Texas state laws are highly concerned with third-party collection agencies hassling consumers. State laws require that debt collectors prove they are bonded and licensed to collect delinquent funds. A debt collector must validate or prove it is the legitimate owner of a debt and provide the consumer with specific information about the debt. The Texas finance code states that collection agencies must tell you the name of the original creditor, the original date of default or non-payment, the date the debt was transferred from the original creditor to the third-party debt collector, and the original balance and current balance. If the debt collector refuses to provide the information, state law views it as an admission of inaccurate debt collection. The consumer then has the right to have all debt collection efforts stop and to have the debt permanently removed from any consumer credit reports. The debt collector must be bonded in the state of Texas and have legal authority to collect fees, interest, and expenses. Texas offers programs to monitor credit reports, help repair credit history, and make payment plans.
While federal credit and loan laws are more concerned with fair and accurate business practices, Texas state law is more concerned about debt collection by third parties and repairing credit history. It indicates that when it comes to credit and loans, the biggest problems Texans experience are high debt, debt collections, and poor credit ratings. Texas is less concerned with fair credit practices by creditors and more concerned with how to keep its consumers from defaulting on loans. They also seem to be concerned with fraudulent collection agencies going after consumers and with false financial information being placed on consumer credit reports. The Fair Credit Reporting Act tells consumers to alert CRAs to investigate disputed claims, and the CRAs then have 30 days to investigate a claim and determine if it is inaccurate, incomplete, or unverifiable. In Texas, the state advises consumers to contact the collection agency and request information to validate the collection. Texas gives the collection agency 30 days to respond. If the collector doesn’t respond, the case must be removed, if the agency does respond, the debt is considered legitimate. The state does not refer to CRAs at all.
The state’s website does address identity theft, which can lead to fraudulent use of credit. Texas recommends its citizens invest in an identity protection plan for $10 a month. It also encourages people to invest in a credit report service for $14.95 a month. The Fair and Accurate Credit Transactions Act advises people that they have the right to access three free credit reports a year. The act also states that consumers have the right to have their account flagged by CRAs in the event of identity theft. Texas does not mention any of these rights and services. However, the state provides a lot of links and pages advertising businesses that consumers can pay to help them with credit history and identity theft. The state does not alert people to any free rights and services guaranteed by federal law.
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