Got Sued for FDCPA Debt Collection Violations in Texas?

Then you need to know your rights and defenses under the FDCPA to properly defend the case and you need to retain a law firm with extensive experience in Fair Debt Collection Practices Act and Texas Debt Collection Practices Act litigation.

We have successfully litigated over a thousand Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act (TDCA) lawsuits in Texas including dozens of Class Action Lawsuits.

We Defend Collection Agencies from FDCPA lawsuits.

What is the Fair Debt Collection Practices Act or FDCPA?

The FDCPA is a consumer protection federal law that protects consumers from abusive debt collection practices and promotes fair debt collection by the Account Receivables Management “ARM” industry. The law covers only consumer debts (debts for personal, family, or household transactions) but does not provide protections for non-consumer debts.

Consumers have many rights under the FDCPA, such as a right to dispute the debt, a right to validate the debt, a right to have accurate information furnished to credit reporting agencies, a right to not be harassed or be provided false information in connection with an attempt to collect a debt, and a laundry list of several other prohibited deceptive practices.

What are the Penalties for Violating the FDCPA?

When a debt collector or debt buyer violates the FDCPA the penalties can add up quickly. The FDCPA allows a consumer to recover:

  • * $1,000.00 statutory violation
  • * Actual Damages
  • * Costs of the lawsuit
  • * Consumer’s Attorney’s fees
  • * Punitive Damages

Texas Debt Collection Act or TDCA?

The Texas Debt Collection Act or TDCA is the state’s version of the FDCPA and it is a much broader law. For example, under the FDCPA, only a third-party debt collector or debt buyer may be sued for violations. Whereas, under the TDCA an original creditor (lender) directly or indirectly can be sued for violations of the TDCA. There are similar violations and many additional statutory violations under the Texas Debt Collection Act such as bonding requirements, specific dispute validation requirements in addition to those set forth in the FDCPA.

What are the Penalties for Violating the TDCA?

If a debt collector (which can include original creditors and lenders) is found to violate the TDCA the consumer can recover:

  • * Not less than $100 in statutory damages
  • * Actual Damages
  • * Costs of the lawsuit
  • * Consumer’s Attorney’s fees
  • * Punitive Damages
  • * Injunctive Relief

What are the Defenses to a FDCPA or TDCA lawsuit?

The defenses to a FDCPA or TDCA lawsuit are limited since it is a strict liability statute and does not require intent. Your options and defenses are as follows:

  1. * The Bona Fide Error Defense
  2. * Attack the Complaint for Facial Deficiency
  3. * Attack the Evidence
  4. * Send out Discovery Requests to Ascertain Damages and Liability
  5. * Depose of Plaintiff to get further information
  6. * Counterclaim for Bad Faith lawsuit
  7. * Early Offers of Judgments to cap attorneys fees and damages

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(469) 589-5605