FDCPA

Question 1

WHO IT APPLIES TO

Answer 1

WHO IT APPLIES TO

“Consumer debts”
- Personal, family, household

“Debt collector”

• THIRD-PARTY debt collectors
• REGULARLY in the practice of collecting debts

Question 2

DEBT VALIDATION

Answer 2

DEBT VALIDATION

NOTICE of the debt is REQUIRED

• In the INITIAL communication or within 5 DAYS
• Consumer has 30 days to dispute
• Must be large and prominent, noticeable even by an unsophisticated consumer

Question 3

WHAT’S PROHIBITED

Answer 3

WHAT’S PROHIBITED

• This list is NON-EXCLUSIVE *

Communications:

• Unusual place or time KNOWN TO BE INCONVENIENT
• CANNOT call consumer who DC KNOWS is REPRESENTED by atty
• CANNOT call place of employment if DC KNOWS employer doesn’t like it
• CANNOT call third parties, EXCEPT to gain LOCATION info about the consumer

Harassment or abuse
- Of ANY person, not just the debtor

False or misleading representations

Unfair or unconscionable acts

Question 4

WHAT’S PROHIBITED

Communications:

Answer 4

Communications:

• Unusual place or time KNOWN TO BE INCONVENIENT
  
  • Can ONLY call from 8am - 9pm
• CANNOT call consumer who DC KNOWS is REPRESENTED by atty
  
  • Unless atty consents
• CANNOT call place of employment if DC KNOWS employer doesn’t like it
• CANNOT call third parties, EXCEPT to gain LOCATION info about the consumer

Question 5

SOL =

Answer 5

SHORT SOL

SOL = 1 year

Question 6

LIABILITY

Damages, etc.?

Answer 6

LIABILITY

Actual damages

Penalty

• Up to $1,000
• EVEN IF no actual damages

Atty fees