Free FDCPA Prohibited Practices Questions and Answers — Questions and Answers
Question 1: Which of the following actions is prohibited under the FDCPA?
- Contacting a debtor after 8:00 PM.
- Contacting a debtor's employer to verify employment.
- Contacting a debtor who is represented by an attorney. (Correct answer)
- Contacting a debtor about a debt on social media.
Correct answer: Contacting a debtor who is represented by an attorney.
The FDCPA strictly prohibits debt collectors from communicating directly with a consumer if they know the consumer is represented by an attorney regarding the debt. In such cases, the debt collector must communicate with the consumer's attorney, unless the attorney fails to respond or consents to direct communication with the consumer.
Question 2: Under the FDCPA, debt collectors are prohibited from using which of the following practices?
- Sending written notices about the debt.
- Using threats of violence or harm. (Correct answer)
- Offering settlement options.
- Reporting unpaid debts to credit bureaus
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 3: Which of the following is NOT allowed under the FDCPA when attempting to collect a debt?
- Calling a debtor at their place of employment after being informed the employer disapproves. (Correct answer)
- Contacting a debtor's neighbor to find the debtor's address.
- Sending a written validation notice of the debt.
- Informing a debtor of legal actions that can be taken if the debt is not paid.
Correct answer: Calling a debtor at their place of employment after being informed the employer disapproves.
The FDCPA prohibits debt collectors from contacting a consumer at their place of employment if the collector knows or has reason to know that the consumer's employer prohibits such communications. Continuing to call a debtor at work after being informed of the employer's disapproval is a direct violation of this provision.
Question 4: Which communication tactic is prohibited for debt collectors under the FDCPA?
- Sending an initial debt collection letter.
- Calling a debtor multiple times a day to annoy or harass. (Correct answer)
- Offering a repayment plan to the debtor.
- Communicating with the debtor's spouse about the debt.
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 5: According to the FDCPA, what must a debt collector NOT do when communicating with a third party about a debtor?
- Verify the debtor's contact information.
- Identify their employer when asked.
- Disclose the debt to the third party. (Correct answer)
- Ask for the debtor's current address.
Correct answer: Disclose the debt to the third party.
The FDCPA strictly limits what a debt collector can say to third parties. They are generally prohibited from disclosing the existence or details of a debt to anyone other than the consumer, their attorney, or the creditor. This rule protects the consumer's privacy and prevents harassment through third parties.
Free FDCPA Prohibited Practices Questions and Answers
Which of the following actions is prohibited under the FDCPA?