Is the institution aware of the circumstances in which the FDCPA applies, and, as appropriate, has it established internal procedures and controls to ensure compliance with the FDCPA?
Yes
No
2.
Has the institution acted as a ''debt collector'' under the FDCPA by either
a.
Regularly attempting to collect defaulted consumer debts owed to others or
Yes
No
b.
Attempting to collect its own consumer debts in a name other than its own
Yes
No
If the answers to questions 2a and 2b are ''no,'' the institution has not acted as a debt collector under the FDCPA and the examiner should not complete the remainder of the checklist.
3.
In attempting to collect consumer debts as a ''debt collector'' under the FDCPA, did the institution
a.
Communicate with the consumer or any third party in a prohibited manner
Yes
No
b.
Adhere to the required debt-validation procedure
Yes
No
c.
Use any harassing, abusive, unfair, or deceptive practice or means
Yes
No
d.
Collect any more than authorized by the debt instrument or state law
Yes
No
e.
Properly apply any payment received in the case of multiple debts owed by the same consumer
Yes
No
f.
Bring legal action only in a judicial district permitted under the FDCPA
