Debt Collectors in Texas: How to Use FDCPA Rights to Stop Harassment and Protect Your Credit

Subtitle: Learn how FDCPA and Texas law protect you from abusive debt collectors so you can stop harassment, control calls, and fight unlawful collection.

If your phone won’t stop ringing, letters keep threatening “legal action,” or a collector is talking to your family or job, you’re not alone. Many Texans don’t realize that federal and Texas laws strictly limit what debt collectors can say, when they can call, and how they can treat you. Once you understand your rights, the power shifts back to you.

Debt Collection in Texas: When a “Bill Reminder” Becomes Illegal Pressure

Debt collection is legal; abuse is not. The Fair Debt Collection Practices Act (FDCPA) is a
federal law that regulates third-party debt collectors and some debt buyers. In Texas, it works
alongside the Texas Debt Collection Act (TDCA), which adds extra protections and applies to
a broader set of collectors and creditors.

Key protections you have under FDCPA + Texas law:

• No harassment: no repetitive calls to annoy you, profanity, threats of violence, or yelling.
• No false threats: they cannot lie about lawsuits, arrests, criminal charges, or garnishments they cannot legally do.
• No deceptive claims: no fake “attorney” letters or pretending to be the government or a court.
• Limited contact: restrictions on contacting you at work, at odd hours, or discussing your debt with others.
• Truthful balances: they must not misrepresent what you owe, fees, or interest.

Legal Muscle: How FDCPA and Texas Debt Collection Act Work for You

Understanding the legal framework turns vague “rights” into real leverage.

FDCPA (Federal):

• Applies to third-party collectors and certain debt buyers collecting personal debts
  (credit cards, medical, auto loans, some mortgages, etc.).
• Bars harassment, abuse, false statements, unfair practices, and contact at inconvenient times
  (generally before 8 a.m. or after 9 p.m. local time).
• Restricts communication with third parties (family, neighbors, employer) except limited location information.
• Requires validation notices with key information about the debt and your dispute rights.
• Violations can lead to statutory damages (up to $1,000 per action), actual damages,
  plus reasonable attorney’s fees and costs.

Texas Debt Collection Act (TDCA):

• Prohibits threats, coercion, harassment, abuse, and fraudulent or misleading representations in collecting consumer debts.
• Prohibits using false credit information, wrongful threats of arrest, seizure, or suits, and misrepresenting amounts owed.
• May apply to original creditors and in-state collectors, creating broader coverage than FDCPA.
• Allows consumers to seek injunctive relief, damages, attorney’s fees, and sometimes tie into
  the Texas Deceptive Trade Practices Act for enhanced remedies.

Practical Playbook: How to Respond to Debt Collectors Step by Step

Here’s how to turn non-stop calls and scary letters into a documented record that protects you.

1. Stay calm & document everything.
   • Write down dates, times, numbers, names, and what was said.
   • Save all letters, voicemails, texts, and envelopes.
2. Confirm who is contacting you.
   • Ask: company name, mailing address, original creditor, account number, and amount claimed.
3. Use your validation rights.
   • Within about 5 days of first contact, they must send a validation notice with debt details and your right to dispute.
   • Send a written dispute within 30 days if you question the debt; they must stop collection until they verify.
4. Control communication.
   • If calls are disruptive, send a written request to stop calling at work or to limit contact to mail.
   • You may send a “cease communications” letter (note: debt may then move to lawsuit stage—get legal advice first).
5. Check the statute of limitations.
   • Old debts may be time-barred; careless “partial payments” can revive them. Understand the risk before paying.
6. Escalate abuses.
   • For threats, lies, or harassment, speak with a Texas consumer rights/FDCPA attorney.
   • Complaints can also be filed with CFPB, Texas Attorney General, or regulators—backed by your records.

Advanced Protections: Credit Reporting, Settlements & Litigation Risks

Some situations need more technical handling—especially when credit reports and lawsuits are involved.

• False credit reporting: If a collector reports inaccurate information to credit bureaus, this may violate both FDCPA/TDCA and the FCRA, opening up additional claims.
• Misstated balances & junk fees: Adding unauthorized fees or misstating amounts owed can be an “unfair” or “false” practice.
• Threatening actions they can’t take: Threats of arrest, criminal charges, or immediate garnishment are classic FDCPA/TDCA violations.
• Settlements in writing: Any deal (lump sum or payment plan) should be clearly documented, specifying that the amount resolves the debt and any reporting terms.
• Lawsuit defense: If sued, respond by the deadline; failing to answer can lead to default judgments even on questionable debts.
• Attorney involvement: Once you are represented, collectors must usually talk to your lawyer—not you—reducing pressure and confusion.

Examples / Short Models

Example 1 – Harassing Calls
A Texas consumer receives 8 calls a day with threats of arrest.
A lawyer sues under FDCPA and TDCA; the case settles for money damages and cleared reporting.

Example 2 – Wrong Person
Collector chases the wrong “Maria” for a payday loan.
She sends a written dispute and identity documents; collection stops and no negative tradeline appears.

Example 3 – Time-Barred Debt
Collector demands payment on a very old credit card.
After legal review, consumer refuses to pay and documents misleading threats about lawsuits,
supporting an FDCPA/TDCA claim.

Common Mistakes to Avoid

• Agreeing to pay over the phone without written validation or checking if the debt is time-barred.
• Ignoring collection lawsuits and letting default judgments happen.
• Relying on verbal promises instead of written settlement agreements.
• Sharing banking details or debit authorizations with aggressive callers you haven’t verified.
• Using “credit repair” or letter mills that send fake disputes and create new problems.

Conclusion: You Don’t Have to Tolerate Abuse—Use Your Rights to Regain Control

Debt collectors count on fear, confusion, and silence. The FDCPA and Texas Debt Collection Act give
you powerful tools to stop harassment, correct false claims, and negotiate from a position of
knowledge instead of panic. With clear documentation, targeted written disputes, and—when needed—
a Texas consumer rights attorney on your side, you can protect your dignity, your credit, and your
future.

If you’re receiving abusive calls, misleading letters, or threats that don’t feel right, don’t wait.
Reach out to a qualified Texas FDCPA attorney or legal aid program to review your situation and turn
those violations into leverage in your favor.