Abuse, Harassment, & Threats

Both Texas and federal law prohibit debt collectors from using abuse, harassment, or threats when trying to collect a debt. The information below explains what is considered to be abuse and harassment under the law.

Likewise, debt collectors cannot lie about who they are or what they can do to get you to pay a debt. You cannot be arrested for a debt.

Texas & Federal Law

Texas Constitution, Article 1, Section 18
This provision in the Texas Constitution ensures that no person shall ever be imprisoned for debt.
Texas Finance Code Chapter 392, Subchapter D
These sections of Texas law outline deceptive, threatening, and abusive behavior that debt collectors and original creditors cannot engage in. These behaviors include: falsely accusing you of a crime, using profane or obscene language, using a false name, misrepresenting that their communications are coming from an official government source.
Sections 1692d(1) and 1692d(2) in Title 15 of the U.S. Code
Under the FDCPA, third-party debt collectors cannot use profane or obscene language. They cannot threaten you with violence or other criminal acts.
15 U.S. Code Section 1692e
This section of the federal Fair Debt Collection Practices Act lists false or deceptive statements that a third-party debt collector is prohibited from using.
15 U.S. Code Section 1692f(6)
This section of the FDCPA states that a third-party debt collector cannot threaten to repossess property if it was not collateral for the debt in question, if it is exempt from repossession by law, or if they do not intend to actually repossess it.

Understanding the Law

The video below from Texas Appleseed discusses some common scare tactics from debt collectors.

Debt Collectors Cannot Harass, Lie, or Threaten You
This page from Texas Appleseed explains intimidation tactics that state and federal law prohibits.
Illegal Debt Collection Practices
Legal publisher Nolo explains tactics that a third-party debt collector cannot use under the Fair Debt Collection Practices Act.
Strict New Limits on Prerecorded Debt Collection Calls Effective July 2023
This article from the National Consumer Law Center discusses new rules on prerecorded debt collection calls. For example, prerecorded calls to a consumer’s landline are limited to three calls within 30 days.
Think your company’s not covered by the FDCPA? You may want to think again.
This blog post from the Federal Trade Commission explains that many companies may think the FDCPA doesn’t apply to them because they aren’t third-party debt collectors. However, the FDCPA may apply to creditors under certain circumstances

By Phone

The Fair Debt Collection Practices Act prevents a debt collector from calling in the middle of the night. Unless the debt collector knows otherwise, the law says they should assume that convenient hours to call you are between 8:00 a.m. and 9:00 p.m.

Both Texas and federal law prevent debt collectors from calling you repeatedly with the intent to harass or annoy you.

Texas & Federal Law

Section 1692c(a)(1) in Title 15 of the U.S. Code
This section of the Fair Debt Collection Practices Act prohibits debt collectors from calling at odd hours.
15 U.S. Code Section 1692d(5)
This section of federal law concerns harassment and abuse from debt collectors. It prohibits them from calling you repeatedly to annoy you.
Part 1200, Chapter 64, Title 47, Code of Federal Regulations
This part of the Code of Federal Regulations restricts telemarketers and telephone solicitation delivery. These rules can also apply to debt collectors.
Section 392.302 in the Texas Finance Code
This section of Texas law prevents debt collectors or original creditors from calling you repeatedly to harass you.

By E-mail, Text, & Social Media

Debt collectors can contact people via e-mail, text, and social media. These rules went into effect on November 30, 2021. The rules put some restrictions on these kinds of messages from debt collectors, including:

They must identify themselves as debt collectors when trying to send a message or add someone as a friend.
Debt collectors cannot post to social media in ways that are visible to a person's contacts or the public.
They must give people a way to opt out of being contacted on that platform in the future.

Federal Law

Title 12, Section 1006.22 of the Code of Federal Regulations
This rule prevents debt collectors from contacting people on social media in a way that can be seen by the public or the person's contacts.
Title 12, Section 1006.18 of the Code of Federal Regulations
This rule prevents debt collectors from using "false, deceptive, or misleading representations" to contact you about a debt. In the Official Interpretations section, it states "Assume that a debt collector sends a private message, in connection with the collection of a debt, requesting to be added as one of the consumer's contacts on a social media platform marketed for social or professional networking purposes. A debt collector makes a false representation or implication if the debt collector does not disclose his or her identity as a debt collector in the request."

Understanding the Law

Can a debt collector contact me through social media?
This FAQ from the Consumer Financial Protection Bureau explains the rules debt collectors must follow when contacting people through social media.

At Work

A debt collector can call someone at work unless they "have a reason to know" that the employer prohibits these kinds of calls.

Debt collectors can contact people by e-mail. They cannot use an e-mail address that they know is provided by an employer.

Debt collectors may be able to use a work e-mail address if one of the following applies and you did not ask them to stop using that e-mail address afterward:

you used that e-mail address to contact the debt collector or the creditor about the debt;
you provided the e-mail address directly to the debt collector or creditor; or
a prior debt collector contacted you at that e-mail address.

If a debt collector communicates by e-mail, they must include in the message a way to opt out of future e-mails to that address.

Federal Law

Section 1692c(b) in Title 15 of the U.S. Code
This section of the Fair Debt Collection Practices Act discusses the ways that a debt collector can communicate about a debt - and with whom. In particular, it prohibits calling at a debtor's work, or talking to anyone but the debtor, attorneys for either party, or credit reporting agencies about the debt.
Title 12, Section 1006.6 of the Code of Federal Regulations
These federal rules put limitations on a debt collector's ability to email you at your work email address.

Understanding the Law

Can a debt collector call me at work to collect a debt?
This page from the legal publisher Nolo explains the laws surrounding a debt collector's ability to call you while at work.

Friends & Family

Debt collectors are prohibited by law from discussing details with anyone but you, your spouse, your parent (if you are a minor), a credit reporting agency, the creditor, or the attorneys for the parties involved.

If the debt collector is contacting other people in order to find contact information for you, they cannot state that you owe a debt.

Federal Law

15 U.S. Code Section 1692b
This section of the Fair Debt Collection Practices Act puts strict limitations on what a debt collector can say when communicating with someone who is not the debtor.

Requesting to Cease Contact

Under the FDCPA, a person can inform a third-party debt collector they want to stop contact. The law requires the collector cease contact unless:

the collector is letting the person know they are going to stop attempts to collect the debt; or
the collector is taking specific legal actions like filing a lawsuit.

Federal Law

Section 1692c in Title 15 of the U.S. Code
Under this section of the Fair Debt Collection Practices Act, third-party debt collectors must cease contact with the debtor upon their request.

Understanding the Law

How can I stop debt collectors from contacting me?
This page from the federal Consumer Finance Protection Bureau explains the right to request that a third-party debt collector stop contact.
Should I tell a debt collector to stop contacting me?
Before sending a debt collector a cease contact letter, you should consider the pros and cons of doing so.

Sample Letters

Sample Letter: I Want the Debt Collector to Stop Contacting Me [DOC]
This sample letter from the Consumer Financial Protection Bureau can be used to request that a third-party debt collector cease contact. Note that clicking on the link above will download a Microsoft Word document file.
How to Write a Cease and Desist Letter for Debt Collectors
This page offers sample text for a couple of different "cease contact" letters to debt collectors, depending on the circumstances.

Solve your money troubles : strategies to get out of debt and stay that way
Page 134 of this excellent book about managing debt and financial problems has a sample letter requesting that a debt collector cease contact. Note that you will need to register for a free library account in order to access it.

Enforcement

Both federal and Texas law allow a person to sue a debt collector if the collector violates the law. Violations of the Texas law are criminal offenses. You can also file complaints with several state and federal agencies listed below.

Texas & Federal Law

Section 392.402 of the Texas Finance Code
This section creates criminal penalties for violations of Texas's debt collection laws.
Section 392.403 of the Texas Finance Code
This section allows someone to sue an original creditor or third-party debt collector who has violated Texas's debt collection laws.
15 U.S. Code Section 1692k
This section of the FDCPA allows people to sue third-party debt collectors who violated the law.
15 U.S. Code Section 1692l
This section of the FDCPA allows the Federal Trade Commission to enforce federal debt collection laws.

File a Complaint

Debt Collection Practices - Office of the Consumer Credit Commissioner
Report violations of Texas's debt collection laws by original creditors to the Office of the Consumer Credit Commissioner.
File a Consumer Complaint with the Texas Attorney General
Report violations of Texas's debt collection laws by third-party debt collectors to the Texas Attorney General's Consumer Protection division.
File a Complaint with the Federal Trade Commission
The Federal Trade Commission accepts complaints regarding the collection practices of third-party debt collectors.

Note The library cannot tell you what the law means for your situation.