Fair Debt Collection Practices Act Texas: Simplified

Knowing your rights can help protect yourself from abusive and deceptive practices and potentially avoid paying debts you don’t owe. You need to know if debt collectors garnish wages in Texas, and what lawsuits debt collectors can file.

If a debt collector violates your rights under the FDCPA, you may be entitled to take legal action against them. Working with the best credit repair services in El Paso, Texas will help you understand your options.

In this article, we’ll explore the Fair Debt Collection Practices Act Texas in-depth and discuss what it means for consumers. We’ll detail the various restrictions that debt collectors must follow, the rights that consumers have under this law, and how to take legal action against debt collectors who violate these regulations. 

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that was enacted to protect consumers from abusive and deceptive debt collection practices. In Texas, this law has additional provisions that offer even greater consumer protection. The FDCPA in Texas applies to anyone who’s attempting to collect a debt from a consumer, including debt collectors, lawyers, and creditors.

What Debt Collectors Cannot Do

Under this law, debt collectors are prohibited from engaging in abusive, unfair, or deceptive practices when attempting to collect on a debt. The law outlines specific rules that debt collectors must follow when communicating with consumers.

Debt collectors cannot:

  • Call you before 8:00 AM or after 9:00 PM unless you have permitted them to do so
  • Contact you at work if you have asked them not to do so
  • Harass or threaten you, use profane language, or make false statements
  • Pretend to be someone they are not, such as a government official or an attorney
  • Disclose your debt to anyone other than you, your spouse, or your attorney
  • Avoid providing you with certain information, such as the amount of the debt and the creditor’s name, within five days of their first communication with you.

If a debt collector violates any of these rules, you have the right to take legal action against them. This includes filing a complaint with the Texas Attorney General’s Office, suing the debt collector in court, or seeking damages for the harm caused by their actions.

The FDCPA in Texas doesn’t apply to creditors collecting their debts. But creditors are still subject to other state and federal laws governing debt collection practices.

Your Rights

Besides outlining specific rules for debt collectors, the FDCPA in Texas also offers various rights and protections. For example, under this law, you have the right to:

  • Request that the debt collector stop contacting you
  • Dispute the debt and request verification of the debt
  • Receive information about the debt, including the amount, the creditor, and any fees or interests that have been added
  • Have a debt collector cease communication with you if an attorney represents you
  • Seek damages if a debt collector violates your rights under the FDCPA Texas

Has Your Creditor Violated the Fair Debt Collection Practices Act?

If you believe a debt collector has violated your rights, remember to document any communication you have had with them, including the communication’s date, time, and content. Keep copies of any letters, emails, or other communication you’ve received from the debt collector.

Working with a credit repair company can help you understand your rights under the FDCPA in Texas and guide you with handling collection agencies. They work with you to create a debt repayment plan fitting your financial situation and help improve your credit score.

In Conclusion

The Fair Debt Collection Practices Act Texas offers consumers important rights and protections when dealing with debt collectors. Understanding these rules and your rights under the law is important to protect yourself from abusive and deceptive debt collection practices. If you believe a debt collector has violated your rights, document any communication with them and seek legal advice.
If you still feel lost and need more information, we have your back. Be sure to check out our article about the I.C. system on your credit report!