TDCA

Question 1

Is this a tie-in statute?

Answer 1

YES

Question 2

WHO IT APPLIES TO

Answer 2

WHO IT APPLIES TO

“Consumer debt”
- Personal, family, household

“Consumers” AND “persons” (extends to anyone harmed, not just the debtor)

“Debt collector”

• ANYONE COLLECTING A DEBT
• Broader than FDCPA

Question 3

WHAT IS PROHIBITED

Answer 3

WHAT IS PROHIBITED

• This list is EXCLUSIVE *

Threats or coercion

Harassment and abuse

Unfair unconscionable conduct

Fraud, deceit, misrepresentations

Question 4

WHAT IS PROHIBITED

Threats or coercion:

Answer 4

WHAT IS PROHIBITED

Threats or coercion

• Violence
• False accusations of a crime
• UNFOUNDED threats of arrest, property seizure, criminal charges
  
  • Collector CAN inform debtor of legitimate consequences of not paying the debt

Question 5

LIABILITY FOR ACTIONS OF ANOTHER COLLECTOR

A creditor may be liable for the actions of the debt collector they hire ONLY IF:

Answer 5

LIABILITY FOR ACTIONS OF ANOTHER COLLECTOR

A creditor may be liable for the actions of the debt collector they hire ONLY IF:
- Creditor KNOWS of collector’s conduct

Question 6

LIABILITY

Damages, etc.?

Answer 6

LIABILITY

Criminal penalty

• Misdemeanor
• $100 - $500 fine

Actual damages
- MINIMUM recovery of $100