Texas Consumer Protection Act

I have pasted the exact section from Texas Law. One single law by itself does not make a whole case. Texas Finance Code 392 is a mirror law to the Federal FDCPA. This means that it does not change the FDCPA, but rather, makes the FDCPA a Texas State Law as well. The provisions of 392 are additional protections afforded to consumers ON TOP OF those afforded by the FDCPA requires that a debt collector provide written proof DIRECTLY FROM THE ORIGINAL CREDITOR…well, you can see where this is going….



§ 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 that relates to a debt

being collected by the third-party debt collector may notify in

writing the third-party debt collector of the inaccuracy. The

third-party debt collector shall make a written record of the

dispute. If the third-party debt collector does not report

information related to the dispute to a credit bureau, the

third-party debt collector shall cease collection efforts until an

investigation of the dispute described by Subsections (b)-(e)

determines the accurate amount of the debt, if any. If the

third-party debt collector reports information related to the

dispute to a credit bureau, the reporting third-party debt

collector shall initiate an investigation of the dispute described

by Subsections (b)-(e) and shall cease collection efforts until the

investigation determines the accurate amount of the debt, if any.

This section does not affect the application of Chapter 20,

Business & Commerce Code, to a third-party debt collector subject

to that chapter.

(b) Not later than the 30th day after the date a notice of

inaccuracy is received, a third-party debt collector who initiates

an investigation shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector has

not had sufficient time to complete an investigation of the

inaccuracy.

(c) If the third-party debt collector admits that the item

is inaccurate under Subsection (b), the third-party debt collector

shall:

(1) not later than the fifth business day after the

date of the admission, correct the item in the relevant file; and

(2) immediately cease collection efforts related to

the portion of the debt that was found to be inaccurate and on

correction of the item send, to each person who has previously

received a report from the third-party debt collector containing

the inaccurate information, notice of the inaccuracy and a copy of

an accurate report.

(d) If the third-party debt collector states that there has

not been sufficient time to complete an investigation, the

third-party debt collector shall immediately:

(1) change the item in the relevant file as requested

by the individual;

(2) send to each person who previously received the

report containing the information a notice that is equivalent to a

notice under Subsection (c) and a copy of the changed report; and

(3) cease collection efforts.

(e) On completion by the third-party debt collector of the

investigation, the third-party debt collector shall inform the

individual of the determination of whether the item is accurate or

inaccurate. If the third-party debt collector determines that the

information was accurate, the third-party debt collector may again

report that information and resume collection efforts.