Amend CSHB 7 by adding the following appropriately numbered
SECTION to the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ___. Section 392.304(a), Finance Code, as amended
by Chapter 851, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
(a) Except as otherwise provided by this section, in debt
collection or obtaining information concerning a consumer, a debt
collector may not use a fraudulent, deceptive, or misleading
representation that employs the following practices:
(1) using a name other than the:
(A) true business or professional name or the
true personal or legal name of the debt collector while engaged in
debt collection; or
(B) name appearing on the face of the credit card
while engaged in the collection of a credit card debt;
(2) failing to maintain a list of all business or
professional names known to be used or formerly used by persons
collecting consumer debts or attempting to collect consumer debts
for the debt collector;
(3) representing falsely that the debt collector has
information or something of value for the consumer in order to
solicit or discover information about the consumer;
(4) failing to disclose clearly in any communication
with the debtor the name of the person to whom the debt has been
assigned or is owed when making a demand for money;
(5) in the case of a third-party debt collector,
failing to disclose, except in a formal pleading made in connection
with a legal action:
(A) that the communication [debt collector] is an
attempt [attempting] to collect a debt and that any information
obtained will be used for that purpose, if the communication is the
initial written or oral communication between the third-party debt
collector and [with] the debtor; or
(B) that the communication is from a debt
collector, if the communication is a subsequent written or oral
communication between the third-party debt collector and [with] the
debtor;
(6) using a written communication that fails to
indicate clearly the name of the debt collector and the debt
collector's street address or post office box and telephone number
if the written notice refers to a delinquent consumer debt;
(7) using a written communication that demands a
response to a place other than the debt collector's or creditor's
street address or post office box;
(8) misrepresenting the character, extent, or amount
of a consumer debt, or misrepresenting the consumer debt's status
in a judicial or governmental proceeding;
(9) representing falsely that a debt collector is
vouched for, bonded by, or affiliated with, or is an
instrumentality, agent, or official of, this state or an agency of
federal, state, or local government;
(10) using, distributing, or selling a written
communication that simulates or is represented falsely to be a
document authorized, issued, or approved by a court, an official, a
governmental agency, or any other governmental authority or that
creates a false impression about the communication's source,
authorization, or approval;
(11) using a seal, insignia, or design that simulates
that of a governmental agency;
(12) representing that a consumer debt may be
increased by the addition of attorney's fees, investigation fees,
service fees, or other charges if a written contract or statute does
not authorize the additional fees or charges;
(13) representing that a consumer debt will definitely
be increased by the addition of attorney's fees, investigation
fees, service fees, or other charges if the award of the fees or
charges is subject to judicial discretion;
(14) representing falsely the status or nature of the
services rendered by the debt collector or the debt collector's
business;
(15) using a written communication that violates the
United States postal laws and regulations;
(16) using a communication that purports to be from an
attorney or law firm if it is not;
(17) representing that a consumer debt is being
collected by an attorney if it is not; [or]
(18) representing that a consumer debt is being
collected by an independent, bona fide organization engaged in the
business of collecting past due accounts when the debt is being
collected by a subterfuge organization under the control and
direction of the person who is owed the debt; or
(19) using any other false representation or deceptive
means to collect a debt or obtain information concerning a
consumer.