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House Bill 628 |
House Author: Giddings et al. |
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Effective: 9-1-05 |
Senate Sponsor: Ellis |
House Bill 628 amends the Finance Code to prohibit a debt collector from collecting or attempting to collect an obligation under a check, draft, or debit or credit card payment if the instrument was dishonored or the payment was refused because the person initiating the transaction was not authorized to use the applicable account, the debt collector received written notice of the unauthorized use from a person authorized to use the account, and the authorized person filed a report with a law enforcement agency concerning the unauthorized use and provided a copy of the report to the debt collector. The bill does not prohibit a debt collector from collecting or attempting to collect the obligation or payment if the debt collector has credible evidence, including a document, a video recording, or a witness statement, that the report is fraudulent and the instrument or payment was authorized.