What recourse is available to a consumer for fraudulent or abusive collection practices?
The secretary of state does not have enforcement or regulatory powers and cannot take actions against debt collectors. However, debt collectors are governed by the Texas Debt Collection Act (chapter 392 of the Finance Code). The Act provides for both criminal and civil penalties for violations of the Act. In addition, a violation of the Act is considered to be a deceptive trade practice which gives the Texas attorney general authority to take action in the public interest. Contact the attorney general on their website or by calling 1-800-621-0508. You may also report any problems that you have with a debt collector to the Federal Trade Commission which has authority to take action against a debt collector who violates the federal Fair Debt Collection Practices Act. Complaints with the FTC may be filed online or by calling 1-877-382-4357. Consumers may also wish to file a complaint with the Better Business Bureau.
