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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of statutory damages against a debt |
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collector or third-party debt collector for improper debt |
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collection activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 392.403(a) and (e), Finance Code, are |
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amended to read as follows: |
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(a) A person may sue for: |
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(1) injunctive relief to prevent or restrain a |
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violation of this chapter; [and] |
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(2) actual damages sustained as a result of a |
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violation of this chapter; and |
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(3) statutory damages as described by Subsection (e). |
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(e) A debt collector or third-party debt collector who |
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violates this chapter with respect to a person is liable to that |
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person in an amount equal to [A person who successfully maintains an
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action under this section for violation of Section 392.101,
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392.202, or 392.301(a)(3) is entitled to not less than] $100 for |
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each violation [of this chapter]. |
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SECTION 2. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |