CRCM practice question 7 of 35

Debt collector may not abuse or harass the consumer by:

Answer options

A: Using or threatening to use violence or to harm the physical person, reputation, or property of any person when collecting a debt Correct answer

B: Using obscene, profane, or abusive language when communicating with anyone Correct answer

C: Allowing a telephone to ring repeatedly or engaging a person in telephone conversations repeatedly with the intent to abuse or harass Correct answer

D: Making telephone calls without meaningful disclosure of the caller’s identity Correct answer

Correct Answer:

A. Using or threatening to use violence or to harm the physical person, reputation, or property of any person when collecting a debt; B. Using obscene, profane, or abusive language when communicating with anyone; C. Allowing a telephone to ring repeatedly or engaging a person in telephone conversations repeatedly with the intent to abuse or harass; D. Making telephone calls without meaningful disclosure of the caller’s identity

Explanation

The question asks for actions by which a debt collector may not abuse or harass a consumer. Under the Fair Debt Collection Practices Act (FDCPA), all listed options are explicitly prohibited as forms of harassment or abuse. The statute provides a non-exhaustive list of such conduct, which includes threatening violence (A), using obscene or profane language (B), causing a phone to ring repeatedly with intent to harass (C), and placing calls without meaningful disclosure of the caller's identity (D). Therefore, all four options are correct examples of prohibited conduct.

Why Incorrect

This question is structured as a "select one" but all options are legally correct examples of prohibited conduct under 15 U.S.C. § 1692d. No option is incorrect.

References

1. Fair Debt Collection Practices Act, 15 U.S.C. § 1692d, "Harassment or abuse."

§ 1692d(1) prohibits "The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person." (Corresponds to A)

§ 1692d(2) prohibits "The use of obscene or profane language..." (Corresponds to B)

§ 1692d(5) prohibits "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass..." (Corresponds to C)

§ 1692d(6) prohibits "...the placement of telephone calls without meaningful disclosure of the caller’s identity." (Corresponds to D)

2. Consumer Financial Protection Bureau (CFPB). (2021). Debt Collection Practices (Regulation F), § 1006.14, "Harassment or Abuse." This regulation restates and provides context for the prohibitions listed in the FDCPA statute.

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