FDCPA Cheat Sheet 2026
The 30 highest-yield FDCPA facts, distilled from real exam questions. Print it, save it as a PDF, or study it here β free, no sign-up.
80 questions
90 min time limit
75.00% to pass
- What happens if a consumer's attorney is known to the debt collector? β The collector must communicate with the attorney, not the consumer
- How many times may a debt collector contact a single third party to obtain location information about a consumer? β Only once, unless the third party has additional relevant information
- The FDCPA mini-Miranda disclosure is required in which types of communications with consumers? β Both oral and written communications
- Under the FDCPA, actual damages can include which of the following? β Out-of-pocket losses and emotional distress
- The FTC historically enforced the FDCPA. After the Dodd-Frank Act, what role does the FTC play? β The FTC retains enforcement authority but shares it with the CFPB
- A student loan servicer services federal student loans that were never in default. Is the servicer a debt collector under the FDCPA? β No, servicers who acquire non-defaulted loans are not debt collectors
- Can a debt collector be held liable for an FDCPA violation even if it did not know its conduct violated the law? β Yes, FDCPA liability is generally strict for most violations
- Under the FDCPA, 'location information' is defined as the consumer's: β Home address, home telephone number, and place of employment
- A plumber claims a homeowner owes $2,000 for repairs. The plumber hires a collection agency. Who is the 'debt collector' under the FDCPA? β The collection agency, because it collects debts owed to another
- Under the FDCPA, when is a debt collector prohibited from contacting a consumer? β Before 8 AM and after 9 PM in the consumerβs time zone
- A debt collector collects debts incurred for business purposes. Which law is most likely to apply instead of the FDCPA? β State commercial debt collection laws or the UCC
- Which of the following third-party contacts is generally PERMITTED under the FDCPA? β Contacting the consumer's attorney if the consumer has legal representation
- What name may a debt collector use when identifying themselves to a third party? β Their individual name or the collector's true business name
- Can a debt collector send a consumer an email about a debt? β Yes, subject to Regulation F requirements including opt-out mechanisms
- Which best describes what the FDCPA validation notice must state regarding the assumption of debt validity? β That if not disputed within 30 days, the debt collector will assume the debt is valid
- After winning an FDCPA case, the consumer's attorney requests $20,000 in fees for 40 hours of work. The court may award: β Reasonable fees based on the lodestar method (hours Γ reasonable hourly rate)
- A mortgage servicer begins servicing a loan that was already in default when the servicer acquired it. Is the servicer a debt collector? β Yes, servicers who acquire defaulted loans are treated as debt collectors
- Under the FDCPA, debt collectors are prohibited from using which of the following practices? β Using threats of violence or harm.
- In a class action FDCPA lawsuit, what is the maximum statutory damages award? β $500,000 or 1% of the collector's net worth, whichever is less
- Under Regulation F, a debt collector who contacts a consumer via social media must: β Allow the consumer to opt out and use a private message rather than a public post
- Which of the following is NOT an affirmative defense available to a debt collector under the FDCPA? β The consumer's debt was legitimately owed
- A debt collector calls a consumer's cell phone using an auto-dialer. Which federal law, in addition to the FDCPA, may apply? β Telephone Consumer Protection Act (TCPA)
- What happens to all collection activities after a consumer sends a timely written dispute within the 30-day period? β They must completely cease until verification is obtained and mailed to the consumer
- Which of the following debts is NOT covered by the FDCPA? β A business owner's commercial line of credit used solely for business
- Which of the following is NOT required to be included in the FDCPA written validation notice? β The consumer's current credit score
- A collector actually files suit on a time-barred debt. Is this an FDCPA violation? β Yes, filing suit on a time-barred debt without disclosing this fact violates the FDCPA
- What is the legal consequence if a debt collector's subsequent communication 'overshadows' the validation notice? β It constitutes a violation of the FDCPA
- it is false and/or misleading to imply to a consumer that: β They may be arrested or imprisoned for nonpayment of a debt.
- A collector obtains a default judgment against a consumer. May the collector immediately garnish the consumer's wages? β Only if the judgment is valid and garnishment is permitted by state law
- Within how many days of the initial communication must a debt collector send a written validation notice if it was not included in the initial communication? β 5 days
Turn these facts into recall: