Debt Collection Laws & Compliance Flashcards

When a debt collector contacts a third party solely to acquire location information about a consumer, which action is prohibited under the FDCPA?

Answer: Stating that the consumer owes a debt

Under FDCPA §1692b, a collector seeking location information must not state that the consumer owes any debt.

Absent knowledge of circumstances to the contrary, the FDCPA presumes calls to a consumer are convenient only during which hours at the consumer's location?

Answer: 8 a.m. to 9 p.m.

The FDCPA presumes communications before 8 a.m. or after 9 p.m. local time at the consumer's location are inconvenient.

After a consumer sends a written request to cease communication, which communication is still permitted under the FDCPA?

Answer: A notice that the collector may or intends to invoke a specified remedy, such as filing suit

After a cease request, the collector may only advise that efforts are ending or that specific remedies may or will be invoked.

A collector knows a consumer is represented by an attorney regarding the debt and knows the attorney's contact information. Under the FDCPA, when may the collector contact the consumer directly?

Answer: Only if the attorney fails to respond within a reasonable time or consents to direct contact

FDCPA §1692c(a)(2) bars direct contact with a represented consumer unless the attorney fails to respond within a reasonable period or consents.

Under the FDCPA's venue provision, a collector suing to collect a consumer debt not involving real property must file in the judicial district where the consumer does what?

Answer: Signed the contract or resides at the start of the action

FDCPA §1692i requires suit in the district where the consumer signed the contract sued upon or resides when the action begins.

A consumer owes multiple debts to the same collector and disputes one of them. How must the collector handle a single payment from the consumer?

Answer: Not apply it to the disputed debt and, where directed, apply it per the consumer's instructions

FDCPA §1692h prohibits applying payment to any disputed debt and requires following the consumer's directions.

Under the FDCPA, if a collector accepts a check postdated by more than five days, what notice must it give before depositing it?

Answer: Written notice not more than 10 nor less than 3 business days before deposit

FDCPA §1692f(2) requires written notice 3 to 10 business days before depositing a check postdated by more than five days.