Texas Debt Collection Act – Who Must Comply?
- Image via Wikipedia
The Federal Fair Debt Collection Practices Act (“FDCPA”) generally does not apply to the actions of original creditors. However, Texas residents are protected not only by the FDCPA, but also by the Texas Debt Collection Act. Almost all provisions in the Texas Debt Collection Act (“TDCA”) apply not only to original creditors, but anyone collecting a consumer debt. A “debt collector” under the TDCA is “a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts.” As you can see, the definition is quite broad. Even so, our firm has not seen many cases in which a collection agency or creditor has engaged in abusive and harassing tactics based on forms provided by a third party. Usually, abuse is in the form of numerous calls to a consumer’s friends, neighbors, and co-workers by the creditor or debt collector.
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