Tex.
Fin. Code Section 392.301
Threats or Coercion
(a)
In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:(1)
using or threatening to use violence or other criminal means to cause harm to a person or property of a person;(2)
accusing falsely or threatening to accuse falsely a person of fraud or any other crime;(3)
representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;(4)
threatening to sell or assign to another the obligation of the consumer and falsely representing that the result of the sale or assignment would be that the consumer would lose a defense to the consumer debt or would be subject to illegal collection attempts;(5)
threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings;(6)
threatening to file a charge, complaint, or criminal action against a debtor when the debtor has not violated a criminal law;(7)
threatening that nonpayment of a consumer debt will result in the seizure, repossession, or sale of the person’s property without proper court proceedings; or(8)
threatening to take an action prohibited by law.(b)
Subsection (a) does not prevent a debt collector from:(1)
informing a debtor that the debtor may be arrested after proper court proceedings if the debtor has violated a criminal law of this state;(2)
threatening to institute civil lawsuits or other judicial proceedings to collect a consumer debt; or(3)
exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.
Source:
Section 392.301 — Threats or Coercion, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.392.htm#392.301 (accessed May 4, 2024).
