Skip Tracing & Locate Techniques Flashcards

A collector discovers that a debtor has relocated to another state. Which action is NOT required before resuming collection activity in the new state?

Answer: Filing a new lawsuit in the debtor's home state

Filing a new lawsuit is not automatically required when a debtor moves; the collector must update records, check state licensing, and review state-specific laws, but litigation is a separate decision.

What is a 'locate hit' in skip tracing?

Answer: A confirmed match between a debtor's identifying information and a current, verified address or phone number

A locate hit means skip tracing efforts have produced a confirmed, actionable match for the debtor's current contact information.

When using reverse phone lookup during skip tracing, which data element is used to identify the account holder?

Answer: The phone number itself is queried to return the subscriber name and address

Reverse phone lookup takes a known phone number and returns subscriber identity and address information from carrier or aggregated databases.

Under the TCPA, before calling a debtor's cell phone using an autodialer or prerecorded message, a collector must generally have:

Answer: Prior express consent from the debtor to be called on that number

The TCPA requires prior express consent before using an ATDS or prerecorded message to call a cell phone, and this consent must come from the called party.

A skip tracer receives information that a debtor is living at an address registered to a relative. Without confirming the debtor's presence, the collector sends collection letters to that address. What risk does this create?

Answer: Third-party disclosure risk if the relative opens the letter and learns of the debt, violating FDCPA privacy protections

Sending collection letters to an unverified address risks exposing the debt to unauthorized third parties, which can violate FDCPA's prohibition on third-party disclosure.

Which of the following best describes the 'skip' in skip tracing?

Answer: A debtor who has 'skipped' town or moved without leaving a forwarding address, making them difficult to locate

The term 'skip' comes from the idea that the debtor has 'skipped out,' leaving without a forwarding address, which necessitates tracing techniques to find them.

What is the significance of the 'mini-Miranda' warning in the context of skip tracing calls to the debtor (not third parties)?

Answer: When a skip tracing call reaches the debtor directly, the collector must provide the mini-Miranda disclosing this is an attempt to collect a debt

If a skip tracing call reaches the actual debtor, FDCPA § 807(11) requires the collector to disclose that the communication is from a debt collector attempting to collect a debt.