What consumer rights do I have when it comes to debt collection?

In Texas, consumers have specific rights with regard to debt collection. The Fair Debt Collection Practices Act (“FDCPA”) and the Texas Debt Collection Act (“TDCA”) protect consumers from inappropriate and abusive debt collection tactics. Under the FDCPA, debt collectors may not harass or abuse you. For example, they cannot threaten physical harm or use profane language. They are also prohibited from making false statements to collect debt or trying to collect a debt that is not valid or does not exist. Collectors also may not call or write you excessively or contact you at inconvenient times or places. The TDCA also prohibits debt collectors from engaging in deceptive debt collection practices. These include providing false or incomplete information to the credit reporting agencies or suing for a debt in a court that does not have the authority to hear it. Collectors also need to provide you with a written notice of the debt within five days of contacting you and present proof of the debt. You also have the right to dispute a debt with a debt collector. If you believe the debt is not valid, you can request the debt collector to validate the debt. If the collector is unable to provide proof of the debt, then the debt must be removed from your credit report. Finally, if a debt collector violates the FDCPA or TDCA, you may be able to obtain damages and attorney fees. It is important to be aware of your rights and contact an attorney if you believe a debt collector has acted inappropriately.

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