Can anyone advise on Texas internet PDL loans?!

FINANCE CODE

CHAPTER 392. DEBT COLLECTION

SUBCHAPTER A. GENERAL PROVISIONS


???? 392.001. DEFINITIONS. In this chapter:
(1) "Consumer" means an individual who has a consumer
debt.
(2) "Consumer debt" means an obligation, or an alleged
obligation, primarily for personal, family, or household purposes
and arising from a transaction or alleged transaction.
(3) "Creditor" means a party, other than a consumer,
to a transaction or alleged transaction involving one or more
consumers.
(4) "Credit bureau" means a person who, for
compensation, gathers, records, and disseminates information
relating to the creditworthiness, financial responsibility, and
paying habits of, and similar information regarding, a person for
the purpose of furnishing that information to another person.
(5) "Debt collection" means an action, conduct, or
practice in collecting, or in soliciting for collection, consumer
debts that are due or alleged to be due a creditor.
(6) "Debt collector" means a person who directly or
indirectly engages in debt collection and includes a person who
sells or offers to sell forms represented to be a collection system,
device, or scheme intended to be used to collect consumer debts.
(7) "Third-party debt collector" means a debt
collector, as defined by 15 U.S.C. Section 1692a(6), but does not
include an attorney collecting a debt as an attorney on behalf of
and in the name of a client unless the attorney has nonattorney
employees who:
(A) are regularly engaged to solicit debts for
collection; or
(B) regularly make contact with debtors for the
purpose of collection or adjustment of debts.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, ???? 7.42, eff. Sept. 1, 1999.

SUBCHAPTER B. SURETY BOND


???? 392.101. BOND REQUIREMENT. (a) A third-party debt
collector or credit bureau may not engage in debt collection unless
the third-party debt collector or credit bureau has obtained a
surety bond issued by a surety company authorized to do business in
this state as prescribed by this section. A copy of the bond must be
filed with the secretary of state.
(b) The bond must be in favor of:
(1) any person who is damaged by a violation of this
chapter; and
(2) this state for the benefit of any person who is
damaged by a violation of this chapter.
(c) The bond must be in the amount of $10,000.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.102. CLAIM AGAINST BOND. A person who claims
against a bond for a violation of this chapter may maintain an
action against the third-party debt collector or credit bureau and
against the surety. The aggregate liability of the surety to all
persons damaged by a violation of this chapter may not exceed the
amount of the bond.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.

SUBCHAPTER C. INFORMATION IN FILES OF CREDIT BUREAU OR DEBT
COLLECTOR


???? 392.201. REPORT TO CONSUMER. Not later than the 45th
day after the date of the request, a credit bureau shall provide to
a person in its registry a copy of all information contained in its
files concerning that person.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR
CREDIT BUREAU'S FILES. (a) An individual who disputes the
accuracy of an item that is in a third-party debt collector's or
credit bureau's file on the individual and that relates to a debt
being collected by the third-party debt collector may notify in
writing the third-party debt collector of the inaccuracy. The
third-party debt collector shall make a written record of the
dispute. If the third-party debt collector does not report
information related to the dispute to a credit bureau, the
third-party debt collector shall cease collection efforts until an
investigation of the dispute described by Subsections (b)-(e)
determines the accurate amount of the debt, if any. If the
third-party debt collector reports information related to the
dispute to a credit bureau, the reporting third-party debt
collector shall initiate an investigation of the dispute described
by Subsections (b)-(e) and shall cease collection efforts until the
investigation determines the accurate amount of the debt, if any.
This section does not affect the application of Chapter 20,
Business & Commerce Code, to a third-party debt collector subject
to that chapter.
(b) Not later than the 30th day after the date a notice of
inaccuracy is received, a third-party debt collector who initiates
an investigation shall send a written statement to the individual:
(1) denying the inaccuracy;
(2) admitting the inaccuracy; or
(3) stating that the third-party debt collector has
not had sufficient time to complete an investigation of the
inaccuracy.
(c) If the third-party debt collector admits that the item
is inaccurate under Subsection (b), the third-party debt collector
shall:
(1) not later than the fifth business day after the
date of the admission, correct the item in the relevant file; and
(2) immediately cease collection efforts related to
the portion of the debt that was found to be inaccurate and on
correction of the item send, to each person who has previously
received a report from the third-party debt collector containing
the inaccurate information, notice of the inaccuracy and a copy of
an accurate report.
(d) If the third-party debt collector states that there has
not been sufficient time to complete an investigation, the
third-party debt collector shall immediately:
(1) change the item in the relevant file as requested
by the individual;
(2) send to each person who previously received the
report containing the information a notice that is equivalent to a
notice under Subsection (c) and a copy of the changed report; and
(3) cease collection efforts.
(e) On completion by the third-party debt collector of the
investigation, the third-party debt collector shall inform the
individual of the determination of whether the item is accurate or
inaccurate. If the third-party debt collector determines that the
information was accurate, the third-party debt collector may again
report that information and resume collection efforts.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 851, ???? 1, eff. Sept. 1, 2003.

SUBCHAPTER D. PROHIBITED DEBT COLLECTION METHODS


???? 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.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.302. HARASSMENT; ABUSE. In debt collection, a
debt collector may not oppress, harass, or abuse a person by:
(1) using profane or obscene language or language
intended to abuse unreasonably the hearer or reader;
(2) placing telephone calls without disclosing the
name of the individual making the call and with the intent to annoy,
harass, or threaten a person at the called number;
(3) causing a person to incur a long distance
telephone toll, telegram fee, or other charge by a medium of
communication without first disclosing the name of the person
making the communication; or
(4) causing a telephone to ring repeatedly or
continuously, or making repeated or continuous telephone calls,
with the intent to harass a person at the called number.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.303. UNFAIR OR UNCONSCIONABLE MEANS. (a) In debt
collection, a debt collector may not use unfair or unconscionable
means that employ the following practices:
(1) seeking or obtaining a written statement or
acknowledgment in any form that specifies that a consumer's
obligation is one incurred for necessaries of life if the
obligation was not incurred for those necessaries;
(2) collecting or attempting to collect interest or a
charge, fee, or expense incidental to the obligation unless the
interest or incidental charge, fee, or expense is expressly
authorized by the agreement creating the obligation or legally
chargeable to the consumer; or
(3) collecting or attempting to collect an obligation
under a check, draft, debit payment, or credit card payment, if:
(A) the check or draft was dishonored or the
debit payment or credit card payment was refused because the check
or draft was not drawn or the payment was not made by a person
authorized to use the applicable account;
(B) the debt collector has received written
notice from a person authorized to use the account that the check,
draft, or payment was unauthorized; and
(C) the person authorized to use the account has
filed a report concerning the unauthorized check, draft, or payment
with a law enforcement agency, as defined by Article 59.01, Code of
Criminal Procedure, and has provided the debt collector with a copy
of the report.
(b) Notwithstanding Subsection (a)(2), a creditor may
charge a reasonable reinstatement fee as consideration for renewal
of a real property loan or contract of sale, after default, if the
additional fee is included in a written contract executed at the
time of renewal.
(c) Subsection (a)(3) does not prohibit a debt collector
from collecting or attempting to collect an obligation under a
check, draft, debit payment, or credit card payment if the debt
collector has credible evidence, including a document, video
recording, or witness statement, that the report filed with a law
enforcement agency, as required by Subsection (a)(3)(C), is
fraudulent and that the check, draft, or payment was authorized.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.

Amended by:
Acts 2005, 79th Leg., Ch. 505, ???? 1, eff. September 1, 2005.


???? 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING
REPRESENTATIONS. (a) Except as otherwise provided by this
section, in debt collection or obtaining information concerning a
consumer, a debt collector may not use a fraudulent, deceptive, or
misleading representation that employs the following practices:
(1) using a name other than the:
(A) true business or professional name or the
true personal or legal name of the debt collector while engaged in
debt collection; or
(B) name appearing on the face of the credit card
while engaged in the collection of a credit card debt;
(2) failing to maintain a list of all business or
professional names known to be used or formerly used by persons
collecting consumer debts or attempting to collect consumer debts
for the debt collector;
(3) representing falsely that the debt collector has
information or something of value for the consumer in order to
solicit or discover information about the consumer;
(4) failing to disclose clearly in any communication
with the debtor the name of the person to whom the debt has been
assigned or is owed when making a demand for money;
(5) in the case of a third-party debt collector,
failing to disclose, except in a formal pleading made in connection
with a legal action:
(A) that the communication is an attempt to
collect a debt and that any information obtained will be used for
that purpose, if the communication is the initial written or oral
communication between the third-party debt collector and the
debtor; or
(B) that the communication is from a debt
collector, if the communication is a subsequent written or oral
communication between the third-party debt collector and the
debtor;
(6) using a written communication that fails to
indicate clearly the name of the debt collector and the debt
collector's street address or post office box and telephone number
if the written notice refers to a delinquent consumer debt;
(7) using a written communication that demands a
response to a place other than the debt collector's or creditor's
street address or post office box;
(8) misrepresenting the character, extent, or amount
of a consumer debt, or misrepresenting the consumer debt's status
in a judicial or governmental proceeding;
(9) representing falsely that a debt collector is
vouched for, bonded by, or affiliated with, or is an
instrumentality, agent, or official of, this state or an agency of
federal, state, or local government;
(10) using, distributing, or selling a written
communication that simulates or is represented falsely to be a
document authorized, issued, or approved by a court, an official, a
governmental agency, or any other governmental authority or that
creates a false impression about the communication's source,
authorization, or approval;
(11) using a seal, insignia, or design that simulates
that of a governmental agency;
(12) representing that a consumer debt may be
increased by the addition of attorney's fees, investigation fees,
service fees, or other charges if a written contract or statute does
not authorize the additional fees or charges;
(13) representing that a consumer debt will definitely
be increased by the addition of attorney's fees, investigation
fees, service fees, or other charges if the award of the fees or
charges is subject to judicial discretion;
(14) representing falsely the status or nature of the
services rendered by the debt collector or the debt collector's
business;
(15) using a written communication that violates the
United States postal laws and regulations;
(16) using a communication that purports to be from an
attorney or law firm if it is not;
(17) representing that a consumer debt is being
collected by an attorney if it is not;
(18) representing that a consumer debt is being
collected by an independent, bona fide organization engaged in the
business of collecting past due accounts when the debt is being
collected by a subterfuge organization under the control and
direction of the person who is owed the debt; or
(19) using any other false representation or deceptive
means to collect a debt or obtain information concerning a
consumer.
(b) Subsection (a)(4) does not apply to a person servicing
or collecting real property first lien mortgage loans or credit
card debts.
(c) Subsection (a)(6) does not require a debt collector to
disclose the names and addresses of employees of the debt
collector.
(d) Subsection (a)(7) does not require a response to the
address of an employee of a debt collector.
(e) Subsection (a)(18) does not prohibit a creditor from
owning or operating a bona fide debt collection agency.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 851, ???? 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., 3rd C.S., ch. 3, ???? 28.01, eff. Jan. 11, 2004.


???? 392.305. DECEPTIVE USE OF CREDIT BUREAU NAME. A
person may not use "credit bureau," "retail merchants," or "retail
merchants association" in the person's business or trade name
unless:
(1) the person is engaged in gathering, recording, and
disseminating information, both favorable and unfavorable,
relating to the creditworthiness, financial responsibility, and
paying habits of, and similar information regarding, persons being
considered for credit extension so that a prospective creditor can
make a sound decision in the extension of credit; or
(2) the person is a nonprofit retail trade association
that:
(A) consists of individual members;
(B) qualifies as a bona fide business league as
defined by the United States Internal Revenue Service; and
(C) does not engage in the business of debt
collection or credit reporting.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.306. USE OF INDEPENDENT DEBT COLLECTOR. A
creditor may not use an independent debt collector if the creditor
has actual knowledge that the independent debt collector repeatedly
or continuously engages in acts or practices that are prohibited by
this chapter.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.

SUBCHAPTER E. DEFENSE, CRIMINAL PENALTY, AND CIVIL REMEDIES


???? 392.401. BONA FIDE ERROR. A person does not violate
this chapter if the action complained of resulted from a bona fide
error that occurred notwithstanding the use of reasonable
procedures adopted to avoid the error.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.402. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $100 or more than $500 for each
violation.
(c) A misdemeanor charge under this section must be filed
not later than the first anniversary of the date of the alleged
violation.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.403. CIVIL REMEDIES. (a) A person may sue for:
(1) injunctive relief to prevent or restrain a
violation of this chapter; and
(2) actual damages sustained as a result of a
violation of this chapter.
(b) A person who successfully maintains an action under
Subsection (a) is entitled to attorney's fees reasonably related to
the amount of work performed and costs.
(c) On a finding by a court that an action under this section
was brought in bad faith or for purposes of harassment, the court
shall award the defendant attorney's fees reasonably related to the
work performed and costs.
(d) If the attorney general reasonably believes that a
person is violating or is about to violate this chapter, the
attorney general may bring an action in the name of this state
against the person to restrain or enjoin the person from violating
this chapter.
(e) A person who successfully maintains an action under this
section for violation of Section 392.101, 392.202, or 392.301(a)(3)
is entitled to not less than $100 for each violation of this
chapter.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.


???? 392.404. REMEDIES UNDER OTHER LAW. (a) A violation
of this chapter is a deceptive trade practice under Subchapter E,
Chapter 17, Business & Commerce Code, and is actionable under that
subchapter.
(b) This chapter does not affect or alter a remedy at law or
in equity otherwise available to a debtor, creditor, governmental
entity, or other legal entity.

Acts 1997, 75th Leg., ch. 1008, ???? 1, eff. Sept. 1, 1997.

Originally Posted by Anonymous

i was wondering if anyone could help me. i have a couple pdl companies that i have defaulted with calling and threatening. they say that if i don't send the money by x amount of time a law enforcement officer will be sent to my residence or job to arrest me. what can i do?