The Texas legislature has enacted supplementary state laws (Tex. Fin. Code §§ 392.001 to .404, 396.001 to .353) to the federal Fair Debt Collection Practices Act of 1977 (15 USCA § 1692 et seq.). The state laws supplement the FDCPA by providing additional protections to Texan consumers.

Texas law is broader than the FDCPA in that it also applies to "creditors" and not just to "collectors."

Texas law prohibits, among other things, various types of misrepresentation, seeking admissions by the debtor that the debt is for "necessaries" and threatening, unreasonable, abusive, unfair, unconscionable or harassing communications by the debt collector. In Texas, it is a violation of their state laws if a creditor engages the services of a third-party debt collector if the creditor knew that the collector "repeatedly or continuously" violated the Texas debt collection laws (See, Tex. Fin Code §§392.301-306).

In addition, Texas, in specified instances, provides consumers with a private cause of action against debt collectors who violate the state's statutes (giving consumers the right to sue offending debt collectors) and allows for the award of attorneys' fees to consumers that are successful at enforcing their rights under the debt collection laws at trial. Injunctive relief may also be available to Texan consumers (court orders to prevent debt collectors from engaging in certain acts).

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For more information on Texas debt collection law, click on the links below.

• Texas Finance Code - Chapter 392 Debt Collection
• Texas Debt Collector Required Bond Search
  (see if a debt collector is operating legally in Texas)
• Texas Finance Code Chapter 396
• Texas Attorney General's page on Debt Collection
• Texas Courts

Federal Law: Fair Debt Collection Practices Act (FDCPA)

The FDCPA is a federal law that provides residents of all states with considerable rights and protections against abusive, unfair and deceptive debt collection practices by debt collectors. Examples of debt collection practices prohibited by the FDCPA include using profane language, lying and calling a debtor at work if the debt collector knows the employer disapproves. The debt collector must also protect the debtor’s privacy by not disclosing the debt to others such as friends, family members or co-workers.

A debt collector, as defined in the FDCPA, is anyone who regularly collects debts on behalf of an original creditor. Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.

The FDCPA covers only consumer debt, which includes personal, family and household debt, but not business debt or any debt incurred for business purposes. Common types of consumer debt are credit card debt, automobile loans, home loans, utility bills and medical debt.

For more information on the FDCPA, including what debt collectors can and cannot do and what you can do if you believe a debt collector violated your rights under the FDCPA, please visit our FDCPA information page.