Legal Resources

Know your rights. These federal and Texas state laws protect you from unfair debt collection practices.

๐Ÿ›๏ธFederal Laws

Fair Debt Collection Practices Act (FDCPA)15 U.S.C. ยง 1692
The primary federal law protecting consumers from abusive debt collection practices.

The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting debts. It applies to third-party debt collectors, not original creditors.

Key Provisions:

ยง 1692g: Validation of Debts

Collectors must provide written notice within 5 days of first contact, including the amount owed and creditor name. You have 30 days to request validation.

ยง 1692c: Communication Practices

Limits when and how collectors can contact you. No calls before 8am or after 9pm. You can request they stop contacting you entirely.

ยง 1692d: Harassment or Abuse

Prohibits threats of violence, obscene language, repeated calls intended to annoy, and publishing 'deadbeat' lists.

ยง 1692e: False or Misleading Representations

Prohibits lying about the debt amount, threatening actions they can't take, or impersonating attorneys or government officials.

ยง 1692f: Unfair Practices

Prohibits collecting unauthorized fees, depositing post-dated checks early, or threatening to take property they have no right to.

Fair Credit Reporting Act (FCRA)15 U.S.C. ยง 1681
Governs how credit bureaus collect, use, and share your credit information.

The FCRA gives you the right to know what's in your credit file, dispute inaccurate information, and have errors corrected or removed.

Key Provisions:

ยง 1681i (Section 611): Procedure for Disputed Accuracy

Credit bureaus must investigate disputes within 30 days and remove information they cannot verify.

ยง 1681s-2 (Section 623): Responsibilities of Furnishers

Creditors reporting to bureaus must investigate disputes and correct inaccurate information.

ยง 1681c (Section 605): Time Limits on Negative Information

Most negative information must be removed after 7 years (10 years for bankruptcies).

CFPB Regulation F12 CFR Part 1006
2021 rules that modernize and clarify debt collection practices.

Regulation F implements the FDCPA and adds important new protections, including limits on communication attempts and requirements for time-barred debt disclosures.

Key Updates:

  • Limits phone calls to 7 attempts per debt per week
  • Clarifies rules for electronic communications (email, text)
  • Requires disclosure when collecting time-barred debt
  • Prohibits suing or threatening to sue on time-barred debt
Full Regulation (CFPB)

โญTexas State Laws

Texas Statute of LimitationsTex. Civ. Prac. & Rem. Code ยง 16.004
Texas limits how long creditors have to sue you for unpaid debt.

4 Years for Most Debts in Texas

Once 4 years have passed since your last payment or acknowledgment of the debt, creditors can no longer sue you to collect. The debt still exists, but it's legally unenforceable through the courts.

Texas Civil Practice & Remedies Code
Texas Finance Code - Debt CollectionTex. Fin. Code Chapter 392
Texas-specific protections against abusive debt collection.

Key Provisions:

ยง 392.307: Time-Barred Debt Protections

Debt buyers cannot sue on time-barred debt and must provide written notice if the SOL has expired.

ยง 392.308: Identity Theft Protection

Prohibits collection on debts resulting from identity theft once proper documentation is provided.

Texas Finance Code Chapter 392

๐Ÿ“šAdditional Resources

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