State Debt Collection

Question 1

State Debt Collection TDCA

Answer 1

Broader in scope than the federal act because it is not limited to 3P debt collectors

Question 2

Consumer under TDCA

Answer 2

an individual who has a consumer debt

Consumer deb is an obligation primarily for personal, family, or household purposes arising from a transaction

Question 3

Debt Collector under TDCA

Answer 3

More broad than federal definition

A person who engages in debt collection, and includes a person who sells or offers to sell forms represented to be a debt collection system

Covers 3P debt collector in addition to an entity collecting its own debts

Question 4

Credit Bureau TDCA

Answer 4

a person who, for compensation, gathers, records, and disseminates information relating to a person’s creditworthiness for the purpose of furnishing that information to another

Question 5

Prohibited Conduct under TDCA

Answer 5

LIST IS EXCLSUIVE

1) threats or coercion
2) harassment and abuse
3) unfair and unconscionable conduct
4) fraudulent, deceptive, or misleading representations
5) use of independent debt collector - creditor will not be liable for actions of an independent debt collector unless the creditor had actual knowledge of repeated violations

Question 6

Enforcement of TDCA

Answer 6

may be enforced by criminal penalties or private enforcement

Criminal penalty: misdemeanor with a fine between $100-$500

Civil remedies: injunctive relief or actual damages

AF: same as other provisions

Question 7

TDCA is a Tie-in statute

Answer 7

A violation of the TDCA is actionable under the DTBA as well