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Bankruptcy Exam Review(updated already passed) FDCPA
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Bankruptcy Exam Review(updated already passed) FDCPA
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Bankruptcy Exam Review(updatedalready passed) FDCPA
Mnemonic for Application of the FDCPA - correct answer ✔✔*D*ebt collector
*C*ollecting
*C*onsumers'
*C*onsumer
*D*ebts
"Debt Collector" Definition (FDCPA) - correct answer ✔✔Those who are in the debt collection business
or who regularly collect debts owed to others.
- applies to attorneys who regularly sue on behalf of CRs to collect consumer debts because they
regularly try to obtain payment of a consumer debt through legal proceedings.
*Not:*
- a CR who is attempting to collect its own debt.
- an entity that purchases debts and then tries to collect those purchased debts
"Debt" (FDCPA) - correct answer ✔✔The debt must be a consumer debt, or one that is for personal,
family, or household purposes.
- Corporate or partnership DRs do not qualify for protection.
- Even if the DR is a natural person, the FDCPA will not apply if the debt was incurred for business
purposes.
"Consumer" (FDCPA) - correct answer ✔✔The DR must be a "natural person," or human being.
FDCPA Violations Mnemonic - correct answer ✔✔A WRITTEN C
FDCPA Violations - correct answer ✔✔*A*ttorney Representation
*W*ritten Validation Notice
, *R*epeated calls
*I*nconvenient Time
*T*hird person
*T*hreats
*E*mployment
*N*asty or Obscene Language
*C*ease Notice
*A*ttorney Representation (FDCPA Violations) - correct answer ✔✔DC may not communicate with
debtor if DC knows debtor is represented by an attorney with respect to debt.
*W*ritten Validation Notice (FDCPA Violations) - correct answer ✔✔DC must send a sufficient "written
validation notice"
- within 5 days of initial communication, and
- the notice must (among other things) give DR 30 days to dispute the debt and obtain verification
*R*epeated calls (FDCPA Violations) - correct answer ✔✔DC is prohibited from "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."
*I*nconvenient Time (FDCPA Violations) - correct answer ✔✔DC may not contact a debtor at an
inconvenient time.
Presumption that any time before 8 am or after 9 pm is inconvenient.
*T*hird person (FDCPA Violations) - correct answer ✔✔DC cannot communicate with a 3rd person "in
connection with the collection of any debt" without the debtor's prior consent.
*T*hreats (FDCPA Violations) - correct answer ✔✔DC cannot threaten to do:
(1) what it does not have the legal right to do, or
(2) what it does not INTEND to do, even if legal.
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