FDCPA Certification Exam — Questions and Answers

Question 1: What name may a debt collector use when identifying themselves to a third party?

Any alias that does not mislead
Their name and title within the company
Only the name of the original creditor
Their individual name or the collector's true business name (Correct answer)

Correct answer: Their individual name or the collector's true business name

Collectors must use their true individual name or their employer's true business name when identifying themselves, not aliases.

Question 2: A collection agency collects unpaid utility bills for a municipal water authority. Is the agency a debt collector under the FDCPA?

Yes, but only if the utility bills are over $1,000
No, utilities are not consumer debts
No, government entities and their agents are exempt
Yes, because it regularly collects debts owed to another (Correct answer)

Correct answer: Yes, because it regularly collects debts owed to another

A private collection agency collecting consumer debts on behalf of a government entity is a debt collector — the government exemption covers government employees, not private collectors.

Question 3: Under the FDCPA, debt collectors are prohibited from using which of the following practices?

Reporting unpaid debts to credit bureaus
Offering settlement options.
Using threats of violence or harm. (Correct answer)
Sending written notices about the debt.

Correct answer: Using threats of violence or harm.

The FDCPA explicitly prohibits debt collectors from engaging in any conduct that is intended to harass, oppress, or abuse any person. This includes using or threatening to use violence or other criminal means to harm the physical person, reputation, or property of any individual, making such threats a clear violation of the Act.

Question 4: If a consumer's telephone number is unlisted, may a debt collector obtain it from a neighbor?

No, collectors may only use skip-tracing services
No, third-party location information must only be used to locate the consumer, not to obtain personal data indirectly (Correct answer)
Yes, neighbors are considered public sources
Yes, as long as the neighbor is not paid for the information

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.

Question 5: A debt collector violates the FDCPA. The collector's defense is that it relied in good faith on FTC guidance. Is this a valid defense?

Yes, relying on FTC formal guidance can serve as a defense (Correct answer)
Yes, any government guidance eliminates liability
No, ignorance of the law is never a defense under the FDCPA
No, only court decisions can serve as a defense

Correct answer: Yes, relying on FTC formal guidance can serve as a defense

The FDCPA provides a defense when a violation results from reliance on official FTC advisory opinions or formal guidance.

Question 6: A mortgage servicer begins servicing a loan that was already in default when the servicer acquired it. Is the servicer a debt collector?

Yes, but only for the first 90 days of servicing
No, servicers are creditors because they hold the loan
No, mortgage servicers are never debt collectors under the FDCPA
Yes, servicers who acquire defaulted loans are treated as debt collectors (Correct answer)

Correct answer: Yes, servicers who acquire defaulted loans are treated as debt collectors

A mortgage servicer who acquires a loan already in default is a debt collector for purposes of the FDCPA.

Question 7: A debt collector contacts the consumer's neighbor to find out where the consumer works. Is this permitted?

Yes, but only to obtain location information, not employment details for garnishment purposes (Correct answer)
Yes, without any restrictions on what may be asked
No, neighbors may never be contacted under any circumstances
Yes, employment information is considered location information

Correct answer: Yes, but only to obtain location information, not employment details for garnishment purposes

Contacting neighbors is permitted only to confirm or correct location (address) information, not to gather workplace details for garnishment.

Question 8: A debt collector collects debts incurred for business purposes. Which law is most likely to apply instead of the FDCPA?

The Truth in Lending Act (TILA)
The Fair Credit Reporting Act (FCRA)
The Gramm-Leach-Bliley Act (GLBA)
State commercial debt collection laws or the UCC (Correct answer)

Correct answer: State commercial debt collection laws or the UCC

Business debt collection is governed by state commercial laws (and sometimes the UCC) rather than the FDCPA, which is limited to consumer debts.

Question 9: Can a debt collector threaten to sue a consumer on a debt that is past the statute of limitations?

No, only if the consumer requests validation first
Yes, the threat is legal even if suit cannot be filed
No, threatening to sue on time-barred debt is an FDCPA violation (Correct answer)
Yes, if the collector discloses the debt is time-barred

Correct answer: No, threatening to sue on time-barred debt is an FDCPA violation

Threatening legal action the collector cannot legally take — such as suing on a time-barred debt — is a false and deceptive practice under the FDCPA.

Question 10: Which of the following third-party contacts is generally PERMITTED under the FDCPA?

Contacting the consumer's attorney if the consumer has legal representation (Correct answer)
Contacting neighbors to disclose that the consumer owes a debt
Contacting creditors to report the consumer's refusal to pay
Contacting the consumer's employer to verify wages for garnishment

Correct answer: Contacting the consumer's attorney if the consumer has legal representation

When a consumer is represented by an attorney, the collector must direct all communications to the attorney, making attorney contact permissible.

Question 11: What is the definition of a "consumer"?

A person attempting to service legal process on another person.
An employee of a consumer reporting agency.
Any person acting as a debt collector.
A person obligated or allegedly obligated to pay any debt. (Correct answer)

Correct answer: A person obligated or allegedly obligated to pay any debt.

The Fair Debt Collection Practices Act (FDCPA) defines a 'consumer' as any natural person obligated or allegedly obligated to pay any debt. This definition is fundamental to the Act, as it specifies the individuals who are protected by its provisions against abusive and unfair debt collection practices.

Question 12: A debt collector commits multiple FDCPA violations in a single collection letter. How many separate lawsuits can the consumer file?

One per violation contained in the letter
One lawsuit covering all violations in the letter (Correct answer)
Unlimited suits as long as filed within one year
One per type of violation regardless of frequency

Correct answer: One lawsuit covering all violations in the letter

Multiple violations arising from a single communication are generally treated as one cause of action in a single lawsuit, not separate suits.

Question 13: A collector discovers the consumer's correct address on the first call to a neighbor. May the collector call the same neighbor again?

No, once location information is obtained the collector may not contact that third party again (Correct answer)
Only if the consumer moves again
Yes, up to three more times
Yes, to confirm the address is still current

Correct answer: No, once location information is obtained the collector may not contact that third party again

Once the collector has the location information needed, further contact with the same third party is prohibited.

Question 14: How many times may a debt collector contact a single third party to obtain location information about a consumer?

Twice per month maximum
Only once, unless the third party has additional relevant information (Correct answer)
Once per quarter
As many times as necessary

Correct answer: Only once, unless the third party has additional relevant information

The FDCPA limits third-party location contacts to one contact per third party unless that person provides reason to believe they have additional information.

Question 15: What is the primary purpose of the 'mini-Miranda' disclosure required by the FDCPA?

To inform consumers that the communication is from a debt collector attempting to collect a debt (Correct answer)
To provide consumers with a list of their legal rights under state law
To notify consumers that their credit score will be affected by the collection
To obtain the consumer's written consent to continue communications

Correct answer: To inform consumers that the communication is from a debt collector attempting to collect a debt

The mini-Miranda warns consumers that the communication is from a debt collector and that any information obtained will be used for debt collection purposes.

Question 16: A consumer receives a summons from a collection lawsuit they were unaware of. The consumer has 30 days to respond. Does the FDCPA's validation period overlap with this?

The FDCPA validation period runs separately from court deadlines — both must be met (Correct answer)
The consumer must request validation before responding to the lawsuit
The validation period pauses court deadlines automatically
Only the court deadline matters once a lawsuit is filed

Correct answer: The FDCPA validation period runs separately from court deadlines — both must be met

The FDCPA validation period and court-imposed response deadlines operate independently — missing either can harm the consumer.

Question 17: Can a debt collector send a consumer an email about a debt?

No, unless the consumer provides a written email consent form
No, only physical mail is permitted under the FDCPA
Yes, with no restrictions because email is not a 'communication'
Yes, subject to Regulation F requirements including opt-out mechanisms (Correct answer)

Correct answer: Yes, subject to Regulation F requirements including opt-out mechanisms

Regulation F permits email communications but requires specific disclosures and a clear opt-out mechanism.

Question 18: A collector actually files suit on a time-barred debt. Is this an FDCPA violation?

No, filing suit is always a legal action beyond FDCPA reach
Yes, but only if the consumer raises the limitations defense
Yes, filing suit on a time-barred debt without disclosing this fact violates the FDCPA (Correct answer)
No, the FDCPA only regulates communications, not court filings

Correct answer: Yes, filing suit on a time-barred debt without disclosing this fact violates the FDCPA

Courts have held that filing suit on a time-barred debt without disclosure is a deceptive practice prohibited by the FDCPA.

Question 19: A collector represents in a court filing that a consumer owes a specific amount, but the amount includes unverified fees. This may violate:

The FDCPA's prohibition on false representations in connection with collecting a debt (Correct answer)
The FCRA but not the FDCPA
Only state court rules, not the FDCPA
No law if the collector believed the amount was correct

Correct answer: The FDCPA's prohibition on false representations in connection with collecting a debt

Misrepresenting the amount of a debt in court filings is a false representation in connection with debt collection and violates the FDCPA.

Question 20: Can a consumer use an FDCPA claim as a counterclaim in a collection lawsuit filed against them?

Yes, FDCPA counterclaims are permitted in collection lawsuits (Correct answer)
No, FDCPA claims must be filed as separate lawsuits
Yes, but only if the original suit is in federal court
No, the FDCPA bars counterclaims to avoid litigation complications

Correct answer: Yes, FDCPA counterclaims are permitted in collection lawsuits

Consumers may assert FDCPA violations as counterclaims in collection lawsuits, allowing them to raise FDCPA defenses and claims in the same proceeding.

Question 21: Which government agency has primary rulemaking authority over the FDCPA for non-bank debt collectors?

Federal Trade Commission (FTC)
Consumer Financial Protection Bureau (CFPB) (Correct answer)
Federal Reserve Board
Office of the Comptroller of the Currency (OCC)

Correct answer: Consumer Financial Protection Bureau (CFPB)

The Dodd-Frank Act transferred primary FDCPA rulemaking authority for non-bank entities to the CFPB.

Question 22: Which communication tactic is prohibited for debt collectors under the FDCPA?

Sending an initial debt collection letter.
Communicating with the debtor's spouse about the debt.
Calling a debtor multiple times a day to annoy or harass. (Correct answer)
Offering a repayment plan to the debtor.

Correct answer: Calling a debtor multiple times a day to annoy or harass.

The FDCPA specifically prohibits debt collectors from engaging in any conduct that harasses, oppresses, or abuses any person. This includes making repeated or continuous telephone calls with the intent to annoy, abuse, or harass the person at the called number, as such actions are considered abusive and illegal.

Question 23: 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?

10 days
30 days
5 days (Correct answer)
3 days

Correct answer: 5 days

Under FDCPA Section 809(a), if the validation notice is not included in the initial communication, the debt collector must send it within 5 days.

Question 24: Can a debt collector contact the consumer's adult child to obtain location information?

Yes, without any restrictions
Yes, as long as the debt is not disclosed (Correct answer)
No, family members of any age may never be contacted
No, only neighbors and employers may be contacted

Correct answer: Yes, as long as the debt is not disclosed

Adult family members may be contacted as third parties to obtain location information, provided the collector follows all FDCPA third-party rules.

Question 25: Under the FDCPA, in which venue may a debt collector file a lawsuit against a consumer?

Where the debt collector's principal office is located
Only where the original creditor is headquartered
Where the consumer resides or where the contract was signed (Correct answer)
Any federal district court in the United States

Correct answer: Where the consumer resides or where the contract was signed

The FDCPA restricts collectors to filing suit only in the judicial district where the consumer resides or where the contract was signed.

Question 26: If a consumer disputes a debt in writing within the 30-day period, what must the debt collector do before continuing collection efforts?

Provide the consumer with a copy of the verification or a copy of the judgment (Correct answer)
Verify the debt with the original creditor
Cease all communication with the consumer
Contact the consumer’s employer for verification

Correct answer: Provide the consumer with a copy of the verification or a copy of the judgment

If a consumer disputes a debt in writing within the 30-day validation period, the FDCPA requires the debt collector to cease all collection efforts until they provide verification of the debt. This verification must be sent to the consumer, typically including documentation like a copy of the original contract or a judgment. This protects consumers from having to pay unverified debts.

Question 27: A student loan servicer services federal student loans that were never in default. Is the servicer a debt collector under the FDCPA?

Yes, but only when loans become 90 days past due
Yes, all student loan servicers are debt collectors
No, servicers who acquire non-defaulted loans are not debt collectors (Correct answer)
No, federal student loans are entirely exempt from the FDCPA

Correct answer: No, servicers who acquire non-defaulted loans are not debt collectors

A servicer who acquires a loan that was not in default at the time of acquisition is not a debt collector — the key is the default status at acquisition.

Question 28: What information must be included in the written validation notice provided by a debt collector under the FDCPA?

The contact information of the debt collector only
The amount of the debt only
The name of the original creditor only
The amount of the debt, the name of the creditor, and a statement that the consumer has 30 days to dispute the debt (Correct answer)

Correct answer: The amount of the debt, the name of the creditor, and a statement that the consumer has 30 days to dispute the debt

The FDCPA requires the validation notice to clearly state the amount of the debt, the name of the current creditor, and a prominent statement informing the consumer of their right to dispute the debt in writing within 30 days. It also must explain that if they dispute it, verification will be provided. This ensures consumers have essential information to understand and challenge the debt.

Question 29: After a consumer provides a written dispute and the collector obtains verification of the debt, what must the collector send to the consumer before resuming collection?

A copy of verification of the debt or a copy of any relevant judgment (Correct answer)
Only an updated balance amount reflecting any new interest
An itemized statement of all fees, interest, and principal owed
A letter from the original creditor authorizing continued collection

Correct answer: A copy of verification of the debt or a copy of any relevant judgment

FDCPA Section 809(b) requires the collector to obtain and mail a copy of verification of the debt or a judgment to the consumer before resuming collection activities.

Question 30: What happens to all collection activities after a consumer sends a timely written dispute within the 30-day period?

Only telephone calls must stop, but written communications may continue
They pause for 5 business days while the account is reviewed
They must completely cease until verification is obtained and mailed to the consumer (Correct answer)
They continue at a reduced frequency pending supervisor review

Correct answer: They must completely cease until verification is obtained and mailed to the consumer

All collection activities must cease upon receipt of a timely written dispute until the debt collector mails verification to the consumer, as required by FDCPA Section 809(b).

Question 31: Which of the following is generally EXEMPT from the FDCPA?

A federal government employee collecting a debt in the course of official duties (Correct answer)
A third-party collection agency hired by a bank
An attorney regularly filing collection lawsuits on behalf of creditors
A debt buyer who purchased consumer accounts

Correct answer: A federal government employee collecting a debt in the course of official duties

Federal and state government employees collecting debts in their official capacity are expressly exempt from the FDCPA.

FDCPA Certification Exam

The FDCPA Certification Exam tests knowledge of the Fair Debt Collection Practices Act, covering federal regulations governing third-party debt collectors' conduct, consumer rights, prohibited practices, and civil liability under 15 U.S.C. §1692.

Questions

35 min

Time Limit

75%

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