| 1 | 1 | | 89R10091 SCR-D |
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| 2 | 2 | | By: Simmons H.B. No. 3002 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requiring debt collectors to provide certain |
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| 10 | 10 | | disclosures to consumers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 392, Finance Code, is amended by adding |
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| 13 | 13 | | Subchapter D-1 to read as follows: |
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| 14 | 14 | | SUBCHAPTER D-1. REQUIRED CONSUMER DISCLOSURES |
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| 15 | 15 | | Sec. 392.351. DEFINITIONS. In this subchapter, "consumer |
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| 16 | 16 | | reporting agency" and "consumer report" have the meanings assigned |
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| 17 | 17 | | by Section 20.01, Business & Commerce Code. |
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| 18 | 18 | | Sec. 392.352. REQUIRED CONSUMER DISCLOSURES FOR WRITTEN |
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| 19 | 19 | | COMMUNICATIONS BY DEBT COLLECTORS. (a) A debt collector shall |
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| 20 | 20 | | include with any written communication with a consumer relating to |
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| 21 | 21 | | debt collection a written notice disclosing to the consumer: |
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| 22 | 22 | | (1) a summary of the consumer's rights, protections, |
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| 23 | 23 | | and remedies under: |
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| 24 | 24 | | (A) the Fair Debt Collection Practices Act (15 |
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| 25 | 25 | | U.S.C. Section 1692 et seq.), including: |
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| 26 | 26 | | (i) the consumer's right to request debt |
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| 27 | 27 | | validation; |
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| 28 | 28 | | (ii) the consumer's right to request in |
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| 29 | 29 | | writing that the debt collector cease further communication with |
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| 30 | 30 | | the consumer; and |
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| 31 | 31 | | (iii) restrictions governing a debt |
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| 32 | 32 | | collector's ability to contact a consumer concerning a debt; and |
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| 33 | 33 | | (B) this chapter, including the prohibited debt |
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| 34 | 34 | | collection methods under Subchapter D; and |
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| 35 | 35 | | (2) whether the creditor to whom the consumer debt is |
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| 36 | 36 | | owed is amenable to entering into a settlement agreement with the |
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| 37 | 37 | | consumer under which the consumer agrees to pay all or part of the |
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| 38 | 38 | | debt and the creditor agrees to cease collection efforts and take |
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| 39 | 39 | | necessary action to have a consumer reporting agency remove |
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| 40 | 40 | | negative information regarding the debt from the consumer's |
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| 41 | 41 | | consumer report. |
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| 42 | 42 | | (b) The attorney general may make available on the attorney |
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| 43 | 43 | | general's Internet website a notice that: |
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| 44 | 44 | | (1) complies with Subsection (a); and |
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| 45 | 45 | | (2) may be downloaded or copied by a debt collector for |
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| 46 | 46 | | inclusion with any written communications sent by the debt |
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| 47 | 47 | | collector to a consumer. |
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| 48 | 48 | | Sec. 392.353. REQUIRED DISCLOSURE OF INTERNET LINK IN |
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| 49 | 49 | | ELECTRONIC COMMUNICATIONS BY DEBT COLLECTORS. A debt collector |
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| 50 | 50 | | that sends an electronic communication to a consumer in an attempt |
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| 51 | 51 | | to collect a debt shall include with the communication a link to the |
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| 52 | 52 | | attorney general's Internet website page about consumers' debt |
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| 53 | 53 | | collection rights. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2025. |
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