FDCPA Exam Questions (Guaranteed A+)

FDCPA Exam Questions (Guaranteed A+ According to the FDCPA only, in a community property state, you may speak with the consumer's spouse in connection with the collection of a debt. (T/F)? TRUE- can always speak with spouse in a community property state In a non-community property state, you may speak with the consumer's spouse in connection with the collection of a debt. (T/F)? FALSE Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:01 / 0:15 Full screen FALSE- If they are requesting validation we can't use against them in court If the consumer fails to dispute the validity of a debt, it constitutes an admission of liability that can be used against them in court. (T/F)? Per P&F requirements, when leaving a message on a consumer's answering machine you must also leave a 'mini miranda' (T/F)? TRUE If the consumer has multiple accounts that this office is collecting on, the consumer can state how they wish for their payment to be applied on those accounts (T/F)? TRUE- consumer can pay $75 on one account and pay $25 on another account After a debt collector knows that an attorney represents a consumer, the debt collector is still permitted to contact 3rd parties for the purpose of skip-tracing the consumer (T/F)? FALSE- no skip tracing if they are represented by an attorney According the FDCPA, the term communication means only verbal communications, and not written communications made directly, or indirectly, to any person. (T/F)? FALSE An attorney who represents a consumer on one P&F account can prohibit debt collection on another account that P&F is collecting on, even if the attorney does not represent the consumer on that account (T/F)? FALSE- I would need to confirm what account the attorney is on When obtaining location information for skip tracing, prior to requesting any information you are required to disclose that you are attempting to locate the consumer. (T/F)? TRUE- We don't contact 3rd parties for skip tracing. We don't call neighbors or employers for skip tracing A violation under the FDCPA is determined by applying the "Most Sophisticated Consumer" standard. (T/F)? FALSE- not a violation, so false When skip tracing, a debt collector should only give his name, unless he/she is specifically asked where they are calling from. (T/F)? TRUE- don't just offer a company name to a third party When speaking with a consumer, the collector must always identify himself, and that they are actually a debt collector, or representative of a debt collection company, before continuing the conversation. (T/F)? TRUE If a debt collector learns from the consumer that they are represented by an attorney in connection with this debt, the debt collector can only communicate with the attorney, unless the attorney gives permission to speak with the consumer. (T/F)? TRUE Placing calls, and making contact with the consumer without revealing the collector's identity is a violation of FDCPA. (T/F)? TRUE It is okay to refer to the consumer as a defendant before a lawsuit is filed. (T/F)? FALSE- We don't call CNS a defendant while on the phone. Just call them by their name. Contacting a consumer's creditor (not the one holding the account P&F is collecting on) to obtain banking information on the consumer is not a violation of FDCPA. (T/F)? FALSE- When skip tracing we don't want to actually contact their banking institution It is a violation of FDCPA to try to collect a debt after the consumer has timely disputed the account either orally, or in writing and before P&F has verified the debt. (T/F)? TRUE- for new placement, 45 day validation (to dispute debt) Under P&F policy, a verbal C&D will be honored. (T/F)? TRUE- A request for verification of a debt must be in writing. (T/F)? FALSE- can be accepted over the phone You have just settled an account with a consumer and see that the following day there is a court hearing. As a courtesy you can tell the consumer that they do not have to go to that hearing. (T/F)? FALSE- let the CNS know you can't tell them or give them legal advice on what to do about summons or hearing. We won't continue with litigation process if they make payments What is the regulatory agency in which oversees the FDCPA? Federal Trade Commission (FTC) When skip tracing , the employer of the consumer may be contacted how many times by the collector? Once, unless the collector believes the employer has more correct or complete information AND never, if the collector knows, or should know, the consumer is represented by an attorney Can a collector contact a consumer at his place of employment? Yes, unless the collector knows or should know that it is not convenient for the consumer; Yes, unless it is prohibited in that particular state; Yes, unless the collector knows or should know the consumer is represented by an attorney When a consumer claims that he/she has been a victim of identity theft or fraud: The account representative must notate the account; We must stop all collection activity while the investigation is going on If the receptionist at a consumer's place of employment advised you not to call the consumer at work you should: Place a cease and desist on the work number, and discontinue calling the place of employment Which would be considered third parties in a community property state under the FDCPA? A mortgage company calling to settle an account; the consumer's daughter who states she made the charges on the account If your first communication is in a language other than English, you must? Notify your team lead so new dunning letter can be sent out; transfer the call to a collector who speaks that language; notate the file If a collector realizes that a consumer has hired an attorney to handle the debt, the collector must: Cease communicating with the consumer and deal with the attorney instead. Update all the attorney information in Cogent Under the FDCPA, a collector may communicate information about a consumer's debt to all of the following people: Spouse; consumer attorney; credit reporting agency; a relative with whom you have been given verbal permission by the consumer to speak to As a general rule, as long as it is not inconvenient to the consumer, collection calls may be made within what hours? 8 am to 9 pm local time of the consumer A debt collector's response to a written "cease communications" notice from the consumer may include the following except: To make a final demand for payment from the consumer For the purposes of P&F , the Statute of Limitations period that we use in CA is? 4 years from the later of the most recent actual payment or actual charge If the statue of Limitations has run out We can take phone calls from the consumer and accept what the consumer is willing to pay if the client authorizes it When must P&F Account Representative check to make sure that the Statute of Limitations has not run out Whenever they receive an account as "new business"; whenever they receive an account through a "queue-roll"; whenever you are in an account Without a cease and desist on the account or an attorney representing the debtor, how often may a collector communicate with a consumer? (Under the FDCPA) Once every seven days; once after notice is sent or payment is received; as often as needed, as long as the contacts are not harassing to the consumer Under the provisions of the FDCPA what is prohibited? failing to disclose to the consumer that you are a debt collector; verifying the employment of a consumer who you know is represented by an attorney; falsely representing or implying that you are a debt collector who is employed by a consumer- reporting agency Identify which of the following word(s) or statements communicated to a consumer would constitute an abusive collection practice, and a violation of the FDCPA deadbeat; dishonest; loser; liar; debtor If there is a conflict between state and federal laws, which is used? the laws that give the consumer the most protection The "mini miranda" must be made in the initial communication with the consumer. How would you say it to the consumer? I am a debt collector, not an attorney. This call is an attempt to collect a debt and any information obtained will be used for that purpose What message should be left when a debt collector leaves a message on a consumer's answering machine? Foti message What statements would constitute a fraud claim? "My identity was stolen and I did not apply for that credit card" and "that was my credit card but half of the balance was charged illegally after the card was stolen