FDCPA Legal Actions and Court Procedures 1

Question 1

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

Accepted Answer

Where the consumer resides or where the contract was signed

Answer

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

Question 2

A collector files suit against a consumer in a court 500 miles from the consumer's home. This is:

Accepted Answer

An FDCPA violation — venue must be where the consumer lives or signed the contract

Answer

Filing suit in an improper venue is itself an FDCPA violation because it creates an unfair burden on the consumer.

Question 3

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

Accepted Answer

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

Answer

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 4

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

Accepted Answer

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

Answer

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

Question 5

Under the FDCPA, which of the following is a 'false representation' regarding legal action?

Accepted Answer

Threatening arrest for failure to pay a civil debt

Answer

Threatening arrest for non-payment of a civil debt falsely implies criminal consequences and is a per se FDCPA violation.

FDCPA - Fair Debt Collection Practices Act Practice Test