Unfair Debt Collection Practices Guide – Dallas Fort Worth Attorneys

 

Federal and State Laws prohibit unfair debt collection practices.  Many consumers do not realize that there is a statute of limitations on collecting these old debts.  The debt collectors are disregarding these statutes of limitations and are harassing consumers in order to make them pay when the consumers no longer owe the debt.

 
Fair Debt Collection Practices Act
 
The debt collection harassment has gotten to be such a bad problem that the federal government passed a law to protect consumers from these collectors.  We have seen cases come in the office where the debt collector, who is usually on a commission, has threatened the consumer with being arrested, has contacted the consumer’s neighbors and relatives, has called the consumer’s work and made bad comments to the consumer’s supervisors or coworkers, and has used threatening or foul language and repeated phone calls at odd hours to harass the consumer (a violation under the Texas Penal Code).
 
If you have a debt collector harassing you, it is possible to pursue the debt collector under the Fair Debt Collection Practices Act.
 
Texas State Law
 
Texas state law also provides common law and statutory protections against unfair debt collection.  Texas statutory law provides for recovery of attorney fees and penalties to be paid by the debt collector as damages.  Texas common law allows you to recover additional damages caused by the debt collector’s harassment.  We use the combination of the state and federal law to protect you from the collection harassment.  We also see debt collectors who do not have the required bond and licensing in Texas to even engage in debt collection in the state.
 
Prohibited Practices
 
Debt collectors are not allowed to use threats of violence or harm, publish a list of names of people who refuse to pay the debt, use obscene or profane language, or repeatedly use the phone to annoy you.
 
Debt collectors are not allowed to lie when they are trying to collect the debt.  They are not allowed to:
  • falsely claim that they are attorneys or government representatives,
  • falsely claim that you have committed a crime,
  • falsely represent that they operate or work for a credit reporting company,
  • misrepresent the amount that you owe,
  • indicate that papers they send you are legal forms when they are not, or
  • indicate that papers they send you are not legal forms when they are.

 

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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Collections and Foreign Judgments, Contracts and Commercial Litigation