FDCPA Communication Rules and Restrictions 2 — Questions and Answers
Question 1: A debt collector sends a collection letter to a consumer's workplace. The envelope says 'DEBT COLLECTION NOTICE.' Is this a violation?
- Yes, because it discloses to a third party that a debt is owed (Correct answer)
- No, because the envelope must identify the sender
- No, because employers have a right to know about debts
- Yes, but only if the employer opens the letter
Correct answer: Yes, because it discloses to a third party that a debt is owed
Placing language on an envelope that indicates it is a debt collection communication violates the FDCPA's prohibition on third-party disclosure.
Question 2: How many days does a debt collector have to respond after a consumer invokes their right to cease communication?
- Immediately upon receipt of the notice (Correct answer)
- Within 5 business days
- Within 30 days
- Within 10 business days
Correct answer: Immediately upon receipt of the notice
Upon receiving a cease-communication notice, the collector must stop contacting the consumer immediately, with limited exceptions.
Question 3: Which medium of communication is NOT specifically regulated by the FDCPA's original text regarding time and place restrictions?
- Text messages (Correct answer)
- Telephone calls
- In-person visits
- Written letters
Correct answer: Text messages
The FDCPA was written before text messaging existed, though the CFPB's Regulation F has since addressed electronic communications.
Question 4: Under Regulation F (CFPB's FDCPA rules), how many calls may a debt collector make to a consumer about a specific debt within a 7-day period?
- No more than 7 (Correct answer)
- No more than 3
- No more than 5
- No limit if calls are spaced out
Correct answer: No more than 7
Regulation F created a safe harbor presumption that more than 7 calls within 7 days about the same debt constitutes harassment.
Question 5: A debt collector leaves a voicemail for a consumer. Which statement must be included?
- That the call is from a debt collector (Correct answer)
- The total amount of the debt
- The name of the original creditor
- The collector's license number
Correct answer: That the call is from a debt collector
Any communication with a consumer must disclose that it is from a debt collector, including voicemail messages.
Question 6: If a consumer's telephone number is unlisted, may a debt collector obtain it from a neighbor?
- No, third-party location information must only be used to locate the consumer, not to obtain personal data indirectly (Correct answer)
- Yes, as long as the neighbor is not paid for the information
- Yes, neighbors are considered public sources
- No, collectors may only use skip-tracing services
Correct answer: No, third-party location information must only be used to locate the consumer, not to obtain personal data indirectly
The FDCPA limits third-party contacts to obtaining location information and prohibits collectors from gathering other personal data through neighbors.
FDCPA Communication Rules and Restrictions 2
A debt collector sends a collection letter to a consumer's workplace.
The envelope says 'DEBT COLLECTION NOTICE.' Is this a violation?