The Texas Debt Collection Act protects Texas residents from original creditors such as mortgage companies, credit card companies, auto loans, medical bills, and utility bills. Texas consumers can get damages of $100.00 for each violation. Plus, the Texas Debt Collection Act also has a fee-shift provision. So, you won’t pay us a penny for our fees or costs for our help stopping original creditor harassment. When we work on original creditor harassment cases, often times (depending on the amount of the debt) we’re able to get the underlying debt waived and your credit report updated.
Fair Debt Collection Practices Act (FDCPA):
The FDCPA has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.
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Damages:If a collection agency violates any section of the FDCPA, the consumer is entitled to damages up to $1,000.00. Additional damages are warranted in cases where the collector’s collection activities were so egregious the consumer suffered emotional distress. 99% of cases do not involve emotional distress damages.
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Attorney’s fees: The FDCPA has a fee-shift provision. This means, the collection agency pays the consumer’s attorney’s fees and costs.
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Debt that is covered by the FDCPA: Only consumer debt, such as personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, debts regarding unpaid taxes, or traffic tickets.
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The FDCPA only applies to 3rd-party debt collectors: The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution. In short, only third-party debt collectors are bound by the FDCPA. That is, original creditors, such as credit card companies and banks are not bound by the FDCPA.
Top FDCPA Violations:
- Communicated (phone or letter) with you after you filed for bankruptcy.
- Communicated (phone or letter) with you after you told the collector you have a lawyer.
- Called you about a debt you do not owe after you informed the collector you do not owe the debt.
- Called you at work after you told them you cannot receive such calls at work.
- Left you a message without identifying the company’s name.
- Left you a message without disclosing that the call is from a debt collector.
- Called third parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
- Disclosed to a third party (family, friends, coworkers, or neighbors) that you owe a debt.
- Contacted you after you told the collection agency, in writing, to stop contacting you.
- Threatened you with legal action (such as a lawsuit or wage garnishment) even though the collection agency does not intend to follow through with its threat.
- Called you before 8:00 AM or after 9:00 PM.
- Continued to call you after you have told the collector you cannot pay the debt.
Telephone Consumer Protection Act (TCPA):
Have you ever received a phone call from an unknown but local phone number? Chances are you have, most everyone of us has, and when you answered the call you were greeted with silence or some pre-recorded message. After a few awkward seconds and repeating yourself to be removed the list, you hang up frustrated by another robot calling your phone. What do they really want, and why don’t they ever stop calling?
Fortunately for consumers, the TCPA, limits the use of automatic dialing systems, prerecorded voice messages, and unsolicited text messages. Passed in 1991, the TCPA allows for damages ranging from $500.00 – $1,500.00 per call or text. In describing the importance of the TCPA, Senator Hollings, the TCPA’s sponsor, said, “I echo Supreme Court Justice Louis Brandeis, who wrote 100 years ago that ‘the right to be left alone is the most comprehensive of rights and the one most valued by civilized man.’”
If a company has your permission to place robocalls to you, you can revoke your consent. If robocalls continue after the consumer says stop calling, the consumer has a TCPA case.
Electronic Fund Transfer Act (EFTA):
The EFTA protects electronic payments that are deducted from bank accounts. If a company took unauthorized deductions from your bank account, you may have an EFTA claim. Most collection agencies want to set up re-occurring payments from consumers. Imagine how much money collection agencies gets if hundreds, if not thousands, of consumers electronically pay them $50-$100, or more, per month. If you a consumer agreed to this type of re-occurring payment, the company must follow certain steps to comply with the EFTA. The EFTA allows for statutory damages up to $1,000.00 and actual damages for the payments made. The EFTA also has a fee-shift provision. This means, the company pays the consumer’s attorney’s fees and costs.
Fair Credit Reporting Act (FCRA):
The FCRA works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. Are you one of the 40 million Americans that have a mistake on their credit report? Mistakes on your credit report can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft. If a credit reporting agency violates its obligations under the FCRA, you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision. This means, the credit reporting agency pays the consumer’s attorney’s fees and costs.
Under the FCRA, you have a legal right to dispute and remove inaccurate information from your credit report. These inaccuracies come in three common forms:
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Wrong information – Untrue information such as criminal records, driving records, accounts you did not open, mixed or merged files with someone else’s information (such as a family member or someone with the same name), judgments for lawsuits which didn’t involve you, or debts you did not incur can be permanently removed from your credit report.
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Duplicate information – Some accounts or transactions may be listed more than once in your credit report, and it’s helpful to ensure that your report is duplicate-free to avoid appearing to have more debt or credit-related problems than you do.
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Old and negative information – Most types of outdated negative credit information, such as foreclosures, judgments, liens, lawsuits, and bankruptcy, can be removed after about seven years.
Submitted Comments
First investors is servicing my auto-loan from LendingClub. There was an issue with the title on the vehicle. I was told by the lender that by refinancing the loan I could remove my co-signer from the original loan and the title. However after months of being in the loan I had never received the need documents to provide to the state for new tags for the vehicle. I made several complaints by phone about this issue and no effort was made to resolve the issue till i stopped making payments. I was finally contacted and provided with a plan of resolution from the Lender and in good faith I started making payments again. However two months later the again they have not followed though with providing me with the info that I need to get the vehicle correctly registered in my name. So again I have stopped making payment. since I have been bombarded with robot-calls, calls from first investors harassing emails, they have even been sending people out to my home and talking to my neighbors, friends and family. telling people that I\'m behind on my auto-loan! all I wanted is to do was to follow the law and get my car registered in my name. Can you please get them to stop harassing me and talking to my family, friends and neighbors about my finances?
I have a harassing debt collection agency that has called me 2 xs. the first the guy doesn\'t say who he is or from who. just says he can serve me papers for a court case and also says he will come to my home or job and also garnish my wages left on voice mail.. the next call was today around 1:36 pm says he will sue me if I don\'t call back but no name or company name left on voice mail his # 1s 1-888-704-0250
ARA and associates have called my family and co-workers and disclosed to them that I have debt from a client of theirs even though they have my contact information. On 6/27/23 their senior paralegal contacted me and left messages without disclosing her agency\'s name or telling me that her call was an attempt to collect a debt. They told my coworkers and me they will sue me and garnish my wages. They threatened to continue to call my workplace and serve me with a warrant at my job.
My company was using Synchrony for merchant financing. In April 2023, they did an bank withdrawal for $6500 without permission or explanation. When I finally received an explanation, the person said it or a Care Credit debt from a medical practice I used to manage. The practice had been closed for 2 year due to the doctors death. Communication with their \"special client review\" have not help with the last emailing stating \"we would have to receive a subpoena before we could provide you with a copies. (contract)\". I feel there this is fraud because the companies are not related and in different states. Can you help?
a debt collector from Marathon Legal is threatening to serve me papers and take me to court. threatened to freeze my accounts, take my tax returns and put liens on my vehicles that I owe on. This debt is from 2010
Got an email/letter saying,\"Due to non-payment, your serviced by LendingPoint account has been assigned to the Pre-Legal department and is eligible to be referred to a law firm for a review of possible legal options by an attorney.
I am willing to work with you on a discounted settlement or payment arrangement to prevent the possible legal review by an attorney but I need you to contact me.
Please call me as soon as possible to discuss the available payment options... Loan is for a loan I got in 2020 during the pandemic and now im a student and I don\'t make enough to pay it back and ive told them this. I keep getting calls and letters like this and I am tired of it. I don\'t know what to do or if I am actually being sued. Today, I got a call from a supposed law firm saying \"good luck\", but I haven\'t actually been physically served something. Im so confused.
Williams and fudge will not stop harassing me and a 3rd party family member.
I have a potential referral regarding Tesla Solar Panels.
Aug 30 2023.l leased 4 tires thru Flexshopper, they stated in Nov 2023 the Mavis Tire 1901 Texas Ave Lubbock Texas was.to give a price reduction, they did not. Also I never saw the lease agreement and neber wasmone sent.
$85 a weeknfor 52.weeks, nut the cost was 2200 been paying from Sept.4 2023.to Jan 20 2024 plus paid $600 down.
I must now pay for 52 more weeks, this is robbery.
The total now is 4400 taljay must be paid.
Will you be able to help me please?
Neither, Flexshppper or Mavis tires will help.
Lea.Ramsey
I\'m going to ask that you kindly remove our name, Rapid Response Judgment Enforcement from your website as we do not align with nor have the same practice measures as the predatory debt collectors you go after for wrongful debt collection. We fully investigate unsatisfied civil court ordered judgments that have not been paid. We do not buy bulk portfolios of debt of which a large margin has most likely been paid off. We scrutinize every case we look to enforce against. With that said, I\'m now asking a second time to kindly remove our company from your website as we are a post-judgment litigation investment firm and not merely a debt collection firm. With any questions, feel free to give me a call to further discuss but again, I\'m asking for a second time to remove our company name from your website. Thank you.
Sincerely,
Todd Garrett
When I was looking up a phone number this law firm showed up anyways I received a call from a woman at 866-291-6365. She had a very aggressive tone she didn’t saw who she was or who she was with she just said she wanted me to verify my address when I declined she was more threatening and said she had my social security number on file and could use it. I told her I didn’t want to give her any of my personal information and she hung up on me. When she called I was at an appointment with my sick child and I really do not wish to receive threatening calls with my children
Myself and my family have been recieving calls from someone named Elizabeth from Wellington. she keeps asking to confirm my location. the calls appear to be from a debt collector but she has not identified herself as a debt collector and this company is not showing on any of by credit reports.
They obviously have my number and keep calling my husband father mother and brother
My family is receiving debt collection calls regarding a debt that I apparently owe. I have not received a phone call or mail from the debt collector, but my family is receiving calls.
Santander sent me a \"Limited Time Settlement Offer Available\" letter. I have a total balance of $53,593.85 and still in possession of the vehicle even though months have passed and they have not picked it up. What are my options of settlement for a lower amounts with a payment plan and keeping the vehicle?
I was involved in a car accident almost 4 months ago and was driving without insurance. I recently received notice from AFNI, that I owe them $27,000 I do not have that kind of money on me at all, I am willing to settle for less or even fight the case, as the collision was not my fault.
I have an email from Richard T Avis, Attorney & Associates, LLC about outstanding payment from a company who never got back in touch with me after I sent multiple emails about a scam and have been disputing the charges with my bank, for which I disclosed to said company. Interested to connect and determine my options. Thank you in advance!
Hello! We have an account with Cinch Home Services Inc. One of our AC units stopped working in July 2024. We had the AC units from the time we bought the house new 5 years ago. The Ac in question worked fine all these years. Cinch sent 3 technicians over the course of 10 days. Finally said the problem was because of leaking evaporator coil. It pulled out some clause in the contract and refused to cover the cost of replacement of the coil, about $3200. We can refute that.
Can you please help? Thank you!
Alliance Mediation Group is harassing me for a debt. I want to discuss and cease this harassment. Feel free to contact me. Thank you
Genesis Credit Management is reporting on my credit reports that I owe $2,800 in damages to a House I rented. They refuse to send me sufficient evidence of these damages, receipts of repairs, dates of repairs, etc, the contract they claim to exist of me agreeing to pay this balance (which doesn\'t exist) and they\'re adding interest. I have move out photos and video that show the home near spotless clean and no damages related to their claims.
premier bank trying to collect a debt with a misleading calls
I own a company in Texas and i am being harassed by Mark Stevens at Tucker Albin. He is texting my wife as well, who is not part of the company nor a guarantor. And threatening to file suit and report to our credit agencies. I\'ve asked him for time to do due diligence and he wrote back \"I have noted that you refuse to pay\" He calls, texts, emails numerous times per day.
Hello Mike, need some help.. National Service Bureau send me a letter of \"notice of insurance claim\", owning 3,140.12. I want to know what to do, thank you.
NELSON WATSON HARRASSING ME @ MY PLACE OF EMPLOYMENT. CALLING MY WORK PHONE DIRECTLY ONCE A WEEK FOR THE PAST 4 WEEKS, AFTER I TELL THEM THIS IS MY PLACE OF EMPLOYMENT.
I was just served twice for a debt from Huntington Debt Holding. I am certain that I paid this debt to the original creditor and when I tried to contact them I was told that they couldn’t talk to me about the debt. I was given ten day to answer the court and I asked them to prove that I owe this debt. I had not received any prior correspondence from Huntington about this, but they have two notices that wasn’t sent to me and the 2nd is a duplicate of the 1st statement with the same date.. I am unemployed at this time and if I owed this I would have paid them. The bill of sale doesn’t have my name or account number on it.
At&t wrongfully billing me.
Hello, I’m being sued by Navient Corporation for private student loans and my court date for pre-trial is July 18th 2025 in Williamson County in Taylor Texas. I have Legal Shield but they have failed to find me a lawyer in their network to help me. Was inquiring if you would be able to assist me. Thank you.
I need help dealing with Exeter finance company their over charging hiding fees the price of the car going up instead of down
I booked a 3 bedroom flat on booking.com in London this summer (hottest days of the summer) that was described as having Air Conditioning. Upon arriving, the air was off. I turned them on, but they were not blowing cold air, so I immediately contacted the manager. They stated they would send someone, but it was late so it would be the next day. We could not stay in the heat, so we booked 3 hotel rooms nearby.
The next day we were gone most of the day but the manager said that several in the building had complained and that a maintenance person was working on it. When we returned it was still hot and we could not get a reply from the manager in time, so I again booked 3 hotel rooms.
By the third night, the manager had said there had not been an issue with the AC (even though he previously said other tenants had complained) and then stopped replying. I had been in contact with booking.com throughout the process and they said they were working with him, but that I needed to contact him directly since we were on site.
Eventually, I kept requesting a refund from booking.com, but they would not comply because the manager did not agree, even though I had forwarded all communication and had proof of our attempts. They offered less than 10% credit as a courtesy but would not remedy the situation. I spent well over $3,000 in replacement hotels for the inconvenience, which was more than my booking of this flat. I was only asking for a refund (Full, but would accept partial) but they would not do anything more.
Deceptive business practices breach of contract submitting false payment status on loans during pandemic and manipulating credit reports to hide false payment report status after I asked them to stop I documented and can walk tru the process of how loanmart attempts to steal from consumer using state elt laws and deceptive business practices breach of contract and lies the false payment information and other things they do to harm me specifically am considering whistle blowing to IRS and sec since they think they are not going to respond or provide redress fir their actions
Booking.com fraudulent charges.
