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18 Cards in this Set
- Front
- Back
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May a debt collector contact someone who is not the DEBTOR to collect location information?
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Yes but the collector may not indicate that the purpose of the information is because the consumer owes a debt.
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May a debt collector request the debtor’s location information by post card?
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No communications by post card
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May a debt collector contact someone who is not the debtor using letterhead identifying them as a debt collector?
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No
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If the debtor has an attorney, what is the general rule regarding where communications are directed?
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They are to be directed to the attorney, unless the attorney fails to respond within a reasonable time.
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T or F: A debt collector may contact your employer or a Co-signer to the debt, but may not contact a relative or neighbor.
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FALSE: A debt collector may contact a co-signer, but is not permitted to contact a relative, neighbor, or employer.
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T or F: A debt collector may warn a debtor of an intention to refer the account to an attorney or to report the debt to a credit agency.
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True: This is permitted. However, a debt collector may not threaten to refer an account to an attorney or credit agency to enforce payment on the account.
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T or F: If an internal collections department for a store is attempting to collect from the debtor, they are bound by the FDCPA.
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False: The FDCPA does not apply if the communications is made by an internal collections department.
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T or F: If an internal collections department attempts to collect on a debt and represents to the debtor that a third party is attempting to collect on the debt, the FDCPA will not apply to the internal collections department.
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False: The internal collections department will become bound by the FDCPA by representation.
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T or F: The FDCPA considers 10pm a reasonable time to call a debtor.
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False: The FDCPA considers unreasonable time to be before 8:00am and after 9:00pm – unless the debt collector has permission to contact during this time.
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T or F: A debt collector may use obscenity, racial slurs or insults in an attempt to collect a debt.
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False: no use of obscenities, racial slurs, or insults is permitted in collecting a debt.
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T or F: A debt collector may not use letters that appear to come from a court
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True: A debt collector may not use letters that appear to have come from the court
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T or F: A debt collector can collect on any amount of collection fees and charge any interest rate
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False: A debt collector must follow the fees and interest charges permitted by the state or the contract.
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T or F: A debt collector may request a post dated check with the intent to prosecute if the check bounces
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False: ? ? why would anyone do this anyway?
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T or F: A debt collector may make some false statements in collecting a debt, such as making a claim to have started a law suit
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False: Cannot make false statements in collecting a debt
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T or F: A debt collector is permitted to falsely act as if he/she is conducting a survey in order to collect information about the debtor
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False: No false statements
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T or F: A debt collector may threaten the debtor with an arrest if he/she does not pay the debt
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False: No threats of arrest are permitted
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What must the Debt Collector Tell the Debtor about the debt?
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1-How much is owed
2-Name of the creditor owed 3-Debt assumed valid if not disputed in 30days 4-If disputed the debt collector will verify the debt 5-upon written request the debt collector will provide you with the name and address of original creditor |
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What is a “Mini-Miranda Warning”?
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In the first notice it must state the communication is from a debt collector and that any info obtained may be used to collect the debt.
All subsequent communications must contain this warning, except pleadings. |
