Texas Finance Code
§ 392.308 — CONSUMER VICTIM OF IDENTITY THEFT
FI § 392.308Title 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES · Ch. 392. DEBT COLLECTION · Art. D. PROHIBITED DEBT COLLECTION METHODS
Statute text
View on source(a)In this section, "identity theft" means:
(1)a violation of Section 521.051, Business & Commerce Code, or a substantially similar federal law or law in another state; or
(2)a criminal offense described by Section 32.51, Penal Code, or a substantially similar federal law or law in another state.
(b)This section does not apply to consumer debt that is a home loan, as defined by Chapter 343, or to the collection of a judgment already obtained.
(c)A creditor, debt collector, or third-party debt collector that receives from a consumer a court order issued under Section 521.103, Business & Commerce Code, or a substantially similar federal law or law in another state, declaring the consumer a victim of identity theft may not attempt to collect a consumer debt or a portion of consumer debt that is a result of the identity theft described by the court order.
(d)A creditor, debt collector, or third-party debt collector who receives notice that a consumer debt is a result of identity theft from a victim of identity theft in accordance with Subsection (c):
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Legislative history
Added by Acts 2025, 89th Leg., R.S., Ch. 453 (H.B. 4238), Sec. 1, eff. September 1, 2025.