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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring debt collectors to provide certain |
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disclosures to consumers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 392, Finance Code, is amended by adding |
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Subchapter D-1 to read as follows: |
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SUBCHAPTER D-1. REQUIRED CONSUMER DISCLOSURES |
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Sec. 392.351. DEFINITIONS. In this subchapter, "consumer |
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reporting agency" and "consumer report" have the meanings assigned |
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by Section 20.01, Business & Commerce Code. |
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Sec. 392.352. REQUIRED CONSUMER DISCLOSURES FOR WRITTEN |
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COMMUNICATIONS BY DEBT COLLECTORS. (a) A debt collector shall |
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include with any written communication with a consumer relating to |
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debt collection a written notice disclosing to the consumer: |
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(1) a summary of the consumer's rights, protections, |
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and remedies under: |
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(A) the Fair Debt Collection Practices Act (15 |
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U.S.C. Section 1692 et seq.), including: |
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(i) the consumer's right to request debt |
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validation; |
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(ii) the consumer's right to request in |
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writing that the debt collector cease further communication with |
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the consumer; and |
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(iii) restrictions governing a debt |
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collector's ability to contact a consumer concerning a debt; and |
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(B) this chapter, including the prohibited debt |
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collection methods under Subchapter D; and |
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(2) whether the creditor to whom the consumer debt is |
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owed is amenable to entering into a settlement agreement with the |
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consumer under which the consumer agrees to pay all or part of the |
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debt and the creditor agrees to cease collection efforts and take |
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necessary action to have a consumer reporting agency remove |
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negative information regarding the debt from the consumer's |
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consumer report. |
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(b) The attorney general may make available on the attorney |
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general's Internet website a notice that: |
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(1) complies with Subsection (a); and |
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(2) may be downloaded or copied by a debt collector for |
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inclusion with any written communications sent by the debt |
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collector to a consumer. |
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Sec. 392.353. REQUIRED DISCLOSURE OF INTERNET LINK IN |
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ELECTRONIC COMMUNICATIONS BY DEBT COLLECTORS. A debt collector |
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that sends an electronic communication to a consumer in an attempt |
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to collect a debt shall include with the communication a link to the |
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attorney general's Internet website page about consumers' debt |
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collection rights. |
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SECTION 2. This Act takes effect September 1, 2025. |