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89(R) HB 3002 - Introduced version - Bill Text
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.