Fair Debt Collection Practices Act: Texas Debt Collection Rights

Collin, Dallas, Denton, Grayson And Surrounding Areas

 

What the FDCPA Prohibits, Who It Covers, and How It Applies When a Debt Collector Is Calling or Suing You

The Fair Debt Collection Practices Act, or FDCPA, is the principal federal law regulating third-party consumer debt collection. It does not prohibit legitimate collection. It prohibits covered debt collectors from using specified abusive, deceptive, unfair, or privacy-invasive methods to collect consumer debts.

The statute matters both outside and inside the courthouse. It regulates collection calls, letters, validation notices, third-party communications, false threats, unauthorized charges, and in some circumstances the venue of collection lawsuits.

Ridgely Davis Law represents Texas consumers in debt lawsuits and collection disputes involving FDCPA claims, Texas Debt Collection Act claims, debt collectors, debt buyers, collection law firms, and related defenses.

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What Is the FDCPA?

The FDCPA is codified at 15 U.S.C. §§ 1692 through 1692p.

Congress enacted it to eliminate abusive debt collection practices, promote fair competition among collectors, and encourage consistent consumer protection.

The official statute is available through the U.S. House Office of the Law Revision Counsel.

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What Debts Does the FDCPA Cover?

The FDCPA definition of “debt” generally concerns obligations arising from transactions primarily for personal, family, or household purposes.

Potentially covered debts include:

• Credit cards;
• Medical bills;
• Apartment debt;
• Personal loans;
• Retail credit;
• Private student loans;
• Utility debt;
• Consumer auto deficiencies;
• HOA-related consumer obligations depending on the circumstances; and
• Other personal, family, or household obligations.

Pure business debt generally falls outside the FDCPA.

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Who Is a Debt Collector Under the FDCPA?

15 U.S.C. § 1692a(6) defines “debt collector” through a detailed statutory framework.

It generally includes persons:

• Whose principal business is collection of debts; or
• Who regularly collect debts owed or due another;

subject to statutory inclusions and exclusions.

Collection agencies and collection law firms can qualify. Original creditors collecting their own debt in their own name are often outside the definition, although Texas law may still regulate them.

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Communications With the Consumer

15 U.S.C. § 1692c regulates communications in connection with collection.

Covered collectors generally may not communicate:

• At an unusual time or place known or which should be known to be inconvenient;
• At the consumer’s workplace when the collector knows the employer prohibits such communications;
• Directly with a represented consumer when the statutory attorney-contact rule applies; or
• After a qualifying written cease-communication request except for limited statutory purposes.

Regulation F provides additional detail concerning modern communication channels.

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Third-Party Communications

Debt collectors generally may not disclose the consumer’s debt to family, friends, neighbors, coworkers, or other third parties except as permitted by law.

Limited location-information contacts may be permitted under 15 U.S.C. § 1692b, but collectors generally cannot use those calls to embarrass the consumer or reveal the debt.

See Can Debt Collectors Contact My Family?.

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Harassment or Abuse — Section 1692d

Section 1692d prohibits conduct whose natural consequence is to harass, oppress, or abuse a person in connection with debt collection.

The statute identifies examples such as:

• Threats of violence or criminal means;
• Obscene or profane language;
• Publication of debtor lists except as permitted for credit reporting;
• Advertising debt for sale to coerce payment;
• Repeated telephone calls intended to annoy, abuse, or harass; and
• Calling without meaningful disclosure of identity, subject to statutory exceptions.

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False or Misleading Representations — Section 1692e

Section 1692e broadly prohibits false, deceptive, or misleading representations.

Examples can include falsely representing:

• The amount or legal status of a debt;
• That a collector is an attorney;
• That a communication comes from a court or government agency;
• That nonpayment will result in arrest;
• That property or wages can be seized when that remedy is unavailable;
• That a legal action will be taken when it is not lawful or intended;
• The character of legal documents; or
• The identity of the creditor.

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Unfair Practices — Section 1692f

Section 1692f prohibits unfair or unconscionable means of collection.

One especially important provision prohibits collecting any amount—including interest, fees, charges, or expenses—unless expressly authorized by the agreement creating the debt or permitted by law.

Other provisions address postdated checks, collection charges, certain communications, and improper nonjudicial dispossession of property.

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Debt Validation — Section 1692g

Section 1692g requires covered debt collectors to provide specified validation information either in the initial communication or generally within five days afterward unless an exception applies.

The consumer is informed of rights concerning:

• Amount of debt;
• Name of creditor;
• Thirty-day dispute period;
• Verification of a disputed debt; and
• Requesting the name and address of the original creditor when different.

Regulation F modernized and expanded the required validation information.

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What Happens If I Dispute the Debt?

If the consumer timely disputes the debt in writing within the statutory validation period, Section 1692g(b) generally requires the collector to cease collection of the disputed debt until verification is mailed to the consumer.

The dispute does not necessarily erase the debt or stop a lawsuit that is otherwise legally permitted, but the collector must comply with the federal validation requirements.

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Regulation F

The Consumer Financial Protection Bureau implemented detailed FDCPA regulations in Regulation F, 12 C.F.R. Part 1006.

Regulation F addresses:

• Validation notices;
• Telephone call frequency;
• Limited-content messages;
• Email;
• Text messages;
• Social media;
• Electronic opt-out mechanisms;
• Time-barred debt;
• credit reporting before certain required contacts; and
• Other collection practices.

The CFPB maintains its official Debt Collection resource.

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Telephone Call Frequency Under Regulation F

Regulation F includes a rebuttable presumption concerning telephone-call frequency. In general, a debt collector is presumed to violate the FDCPA’s telephone-harassment rule if it places calls to a particular person in connection with a particular debt more than seven times within seven consecutive days or places a call within seven days after having a telephone conversation concerning that debt, subject to regulatory exceptions.

The rule is more nuanced than a simple universal “seven calls are allowed” rule. Context, excluded calls, multiple debts, consent, and the overall harassment analysis can matter.

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Emails and Text Messages

Regulation F allows collectors to use electronic communications subject to disclosure, privacy, and opt-out requirements.

A collector should not use email or text in a way that improperly discloses the debt to third parties.

Consumers should preserve screenshots and message headers when electronic communication becomes disputed.

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Social Media

A debt collector may not publicly post about a consumer’s debt on social media.

Private electronic contacts can be permitted subject to Regulation F requirements, including identification and opt-out protections.

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Collection Lawsuits and Venue

15 U.S.C. § 1692i regulates where covered debt collectors may bring legal actions on consumer debts.

For actions other than enforcement of an interest in real property, suit generally must be brought in the judicial district or similar legal entity where:

• The consumer signed the contract sued upon; or
• The consumer resided when the action commenced.

The official statute is available through the U.S. House Office of the Law Revision Counsel.

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Does Filing a Lawsuit Violate the FDCPA?

Not merely because a debt collector sues. Litigation is a lawful form of collection when the claim and procedure are lawful.

Potential FDCPA issues can arise from:

• Wrong venue;
• False statements;
• Unauthorized amounts;
• Misleading affidavits;
• Time-barred litigation;
• Misrepresentation of legal status; and
• Other prohibited collection conduct.

The underlying lawsuit still must be defended on its own merits.

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Debt Buyers and the FDCPA

Debt-buyer status under the FDCPA can depend on the statutory definition and business model.

A debt buyer collecting debts it purchased for itself may still qualify as a debt collector if its principal business is the collection of debts, even though it owns the accounts.

Texas debt buyers also face separate state-law requirements.

See Debt Buyer Lawsuits.

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What Damages Are Available?

15 U.S.C. § 1692k provides civil liability for qualifying violations.

Potential relief can include:

• Actual damages;
• Additional damages up to $1,000 in an individual action;
• Costs; and
• Reasonable attorney’s fees for a successful action.

The statute identifies factors courts consider when determining additional damages.

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FDCPA Statute of Limitations

Section 1692k(d) generally requires an FDCPA action to be brought within one year from the date on which the violation occurs.

A consumer should not wait until the underlying debt lawsuit is over before evaluating a potential FDCPA claim.

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The FDCPA and Texas Law Can Apply Together

The FDCPA does not generally preempt state law that provides greater consumer protection, except to the extent state law is inconsistent with the federal statute.

Texas consumers may therefore have claims under both:

• The FDCPA; and
• The Texas Debt Collection Act.

See Texas Consumer Protections.

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Evidence to Preserve

If collection conduct may violate the FDCPA, preserve:

• Collection letters;
• Envelopes;
• Validation notices;
• Voicemails;
• Call logs;
• Text messages;
• Emails;
• Social-media messages;
• Settlement offers;
• Credit reports;
• Court pleadings;
• Affidavits;
• Payment demands; and
• Notes of conversations.

Contemporaneous evidence is usually stronger than a later recollection.

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How Ridgely Davis Law Analyzes FDCPA Claims

We first determine whether the statute applies.

Our analysis may include:

• Nature of the debt;
• Debt collector status;
• Original creditor versus debt buyer;
• Validation notice;
• Call frequency;
• Communication times and places;
• Third-party contacts;
• Representation by counsel;
• False or misleading statements;
• Unauthorized charges;
• Venue;
• Time-barred debt;
• Actual damages;
• One-year limitations period;
• Texas TDCA overlap;
• Counterclaim strategy; and
• Underlying debt defense.

The strongest FDCPA claim identifies the exact communication, the exact statutory prohibition, and the resulting harm.

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1. What does FDCPA stand for?

Fair Debt Collection Practices Act. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

2. Does it apply to every creditor?

No. It generally applies to statutory debt collectors, not every original creditor. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

3. Does it apply to business debt?

Generally no. The statutory definition concerns debts arising primarily from personal, family, or household transactions. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

4. Can a collection agency be covered?

Yes, if it meets the statutory definition. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

5. Can a collection law firm be covered?

Yes. Lawyers regularly collecting consumer debts can qualify. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

6. Can a debt buyer be covered?

Potentially, including where its principal business is debt collection. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

7. Can collectors call me?

Yes, but calls are subject to communication and harassment restrictions. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

8. Is there a seven-call rule?

Regulation F creates rebuttable presumptions concerning certain call frequencies; it is more nuanced than a simple universal cap. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

9. Can they text me?

Potentially, subject to Regulation F privacy and opt-out requirements. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

10. Can they email me?

Potentially, subject to applicable electronic communication rules. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

11. Can they contact me on social media?

Private contacts may be permitted in specified circumstances; public debt disclosure is prohibited. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

12. Can they call my family?

Debt disclosure to third parties is generally restricted. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

13. What is a validation notice?

It is the required information concerning the debt and the consumer’s dispute rights under Section 1692g and Regulation F. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

14. What happens if I dispute within 30 days?

A timely written dispute can require the collector to cease collection until verification is provided as required by Section 1692g(b). Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

15. Can a collector threaten arrest?

False threats of criminal consequences for ordinary debt can violate the FDCPA. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

16. Can the collector add fees?

Section 1692f prohibits collection of amounts not authorized by agreement or permitted by law. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

17. Can a collector sue me in another county?

Section 1692i imposes federal venue restrictions on covered collection actions. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

18. How much can I recover?

Potential relief can include actual damages, up to $1,000 additional damages in an individual action, fees, and costs. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

19. What is the deadline to sue under the FDCPA?

Generally one year from the violation. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

 

20. When should I contact Ridgely Davis Law?

When a collector’s communications or lawsuit may violate federal collection law or when the debt itself is disputed. Whether the FDCPA applies depends on the type of debt and whether the person or entity engaging in collection falls within the statute’s definition of a debt collector. The FDCPA can regulate communications, third-party contacts, harassment, false representations, validation notices, and other collection conduct, but an FDCPA violation does not automatically erase the underlying debt.

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Continue Your Research

• Texas Debt Collection Act
• Texas Consumer Protections
• Debt Collectors in Texas
• Creditor Collection Efforts
• Debt Buyer Lawsuits
• Collector Contact With Family
• Collector Contact With Employers