Legal Question in Civil Rights Law in Texas

Re: Fair Debt Collection Rights

Both the Texas Debt Collection Practices Act and the Federal Fair Debt Collecions Act can be found online and can answer your question in more detail.

However, with regards to the Texas Debt Collection Practices Act, a person who is collecting consumer debts cannot:

(1) Use or threaten to use violence or other criminal means;

(2) Tell or threaten to tell any other person that the debtor is willfully refusing to pay an undisputed debt if the debt is in dispute;

(3) Threaten to sell or assign the debt to another and falsely represent that the debtor would thereby lose any defense to the debt;

(4) Threaten that non-payment may result in seizure, repossession or sale of the debtor's property without proper court proceedings;

(5) Use profane or obscene language;

(6) Harass the debtor or any other person with frequent communication;

(7) Use any name other than the true business or legal name of the debt collector;

(8) Misrepresent the character, extent, or amount of a debt;

(9) Falsely represent that the debt collector is authorized by or affiliated with an attorney or any agent or official of the government;

Any person who violates any provision of the Act is guilty of a misdemeanor and subject to a civil fine. Violators of the Act also may be subject to civil action for damages or injunctive relief. Unauthorized or illegal debt collection practices also may violate the Texas Deceptive Trade Practices-Consumer Protection Act. An attorney familiar with collections law will be able to advise a business or consumer about proper collection practices.

The Texas Attorney General's Office also handles many consumer complaints about debt collection practices. The Consumer Protection Division can be reached at P.O. Box 12548, Austin, TX 78711-2548, (800) 337-3928.