Consumer Law - Texas Flashcards Preview

2019 Texas Bar Exam > Consumer Law - Texas > Flashcards

Flashcards in Consumer Law - Texas Deck (3)
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A third-party debt collector or credit bureau may not engage in debt collection unless:

It has obtained a surety bond issued by a surety company authorized to do business in the state.


A debt collector may communicate with other parties under four circumstances:

--- to obtain location information;
--- with the prior direct consent of the consumer;
--- with the express permission of the court; or
--- as reasonably necessary to effectuate a post-judgment judicial remedy.


Without either the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt under three circumstances:

--- at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. (In the absence of knowledge of circumstances to the contrary, a debt collector may assume that the convenient time for communicating with a consumer is after 8 o'clock a.m. and before 9 o'clock p.m. local time at the consumer's location);

--- if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

--- at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.