Texas Finance Code

§ 392.304 — FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS

FI § 392.304Title 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES · Ch. 392. DEBT COLLECTION · Art. D. PROHIBITED DEBT COLLECTION METHODS

Statute text

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(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;

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Legislative history

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 851, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 28.01, eff. Jan. 11, 2004.