Fair Debt Collection Practices Act (FDCPA)

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15 Questions

What does the FDCPA stand for?

Fair Debt Collection Practices Act

What time, and up to what time, can we communicate with the debtor each day?

After 8AM and before 9PM, at debtor's location.

What kind of debt does not applies to Fair Debt Collection Practices Act?

debts of a commercial nature or business debts

What is the purpose of regulating communication under the FDCPA?

The purpose is to prevent abusive debt collection practices and protect debtors from unfair treatment.

What happens if a debt collector violates the communication regulations under the FDCPA?

The debt collector may be subject to damages and sanctions, including actual damages, additional damages, and possibly punitive damages in class-action lawsuits.

A debt collector can publish a list of individuals who have not paid their debts.

False

Debt collectors can contact a debtor's workplace if the employer forbids such contacts.

False

When was the Fair Debt Collection Practices Act (FDCPA) enacted?

March 1978

Debtors can potentially receive three types of damages: actual damages, additional damages up to $1,000, and punitive damages up to $1,000 per individual or up to $500,000 or _________ of the debt collector's net worth in class-action lawsuits.

Under what conditions can debt collectors avoid liability for FDCPA violations?

Debt collectors can avoid liability if they can prove that the violation was not intentional and resulted from a bona fide error.

What information must debt collectors provide to consumers within five days of the initial communication?

Debt collectors must provide a written notice that includes the amount of the debt, the name of the creditor, and the consumer's rights to dispute the debt.

What rights do consumers have in relation to the debt they are being contacted about, and what must debt collectors do in response to consumer requests?

Consumers have the right to request verification of the debt, and debt collectors must provide the requested information.

Debt collectors must identify themselves as _________ in all communications with consumers. They must disclose that any information obtained will be used for debt collection purposes.

In what specific circumstances can debt collectors continue to contact a consumer after receiving a written request to cease communication?

Debt collectors can continue to contact a consumer after receiving a written request to cease communication only in specific circumstances, such as to inform the consumer of legal action.

When a consumer disputes a debt, whom must the debt collector report the dispute to if they have previously reported the debt?

The debt collector must report the dispute to any credit reporting agencies to whom they have previously reported the debt.

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