FDCPA Communication Rules and Restrictions 1 — Questions and Answers
Question 1: Under the FDCPA, during what hours may a debt collector contact a consumer by telephone without prior consent?
- 8 a.m. to 9 p.m. local time (Correct answer)
- 7 a.m. to 10 p.m. local time
- 9 a.m. to 8 p.m. local time
- 6 a.m. to 9 p.m. local time
Correct answer: 8 a.m. to 9 p.m. local time
The FDCPA restricts debt collector calls to between 8 a.m. and 9 p.m. in the consumer's local time zone.
Question 2: If a consumer notifies a debt collector in writing that they refuse to pay a debt, what must the collector do?
- Cease all further communication (Correct answer)
- Continue calling but stop sending letters
- Refer the matter to an attorney
- Report the refusal to the credit bureau
Correct answer: Cease all further communication
Upon written refusal to pay, the FDCPA requires the collector to cease all further communication except to notify the consumer of specific actions.
Question 3: Which of the following is a permissible reason for a debt collector to contact a consumer after receiving a cease-communication request?
- To advise that further collection efforts are being terminated (Correct answer)
- To negotiate a settlement offer
- To request updated contact information
- To inform the consumer of a new balance
Correct answer: To advise that further collection efforts are being terminated
After a cease-communication request, a collector may only contact the consumer to advise that collection efforts are ending or to notify of a specific remedy.
Question 4: What happens if a consumer's attorney is known to the debt collector?
- The collector must communicate with the attorney, not the consumer (Correct answer)
- The collector may contact both the consumer and attorney
- The collector must send a written notice to the attorney only
- The collector must stop all collection activity
Correct answer: The collector must communicate with the attorney, not the consumer
Once a collector knows the consumer is represented by an attorney, all communications must go through that attorney.
Question 5: Can a debt collector contact a consumer at their place of employment?
- Only if the collector has no reason to know that employer prohibits such calls (Correct answer)
- Yes, at any time during business hours
- No, workplace contact is always prohibited
- Only with the consumer's written permission
Correct answer: Only if the collector has no reason to know that employer prohibits such calls
Workplace contact is permitted unless the collector knows or has reason to know that the employer prohibits such communications.
Question 6: Under FDCPA, a 'communication' is defined as conveying information regarding a debt directly or indirectly to whom?
- Any person through any medium (Correct answer)
- Only the consumer via telephone
- Only the consumer via written mail
- The consumer's employer or attorney
Correct answer: Any person through any medium
The FDCPA broadly defines 'communication' as conveying information about a debt to any person through any medium.
FDCPA Communication Rules and Restrictions 1
Under the FDCPA, during what hours may a debt collector contact a consumer by telephone without prior consent?