FDCPA Test - II Attempt
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FDCPA TEST FOR COLLECTORS
- 1.
Wich of the following is the primary law that regulates debt collecting?
- A.
FCRA
- B.
FDCPA
- C.
FDPCA
- D.
FICO
- E.
FCBA
Correct Answer
B. FDCPAExplanation
The primary law that regulates debt collecting is the Fair Debt Collection Practices Act (FDCPA). This law was enacted to protect consumers from abusive and unfair debt collection practices. It sets guidelines for debt collectors, such as prohibiting harassment, false statements, and unfair practices. The FDCPA also gives consumers the right to dispute and request validation of debts. Overall, the FDCPA ensures that debt collectors act ethically and responsibly when collecting debts from consumers.Rate this question:
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- 2.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a consumer debt or requests the debt collector cease communicating with the consumer, the debt collector must stop contacting the consumer.
- A.
TRUE
- B.
FALSE
Correct Answer
A. TRUEExplanation
If a consumer notifies a debt collector in writing that they refuse to pay a consumer debt or requests the debt collector to stop communicating with them, the debt collector is legally obligated to cease contacting the consumer. This is in accordance with the Fair Debt Collection Practices Act (FDCPA), which grants consumers certain rights and protections against harassment or unfair practices by debt collectors. Therefore, the statement is true.Rate this question:
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- 3.
Acording to the FDCPA, a debt collector may not use abusive or obscene language.
- A.
TRUE
- B.
FALSE
Correct Answer
A. TRUEExplanation
According to the Fair Debt Collection Practices Act (FDCPA), it is indeed true that a debt collector is prohibited from using abusive or obscene language. This legislation was put in place to protect consumers from harassment or unfair treatment by debt collectors. The FDCPA sets guidelines and standards for debt collectors to ensure that they communicate with debtors in a respectful and professional manner. Using abusive or obscene language would be a violation of these guidelines and could result in legal consequences for the debt collector.Rate this question:
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- 4.
A debt collector may telephone a consumer about a consumer debt at the consumers place of employment after the consumer tells the debt collector he cannot receive such telephone calls.
- A.
IF THE CONSUMER FAILS TO FOLLOW UP SUCH REQUEST WITH A LETTER
- B.
IF THE DEBT COLLECTOR HAS NO OTHER CONTACT INFORMATION EVEN AFTER MAKING A REASONABLE EFFORT TO OBTAIN ANOTHER PHONE NUMBER
- C.
IF THE CONSUMER WORKS BETWEEN 8:00AM AND 9:00PM
- D.
IF THE DEBT COLLECTOR TELEPHONES THE EMPLOYER FIRST AND GETS PERMISSION
- E.
NEVER
Correct Answer
E. NEVERExplanation
The correct answer is "NEVER" because regardless of the circumstances, a debt collector is not allowed to contact a consumer about a consumer debt at their place of employment after the consumer has explicitly stated that they cannot receive such telephone calls. This is in accordance with the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from engaging in certain abusive and harassing practices.Rate this question:
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- 5.
A debt collector may normally discuss a consumer debt only with the consumer and the following people.
- A.
AN ATTORNEY
- B.
THE CONSUMER'S PARENTS, IF THE PARENTS LIVE WITH THE CONSUMER
- C.
THE CONSUMER'S CHILDREN IF THEY ARE OVER 18 YEARS OF AGE
- D.
A PERSON THAT THE CONSUMER HAS LISTED AS A "CONTACT" ON THE CONTRACT THAT CREATED THE DEBT
- E.
NONE OF THE ABOVE
Correct Answer
E. NONE OF THE ABOVEExplanation
A debt collector may normally discuss a consumer debt only with the consumer and the following people. This means that the debt collector is not allowed to discuss the debt with an attorney, the consumer's parents (if they live with the consumer), the consumer's children (if they are over 18 years of age), or a person listed as a "contact" on the contract that created the debt. Therefore, the correct answer is "NONE OF THE ABOVE."Rate this question:
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- 6.
The following is commonly called the "mini-miranda" pursuant to 15 U.S.C. 1692e(11).
- A.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT PURPUSE
- B.
I AM A DEBT COLLECTOR, AND YOU HAVE THE RIGHT TO NOT SPEAK WITH ME IF YOU CHOOSE
- C.
I WANT TO ADVISE YOU THIS CALL MAY BE RECORDED OR MONITORED
- D.
THIS IS AN ATTEMPT TO COLLECT A DEBT,
- E.
NONE OF THE ABOVE
Correct Answer
A. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT PURPUSEExplanation
The correct answer is "THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE." This statement is commonly referred to as the "mini-miranda" because it is required by law under 15 U.S.C. 1692e(11) for debt collectors to inform individuals that they are attempting to collect a debt and any information provided will be used for that purpose. This disclosure is meant to ensure transparency and inform individuals of their rights when dealing with debt collectors.Rate this question:
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- 7.
If a debt collector calls a third party, that may not be a violation of the FDCPA, (Choose the best answer.)
- A.
ALWAYS TRUE
- B.
ALWAYS FALSE
- C.
TRUE, AS LONG AS THE DEBT COLLECTOR NEVER DISCLOSES THE NAME OF HIS COMPANY.
- D.
TRUE, AS LONG AS THE DEBT COLLECTOR NEVER DISCLOSES THAT THE CONSUMER OWES A DEBT.
- E.
TRUE, AS LONG AS THE DEBT COLLECTOR IS UNABLE TO CONTACT THE CONSUMER ANY OTHER WAY
Correct Answer
D. TRUE, AS LONG AS THE DEBT COLLECTOR NEVER DISCLOSES THAT THE CONSUMER OWES A DEBT.Explanation
If a debt collector calls a third party and does not disclose that the consumer owes a debt, it may not be a violation of the FDCPA. This is because the FDCPA prohibits debt collectors from disclosing a consumer's debt to third parties without the consumer's consent. However, if the debt collector discloses the consumer's debt to the third party, it would be a violation of the FDCPA. Therefore, the statement "TRUE, AS LONG AS THE DEBT COLLECTOR NEVER DISCLOSES THAT THE CONSUMER OWES A DEBT" is the correct answer.Rate this question:
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- 8.
With regard to debt collection, Congress has found what?
- A.
ABUSIVE DEBT COLLECTION LEADS TO MARITAL INSTABILITY
- B.
ABUSIVE DEBT COLLECTION LEADS TO BANKRUPTCY
- C.
ABUSIVE DEBT COLLECTION LEADS TO INVASSION OF PRIVACY
- D.
NONE OF THE ABOVE
- E.
ALL OF THE ABOVE
Correct Answer
E. ALL OF THE ABOVEExplanation
Congress has found that abusive debt collection leads to marital instability, bankruptcy, and invasion of privacy. This suggests that Congress has recognized the negative consequences that can arise from aggressive and abusive debt collection practices, which can impact individuals' personal relationships, financial stability, and privacy rights.Rate this question:
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- 9.
Under the FDCPA, you can only be awarded up to $1000.00 in damages
- A.
TRUE
- B.
FALSE
Correct Answer
B. FALSEExplanation
The statement "Under the FDCPA, you can only be awarded up to $1000.00 in damages" is false. The Fair Debt Collection Practices Act (FDCPA) sets guidelines for debt collection practices and provides protection to consumers. While the FDCPA does allow for damages to be awarded to consumers who have been subjected to unfair or deceptive debt collection practices, there is no specific limit of $1000.00. The amount of damages that can be awarded may vary depending on the specific circumstances of the case.Rate this question:
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- 10.
In good faith, you bring a lawsuit against an abusive debt collector.
- A.
IF YOU LOSE YOU WILL HAVE TO PAY THE DEBT COLLECTOR'S ATTORNEY FEES AND/OR COST
- B.
EVEN IF YOU WIN YOU WILL STILL HAVE TO PAY YOUR ATTORNEY FEES, SO THERE IS LITTLE POINT TO DO SO
- C.
IF YOU WIN, YOU ARE NO LONGER RESPONSIBLE FOR ANY VALID DEBT.
- D.
ALL OF THE ABOVE
- E.
NONE OF THE ABOVE
Correct Answer
E. NONE OF THE ABOVEExplanation
The correct answer is "NONE OF THE ABOVE" because the statement "IF YOU WIN, YOU ARE NO LONGER RESPONSIBLE FOR ANY VALID DEBT" is not accurate. Winning a lawsuit against an abusive debt collector does not automatically eliminate the responsibility for a valid debt. It may provide legal recourse against the debt collector's abusive practices, but the debt itself would still need to be addressed. Additionally, the other statements about attorney fees are not relevant to the question of being responsible for a valid debt.Rate this question:
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Apr 12, 2024Quiz Edited by
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Nov 30, 2016Quiz Created by
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