer if expressly requested by a third party.
    • A. 

      True

    • B. 

      False

  • 30. 
    Calling a consumer at 8:00 a.m. in their time zone.
    • A. 

      True

    • B. 

      False

  • 31. 
    Contacting a consumer at their place of employment after being advised by the consumer that their employer prohibits this type of communication.
    • A. 

      True

    • B. 

      False

  • 32. 
    Discussing a debt with a consumer’s spouse.
    • A. 

      True

    • B. 

      False

  • 33. 
    Obscene language or profanity.
    • A. 

      True

    • B. 

      False

  • 34. 
    Continually interrupting or badgering the consumer when he/she is trying to answer questions.
    • A. 

      True

    • B. 

      False

  • 35. 
    Calling a person once between the hours of 8:00 am – 9:00 pm in their time zone.
    • A. 

      True

    • B. 

      False

  • 36. 
    Causing a person’s phone to ring repeatedly or continuously for the purpose of annoying them.
    • A. 

      True

    • B. 

      False

  • 37. 
    Threatening violence or any action that would harm a person or their reputation.
    • A. 

      True

    • B. 

      False

  • 38. 
    Threatening the consumer with a lawsuit when you know that this is not true.
    • A. 

      True

    • B. 

      False

  • 39. 
    Attempting to collect the correct amount of the debt.
    • A. 

      True

    • B. 

      False

  • 40. 
    Telling a consumer you intend to have them arrested or incarcerated for non- payment.
    • A. 

      True

    • B. 

      False

  • 41. 
    Indicating to a debtor that you are compiling information for credit bureau.
    • A. 

      True

    • B. 

      False

  • 42. 
    Not using any false, deceptive, or misleading means to collect a debt.
    • A. 

      True

    • B. 

      False

  • 43. 
    Sending the consumer a letter in an envelope that has no debt collection language or symbol, rather than a postcard, regarding the debt owed.
    • A. 

      True

    • B. 

      False

  • 44. 
    Threatening to deposit a post dated check early.
    • A. 

      True

    • B. 

      False

  • 45. 
    The use of unfair or unconscionable means to collect or attempt to collect a debt.
    • A. 

      True

    • B. 

      False