Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 83 - REGULATED LENDERS AND CREDIT ACCESS BUSINESSES › Subchapter A - RULES FOR REGULATED LENDERS › Division 11 - PROHIBITIONS ON AUTHORIZED LENDERS › Section 83.860 - Collection Contacts

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
					 or the licensee's agent must have the right to contact any person in order to
					 secure information concerning a borrower, unless any person other than the
					 borrower, the borrower's spouse, a member of the borrower's household, a
					 co-borrower, endorser, surety, or guarantor of the obligation, objects to any
					 contact by a licensee or the licensee's agent. Upon receipt of the objection,
					 the licensee or agent, must cease and desist from any further deliberate
					 communication with the person objecting relative to the specific borrower and
					 account in question.
(b) A licensee
					 or the licensee's agent must not solicit the payment of all or any part of any
					 debt subject to Texas Finance Code, Chapter 342 from any person other than the
					 borrower, a co-borrower, endorser, surety, or guarantor of the obligation,
					 borrower's designee, trustee, insurance company paying a claim or a refund
					 involving the debtor, any party having a lawful right or claim to any
					 collateral, any person who may be or is legally obligated to pay all or a
					 portion of the debt, or a guardian, executor, administrator, attorney, agent,
					 or representative of any of the foregoing.
(c) Without the prior written consent of the
					 borrower given directly to the licensee or the express permission of a court of
					 competent jurisdiction, a licensee may not communicate with a borrower in
					 connection with the collection of a loan at any unusual time or place. In the
					 absence of any knowledge to the contrary, a licensee can assume that the
					 convenient time for communicating with a borrower is after 8:00 a.m. and before
					 9:00 p.m., local time at the borrower's location.
(d) A licensee may not communicate with a
					 borrower in connection with the collection of a loan at the borrower's place of
					 employment if the licensee has received written notification from the borrower
					 or the borrower's employer to cease communications with the borrower while at
					 the place of employment. This restriction may be overridden by court
					 order.
(e) Without the prior
					 written consent of the borrower given directly to the licensee or the express
					 permission of a court of competent jurisdiction, a licensee may not communicate
					 nonpublic personal information pertaining to a debt or obligation unless the
					 person receiving the information is the borrower, the borrower's attorney, a
					 consumer reporting agency, another creditor, or the attorney of the creditor, a
					 guardian, executor, or administrator, or any party that may lawfully receive
					 the information under the Gramm Leach Bliley Act,
					 RSA
					 6801 -
					 RSA
					 6809, and its implementing regulations, or
					 the Fair Credit Reporting Act,
					 RSA
					 1681 -
					 RSA
					 1681x, and its implementing regulations, or
					 other law or regulation. Unless notified pursuant to subsection (a) of this
					 section, this prohibition does not apply to a licensee seeking information
					 about the location of the borrower.
(f) Subsections (a) - (e) of this section do
					 not apply to a communication or contact directly relating to a pending court or
					 arbitration proceeding. Subsections (a), (b), (d), and (e) of this section do
					 not apply to providing a notice required by law or contract.