| 1 | 1 | | 81R4785 KFF-F |
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| 2 | 2 | | By: Thompson H.B. No. 1572 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the imposition of statutory damages against a debt |
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| 8 | 8 | | collector or third-party debt collector for improper debt |
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| 9 | 9 | | collection activities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 392.403(a) and (e), Finance Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A person may sue for: |
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| 14 | 14 | | (1) injunctive relief to prevent or restrain a |
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| 15 | 15 | | violation of this chapter; [and] |
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| 16 | 16 | | (2) actual damages sustained as a result of a |
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| 17 | 17 | | violation of this chapter; and |
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| 18 | 18 | | (3) statutory damages as described by Subsection (e). |
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| 19 | 19 | | (e) A debt collector or third-party debt collector who |
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| 20 | 20 | | violates this chapter with respect to a person is liable to that |
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| 21 | 21 | | person in an amount equal to [A person who successfully maintains an |
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| 22 | 22 | | action under this section for violation of Section 392.101, |
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| 23 | 23 | | 392.202, or 392.301(a)(3) is entitled to not less than] $100 for |
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| 24 | 24 | | each violation [of this chapter]. |
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| 25 | 25 | | SECTION 2. The changes in law made by this Act apply only to |
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| 26 | 26 | | a cause of action that accrues on or after the effective date of |
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| 27 | 27 | | this Act. A cause of action that accrues before the effective date |
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| 28 | 28 | | of this Act is governed by the law as it existed immediately before |
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| 29 | 29 | | the effective date of this Act, and the former law is continued in |
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| 30 | 30 | | effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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