bill requiring debt collectors to include a rights notice

The text as introduced · 364 words

89R10091 SCR-D

By: Simmons
H.B. No. 3002

A BILL TO BE ENTITLED

AN ACT

relating to requiring debt collectors to provide certain

disclosures to consumers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 392, Finance Code, is amended by adding

Subchapter D-1 to read as follows:

SUBCHAPTER D-1. REQUIRED CONSUMER DISCLOSURES

Sec. 392.351. DEFINITIONS. In this subchapter, "consumer

reporting agency" and "consumer report" have the meanings assigned

by Section 20.01, Business & Commerce Code.

Sec. 392.352. REQUIRED CONSUMER DISCLOSURES FOR WRITTEN

COMMUNICATIONS BY DEBT COLLECTORS. (a) A debt collector shall

include with any written communication with a consumer relating to

debt collection a written notice disclosing to the consumer:

(1) a summary of the consumer's rights, protections,

and remedies under:

(A) the Fair Debt Collection Practices Act (15

U.S.C. Section 1692 et seq.), including:

(i) the consumer's right to request debt

validation;

(ii) the consumer's right to request in

writing that the debt collector cease further communication with

the consumer; and

(iii) restrictions governing a debt

collector's ability to contact a consumer concerning a debt; and

(B) this chapter, including the prohibited debt

collection methods under Subchapter D; and

(2) whether the creditor to whom the consumer debt is

owed is amenable to entering into a settlement agreement with the

consumer under which the consumer agrees to pay all or part of the

debt and the creditor agrees to cease collection efforts and take

necessary action to have a consumer reporting agency remove

negative information regarding the debt from the consumer's

consumer report.

(b) The attorney general may make available on the attorney

general's Internet website a notice that:

(1) complies with Subsection (a); and

(2) may be downloaded or copied by a debt collector for

inclusion with any written communications sent by the debt

collector to a consumer.

Sec. 392.353. REQUIRED DISCLOSURE OF INTERNET LINK IN

ELECTRONIC COMMUNICATIONS BY DEBT COLLECTORS. A debt collector

that sends an electronic communication to a consumer in an attempt

to collect a debt shall include with the communication a link to the

attorney general's Internet website page about consumers' debt

collection rights.

SECTION 2. This Act takes effect September 1, 2025.