Question

WHAT IF THE FACTS WERE DIFFERENT? Assume that Richardson started his business and bought the checks, then he set up a strict protocol for collecting the checks. Employees were trained to put together a file on each debtor with the information from the checks, information they could find on the Internet and any other information that they could find through public records searches. The employees first would send a letter to the most current address of the debtor, requesting a forwarding address if needed. After two weeks, if no payment had been made based on the letter, the employees would begin to call phone numbers for the debtors, including spouses and parents. These calls were made at the dinner time in order to catch people at home. They also would contact the debtor’s most recent place of employment and any financial advisers. These calls were made during the workday, and were to cease if the employer objected. Employees were trained to be firm but professional in the collection of the debt and to inform the debtor, or family members, that the company would pursue “all legal remedies to collect on the debt.” Employees were also instructed not to communicate with debtors after receiving notice that the debtor refused to pay. 1. Under these facts, Debt Recovery Selectwaswas notItem _____ covered by the FDCPA. (was/was not)

2. Debt Recovery Selectdiddid notItem _____ contact the debtor at the debtor's place of employment if the debtor’s employer objected. (did/did not)

3. Debt Recovery Selectdiddid notItem ____ contact the debtor at inconvenient or unusual times. (did/did not)

4. Debt Recovery Selectdiddid notItem ___contact anyone other than the debtor, the spouse, parents, employers, or financial advisers. (did/did not)

5. Debt Recovery Selectdiddid notItem _____ harass or intimidate the debtor using abusive language or threats. (did/did not)

6. Debt Recovery Selectdiddid notItem ____communicate with debtors after receiving notice that the debtor refused to pay. (did/did not)

7. Because of its behavior, Debt Recovery likely Selectdiddid notItem ____ violate the FDCPA. (did/did not)

Answer 1

1. Under these facts, Debt Recovery was covered by the FDCPA.

2. Debt Recovery did not contact the debtor at the debtor's place of employment if the debtor’s employer objected.

3. Debt Recovery did contact the debtor at inconvenient or unusual times.

4. Debt Recovery did contact anyone other than the debtor, the spouse, parents, employers, or financial advisers.

5. Debt Recovery did not harass or intimidate the debtor using abusive language or threats.

6. Debt Recovery did not communicate with debtors after receiving notice that the debtor refused to pay.

7. Because of its behavior, Debt Recovery likely did not violate the FDCPA.