Texas consumers who experience harassment, misrepresentation, or unfair treatment by debt collectors can file formal complaints through the Office of the Texas Attorney General (OAG) and the Consumer Financial Protection Bureau (CFPB). The process begins with identifying a violation of the Texas Debt Collection Act or the federal Fair Debt Collection Practices Act (FDCPA). In Texas, debt collectors are prohibited from using abusive language, making threats of arrest, or contacting consumers outside of the 8:00 a.m. to 9:00 p.m. window.
What Controls the Issue
Debt collection practices in Texas are primarily governed by the Texas Debt Collection Act (Texas Finance Code Chapter 392). Unlike federal law, which focuses largely on third-party agencies, the Texas Act applies to both third-party debt collectors and original creditors.
Additionally, the federal Fair Debt Collection Practices Act (FDCPA) provides a baseline of protection across the United States. If a collector violates these rules, the Texas Deceptive Trade Practices Act (DTPA) may also apply, allowing the Attorney General to take enforcement action. Third-party debt collectors in Texas are also required to file a surety bond with the Texas Secretary of State to operate legally in the state.
Confirmed Consumer Rights in Texas
Under current 2026 guidance from the Texas Attorney General, consumers have specific protections that, if violated, form the basis of a formal complaint:
- Contact Limitations: Collectors may only contact you between 8:00 a.m. and 9:00 p.m. local time.
- Harassment Prohibitions: The use of profane language, anonymous phone calls, or repeated ringing intended to annoy is illegal.
- Prohibited Threats: Collectors cannot threaten you with violence, arrest, or the repossession of property without proper legal proceedings. They cannot claim that non-payment will result in jail time.
- Wage Garnishment Limits: Texas law is exceptionally strict regarding wages. For ordinary consumer debt, a collector cannot garnish your wages. Garnishment is generally only permitted for court-ordered child support, back taxes, and defaulted federal student loans.
- Dispute Investigation: If you dispute a debt in writing, a third-party collector has 30 days to investigate the claim. If they cannot verify the debt, they must stop collection efforts and ensure the item is corrected.
What Does Not Control the Issue
It is important to distinguish debt collection complaints from other financial disputes. The Texas debt collector complaint process does not govern:
- Merchant Refunds: Standard return policies or "rights of retraction" for e-commerce purchases are not handled under debt collection laws.
- Credit Card Billing Errors: Disputes regarding unauthorized charges or billing mistakes on an active credit card are governed by the Fair Credit Billing Act, not the Texas Debt Collection Act.
- International Law: Despite the
.codomain of this site, Colombian consumer laws (such as those enforced by the SIC) do not apply to debt collection activities occurring within the jurisdiction of Texas.
How to File a Complaint
If a collector violates your rights, follow these steps to initiate the complaint process:
- Send a Cease or Dispute Letter: Before escalating to regulators, notify the collector in writing that you dispute the debt or wish for them to stop contacting you. Send this via certified mail with a return receipt requested.
- File with the Texas Attorney General: Use the OAG online complaint portal to report illegal tactics. The OAG investigates patterns of deceptive trade practices.
- Contact the OCCC: If the debt involves a lender licensed by the Texas Office of Consumer Credit Commissioner (such as a payday lender or auto title lender), file a complaint through their Consumer Assistance section.
- Submit a Federal Complaint: File a report with the Consumer Financial Protection Bureau (CFPB). The CFPB forwards your complaint to the company and works to get a response, typically within 15 days.
Evidence Checklist for Complaints
When filing a complaint, you should provide documented evidence to support your claim. Regulators require specific details to take action against a collection agency.
| Evidence Type | What to Include |
|---|---|
| Call Logs | Dates, exact times, and phone numbers of all incoming collection calls. |
| Written Notices | Copies of all letters received from the collector and copies of your responses. |
| Proof of Mailing | Certified mail receipts showing when the collector received your dispute. |
| Record of Threats | Specific notes on any threats of arrest, wage garnishment, or abusive language used. |
| Bond Verification | Note if you have verified the collector's surety bond status with the Texas Secretary of State. |
Practical Caveats
While official sources confirm the rights listed above, some details frequently cited in secondary legal commentaries are not explicitly detailed in the primary regulatory summaries for 2026:
- Bond Amount: Some secondary sources state the required surety bond for third-party collectors is exactly $10,000; however, you should verify the current filing status directly with the Texas Secretary of State.
- Statute of Limitations: While it is widely cited that creditors generally have four years to sue for debt in Texas under the Civil Practice and Remedies Code, this is a legal defense that must be raised in court and does not automatically stop a collector from contacting you unless you send a written cease request.
FAQ
Can a debt collector call me at work in Texas? A collector may call you at work unless they have reason to know your employer prohibits such calls. If you tell them (preferably in writing) that you cannot receive calls at work, they must stop.
Does filing a complaint erase my debt? No. Filing a complaint addresses the behavior of the collector. It does not determine the validity of the underlying debt or discharge your legal obligation to pay a valid debt.
What happens if a collector is not bonded? In Texas, third-party debt collectors must have a bond on file with the Secretary of State. Failure to have this bond while engaging in debt collection is a violation of the Texas Debt Collection Act and should be reported to the Attorney General.
Can I be arrested for not paying a consumer debt in Texas? No. Threatening arrest for failure to pay a consumer debt is a major violation of both Texas and federal law. Debt is a civil matter, not a criminal one, in the state of Texas.