FDCPA Communication Rules and Restrictions 2

Question 1

A debt collector sends a collection letter to a consumer's workplace. The envelope says 'DEBT COLLECTION NOTICE.' Is this a violation?

Accepted Answer

Yes, because it discloses to a third party that a debt is owed

Answer

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?

Accepted Answer

Immediately upon receipt of the notice

Answer

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?

Accepted Answer

Text messages

Answer

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?

Accepted Answer

No more than 7

Answer

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?

Accepted Answer

That the call is from a debt collector

Answer

Any communication with a consumer must disclose that it is from a debt collector, including voicemail messages.

FDCPA - Fair Debt Collection Practices Act Practice Test