Debt Collection Problems

Debt Collection Laws

Texas Fair Debt Collection Practices Act

Many creditors and debt collectors will call constantly, at any number where you might be reached, including your workplace, in order to get you to pay a debt.  Perhaps your employer would not look too kindly upon these calls.  Nobody wants to be harassed by a debt collector, and because of such great abuse in the industry of collections, Congress has enacted a law, the Fair Debt Collection Practices Act, in order to protect consumers from these collection abuses. 

In some states, such as Texas, there are additional state laws enacted to protect consumers.  In Texas, there isTex.Fin.Code Ann. ยงยง392.001 to 392.404 and 396.001 to 393.353which provides protection against consumers.  This law applies to collection agencies, creditors and private child support collection agencies and prohibits much of the same conduct that the FDCPA prohibits, such as the use of threats, harassment, abuse, unreasonable communications, deceptive misrepresentation, and unconscionable collection tactics.   In addition, the laws in Texas provide requirements for written communication such as disclosure of the purpose of the communication. Also, the law has provisions against creditors hiring a third party collector known to have repeatedly violated this Act.

Texas law provides for private remedies which include obtaining an injunction, actual damages, statutory damages of a minimum of $100 for certain violations, and attorney fees.