Texas Finance Code Title 5, Chapter 392 - Debt Collection

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B SURETY BOND

• Texas Section 392.001 - Definitions
  In this chapter: (1) "Consumer" means an individual who has a consumer debt. (2) "Consumer debt" means an obligation, or an alleged obligation, primarily for...
• Texas Section 392.101 - Bond Requirement
  (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a...

SUBCHAPTER C INFORMATION IN FILES OF CREDIT BUREAU OR DEBT COLLECTOR

• Texas Section 392.102 - Claim Against Bond
  A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau...
• Texas Section 392.201 - Report To Consumer
  Not later than the 45th day after the date of the request, a credit bureau shall provide to a person in its registry a copy...

SUBCHAPTER D PROHIBITED DEBT COLLECTION METHODS

• Texas Section 392.202 - Correction Of Third-party Debt Collector's Or Credit Bureau's Files
  (a) An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and...
• Texas Section 392.301 - Threats Or Coercion
  (a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices: (1) using...
• Texas Section 392.302 - Harassment; Abuse
  In debt collection, a debt collector may not oppress, harass, or abuse a person by: (1) using profane or obscene language or language intended to...
• Texas Section 392.303 - Unfair Or Unconscionable Means
  (a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices: (1) seeking or obtaining a written...
• Texas Section 392.304 - Fraudulent, Deceptive, Or Misleading Representations
  (a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent,...
• Texas Section 392.305 - Deceptive Use Of Credit Bureau Name
  A person may not use "credit bureau," "retail merchants," or "retail merchants association" in the person's business or trade name unless: (1) the person is...

SUBCHAPTER E DEFENSE, CRIMINAL PENALTY, AND CIVIL REMEDIES

• Texas Section 392.306 - Use Of Independent Debt Collector
  A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in...
• Texas Section 392.401 - Bona Fide Error
  A person does not violate this chapter if the action complained of resulted from a bona fide error that occurred notwithstanding the use of reasonable...
• Texas Section 392.402 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is a misdemeanor punishable by a fine...
• Texas Section 392.403 - Civil Remedies
  (a) A person may sue for: (1) injunctive relief to prevent or restrain a violation of this chapter; and (2) actual damages sustained as a...
• Texas Section 392.404 - Remedies Under Other Law
  (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that...

Last modified: September 28, 2016