Note The library cannot tell you what the law means for your situation.
The federal Fair Debt Collection Practices Act (FDCPA) gives people many rights when dealing with third-party debt collectors.
Note Because the federal FDCPA only applies to third-party debt collectors and not original creditors, you do not have these same rights when dealing with the original person or business to whom you owe money.
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:
Within 5 days of being contacted by a debt collector, the collector must provide a written notice with information about the debt. The debt collector may instead include this information in the initial communication.
The notice must include a form that can be sent back to the debt collector to dispute the debt or take other actions. A request must be made within 30 days of the first contact.
If a person requests additional verification of the debt or disputes the debt, collection activities must stop until the debt collector provides verification.
Section 392.308 of the Texas Finance Code prohibits most debt collection if the debt is a result of identity theft. A consumer must first get a court order declaring them to be a victim of identity theft. When the creditor, debt collector, or third-party debt collector receives the court order, they must cease collections.
Texas law allows you to sue a debt collector that violates Chapter 392 of the Texas Finance Code. A court could award an injunction and actual damages. A violation of Chapter 392 is also actionable as a deceptive trade practice.
Federal law allows you to sue the debt collector. You can also file complaints with the Federal Trade Commission.
Note The library cannot tell you what the law means for your situation.