Fair Debt Collection Practices Act – Complete Study
Guide
What debts does FDCPA apply to? - correct answer ✔✔ It only applies to debt incurred by a
consumer primarily for personal, family, or household purposes. (excludes corporate debt or
agricultural or business purpose debt)
What debt collectors are covered under FDCPA? - correct answer ✔✔ - A person who regularly
collects, attempts to collect, CONSUMER debts
- for ANOTHER person/institution or its own consumer debts under ANOTHER name
What institutions are NOT considered debt collectors? (7 general categories) - correct answer
✔✔ -collects another debt in isolated instances
-collect its debts under its OWN name
-Debt it originated, sold, but continues to service (mortgages)
-debts not in default when they were obtained.
-debts obtained as security for a commercial credit transaction (i.e. accounts receivable)
-debts incidental to bona fide fiduciary relationship/escrow
-debts regularly collected for institution to which it is related by common ownership/control.
Besides the consumer themselves, who else does the definition of consumer include under
UDAP? - correct answer ✔✔ Consumer includes the borrower's
-spouse
-parent (if borrower is minor)
-guardian
-executor
-or administrator
, What hours of the day can debt collectors attempt to communicate with consumers? - correct
answer ✔✔ -generally not before 8am or 9pm in the consumer's time zone
Where can a debt collector attempt to communicate with a consumer? - correct answer ✔✔ -
never at places that are inconvenient to the consumer - unless given permission by court or
consumer.
-if the collector has reason to believe employer prohibits such communications then they can't
there either.
Can debt collectors communicate with consumers attorneys? - correct answer ✔✔ YES, and
they HAVE TO only communicate with attorney if consumer has retained one and they have the
attorneys contact info.
If a consumer just says they don't want to pay the debt or says to stop calling/communicating,
what can the debt collector do? - correct answer ✔✔ *the consumer has to refuse to pay
debt/or request the debt collector stop communicating VIA WRITING.
-the only communication after they write the collector is to advise consumer collection effort is
being stopped, or that specific remedies are being pursued. (i.e. its going to court, see you
there)
Who can the debt collector contact? (6 potential options) - correct answer ✔✔ - consumer
- consumer attorney
-CRA if local law permits
- the creditor
- creditors attorney
-debt collector's attorney
BASICALLY, the consumer, the creditor, the CRA, or whoever's attorney
Guide
What debts does FDCPA apply to? - correct answer ✔✔ It only applies to debt incurred by a
consumer primarily for personal, family, or household purposes. (excludes corporate debt or
agricultural or business purpose debt)
What debt collectors are covered under FDCPA? - correct answer ✔✔ - A person who regularly
collects, attempts to collect, CONSUMER debts
- for ANOTHER person/institution or its own consumer debts under ANOTHER name
What institutions are NOT considered debt collectors? (7 general categories) - correct answer
✔✔ -collects another debt in isolated instances
-collect its debts under its OWN name
-Debt it originated, sold, but continues to service (mortgages)
-debts not in default when they were obtained.
-debts obtained as security for a commercial credit transaction (i.e. accounts receivable)
-debts incidental to bona fide fiduciary relationship/escrow
-debts regularly collected for institution to which it is related by common ownership/control.
Besides the consumer themselves, who else does the definition of consumer include under
UDAP? - correct answer ✔✔ Consumer includes the borrower's
-spouse
-parent (if borrower is minor)
-guardian
-executor
-or administrator
, What hours of the day can debt collectors attempt to communicate with consumers? - correct
answer ✔✔ -generally not before 8am or 9pm in the consumer's time zone
Where can a debt collector attempt to communicate with a consumer? - correct answer ✔✔ -
never at places that are inconvenient to the consumer - unless given permission by court or
consumer.
-if the collector has reason to believe employer prohibits such communications then they can't
there either.
Can debt collectors communicate with consumers attorneys? - correct answer ✔✔ YES, and
they HAVE TO only communicate with attorney if consumer has retained one and they have the
attorneys contact info.
If a consumer just says they don't want to pay the debt or says to stop calling/communicating,
what can the debt collector do? - correct answer ✔✔ *the consumer has to refuse to pay
debt/or request the debt collector stop communicating VIA WRITING.
-the only communication after they write the collector is to advise consumer collection effort is
being stopped, or that specific remedies are being pursued. (i.e. its going to court, see you
there)
Who can the debt collector contact? (6 potential options) - correct answer ✔✔ - consumer
- consumer attorney
-CRA if local law permits
- the creditor
- creditors attorney
-debt collector's attorney
BASICALLY, the consumer, the creditor, the CRA, or whoever's attorney
