Texas Fair Debt Collection Law
Texas Financial Code Annotated Sections 392.001 to 392.404 and 396.001 to 396.353 deal with debt collection agencies - and anyone else who is trying to collect a debt. The Texas Debt Collection Practices Act virtually mirrors the federal Fair Debt Collection Practices Act. For example, the law says that:
- A debt collector can't threaten violence or other criminal acts
- A debt collector can't use profane or obscene language
- A debt collection agency can't falsely accuse you of fraud or other crimes
- A debt collection agency can't threaten to arrest you, or repossess or seizure your property without proper court proceedings
- A debt collector can't use the telephone to harass you by calling anonymously or making repeated or continuous calls
- A debt collector can't make collect telephone calls without disclosing his name before the charges are accepted
- A debt collector can't use a false name or identification
- A debt collection agency can't misrepresenting the amount of the debt or its legal status
- A debt collection agency can't send documents that falsely appear to be from a court or other official agency
- A debt collection agency must tell you the name of the creditor
- A debt collection agency can't tack on additional fees and charges unless you signed a contract agreeing to these charges
- A debt collector can't contact you once you've sent a cease and desist letter
- You have 30 days to dispute the debt in writing
Texas law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages and attorney fees. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated Texas state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the Texas Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form or file an online complaint with the Texas Attorney General's office by clicking here.
Here's the contact information to call or send a written complaint to the Texas Attorney General:
Office of the Attorney General
Consumer Protection Division
P.O. Box 12548
Austin, TX 78711-2548
512-463-2100 or 800-621-0508
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
