FDCPA Required Disclosures and Mini-Miranda Warning 2 — Questions and Answers
Question 1: Which statement correctly describes when the mini-Miranda disclosure is required in written communications under the FDCPA?
- Only in the initial written communication to the consumer
- Only when the consumer has previously disputed the debt in writing
- In every written communication sent to the consumer (Correct answer)
- Only when the debt exceeds $500 in principal
Correct answer: In every written communication sent to the consumer
The FDCPA requires that every written communication to the consumer include the disclosure that it is from a debt collector.
Question 2: If a debt collector includes the validation notice in the initial written communication itself, what additional action is required?
- The collector must also send the notice by certified mail
- No separate follow-up notice is required since it was included in the initial communication (Correct answer)
- The collector must resend the notice after 15 days have passed
- The collector must send the notice to any co-signer on the account
Correct answer: No separate follow-up notice is required since it was included in the initial communication
The FDCPA allows the validation notice to be included in the initial communication itself, eliminating the need for a separate 5-day follow-up notice.
Question 3: If a consumer requests the name and address of the original creditor within the 30-day dispute period, what must the debt collector provide?
- Only the current creditor's contact information and account number
- The name and address of the original creditor, if different from the current creditor (Correct answer)
- A complete payment history showing all transactions since origination
- A notarized statement from the original creditor confirming the debt
Correct answer: The name and address of the original creditor, if different from the current creditor
FDCPA Section 809(a)(5) requires that upon written request within 30 days, the collector must provide the name and address of the original creditor if different from the current one.
Question 4: Which best describes what the FDCPA validation notice must state regarding the assumption of debt validity?
- That the consumer can dispute only if they have documentary evidence supporting the dispute
- That if not disputed within 30 days, the debt collector will assume the debt is valid (Correct answer)
- That the consumer must contact an attorney before initiating any dispute
- That disputes must be sent via certified mail to be legally recognized
Correct answer: That if not disputed within 30 days, the debt collector will assume the debt is valid
The FDCPA validation notice must state that if the consumer does not dispute within 30 days, the debt will be assumed valid—but this does not waive the consumer's legal rights.
Question 5: 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?
- An itemized statement of all fees, interest, and principal owed
- A copy of verification of the debt or a copy of any relevant judgment (Correct answer)
- A letter from the original creditor authorizing continued collection
- Only an updated balance amount reflecting any new interest
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 6: What happens to all collection activities after a consumer sends a timely written dispute within the 30-day period?
- They continue at a reduced frequency pending supervisor review
- They must completely cease until verification is obtained and mailed to the consumer (Correct answer)
- Only telephone calls must stop, but written communications may continue
- They pause for 5 business days while the account is reviewed
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 7: Which of the following is NOT required to be included in the FDCPA written validation notice?
- The amount of the debt being collected
- The consumer's current credit score (Correct answer)
- The name of the creditor to whom the debt is owed
- A statement of the consumer's right to dispute the debt
Correct answer: The consumer's current credit score
The FDCPA validation notice does not require disclosure of the consumer's credit score; it covers debt amount, creditor name, dispute rights, and related information.
FDCPA Required Disclosures and Mini-Miranda Warning 2
Which statement correctly describes when the mini-Miranda disclosure is required in written communications under the FDCPA?