Consumer Law

Question 1

The DTPA applies to ____________.

Answer 1

Consumers.

Question 2

T/F - The DTPA is to be liberally construed in favor of the consumer.

Answer 2

True.

Question 3

What is the purpose of the DTPA?

Answer 3

Protect consumers from FALSE, MISLEADING, AND DECEPTIVE ACTS OR PRACTICES. Also, to provide efficient and economical procedures to secure such protection.

Question 4

What damages are recoverable under the DTPA?

Answer 4

1) Money Damages: ECONOMIC DAMAGES.
2) If the plaintiff can show knowing or intentional conduct, then the DTPA permits additional remedies in addition to economic damages. These include mental anguish and discretionary additional damages called treble damages.
3) ATTORNEY’S FEES ARE MANDATORY IN EVERY DTPA CLAIM FOR A PREVAILING PLAINTIFF.

Question 5

What are the elements of a private cause of action under the DTPA?

Answer 5

1) The plaintiff is a CONSUMER;
2) The defendant is CONNECTED with the consumer transaction;
3) The defendant committed either: (a) a violation of the DTPA’s laundry list; (b) a breach of warranty; (c) an unconscionable action or course of action; (d) a violation of the Insurance Code Chapter 541; OR (e) violation of a tie-in statute;
4) The defendant’s violation was a PRODUCING CAUSE; AND
5) Damages to the plaintiff.

Question 6

Who has standing to bring a DTPA claim?

Answer 6

Must be a CONSUMER.

A consumer is someone who SEEKS OR ACQUIRES, by purchase or lease, GOODS OR SERVICES for use.

Question 7

Can corporations be consumers?

Answer 7

Yes. “Consumer” is not limited to natural persons.

Question 8

T/F - Privity is required for a DTPA claim.

Answer 8

False

Question 9

T/F - The State of Texas and any political subdivision or state agency can be consumers.

Answer 9

True

Question 10

Is payment of consideration required to have DTPA protection?

Answer 10

No. As long as a consumer has a good faith intention of completing the purchase and the objective ability to complete the transaction, the consumer has standing.

Question 11

How are “goods and services” defined under the DTPA? Does a pure loan transaction fall under the DTPA?

Answer 11

Broadly

Goods includes both tangible goods as well as real estate. It does not cover intangible goods like stocks, bonds, or pure loan transactions.

Services includes labor and repair services.

A pure loan transaction does not gain DTPA protection. However, if a person goes to the bank to get a loan in order to purchase a good, such as a car, then the person will have consumer status.

Question 12

What does “for use” mean?

Answer 12

Any use, even if you are going to resell the goods.

Question 13

What does the DTPA not apply to?

Answer 13

1) Certain business consumers with assets in excess of $25 million;
2) Professionals giving advice, judgments, or opinions;
3) Media or publishers unless they have actual knowledge of the falsity of their act or practice;
4) Transactions over $500,000 (not including the consumer’s residence); OR
5) Transactions over $100,000 if the consumer is represented by an attorney (also excluding the consumer’s residence).

Question 14

Are personal injury claims covered under the DTPA?

Answer 14

Generally, the DTPA does NOT give way to personal injury claims. Damages solely under the DTPA are limited to economic damages.

EXCEPTIONS:

1) Medical expenses incurred or any lost earnings or wages suffered as a result of the personal injury are considered economic damages and can be recovered under the DTPA; AND
2) Mental Anguish damages are recoverable when the deceptive act or practice is committed knowingly or intentionally.

Question 15

What is considered to be a part of the DTPA laundry list?

Answer 15

The DTPA imposes liability on a defendant who commits conduct specifically defined as trade practices which are FALSE, MISLEADING, OR DECEPTIVE. THE MOST COMMON ARE:

MISREPRESENTATION OF GOODS OR SERVICES. Most commonly:

1) Representing goods or services to have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have;
2) standard, quality, or grade, or goods that are of a particular style or model if they are actually of another;
3) agreement confers rights, remedies, or obligations which it does not have.

None of the above require knowing or intentional

4) Failing to disclose information concerning goods or services which was KNOWN at the time of the transaction if such failure to disclose was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. REQUIRES KNOWLEDGE AND INTENT.

MISREPRESENTATION OF REPAIRS: Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair services.

WARRANTY FRAUD: Representing that a guarantee or warranty confers or involves rights or remedies which it does not have or involve.

MISREPRESENTING WORK PERFORMED: Representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts were not replaced.

NOTE: FOR ALL LAUNDRY LIST VIOLATIONS, THERE IS A SPECIFIC REQUIREMENT OF RELIANCE TO THE CONSUMER’S DETRIMENT.

Question 16

What is “mere puffery?”

Answer 16

Descriptions of quality, a characteristic, use, or benefit, such as “perfect condition,” “top quality,” and “like new,” are NOT actionable under the laundry list.

Question 17

What is required to bring a claim for “unconscionability?”

Answer 17

Unconscionable action or course of action is conduct that takes advantage of a consumer’s LACK of knowledge, ability, experience, or capacity to a GROSSLY UNFAIR DEGREE.

Gross unfairness - Glaring, noticeable, flagrant, complete, and unmitigated.

Question 18

T/F - A deceptive act or practice can be a violation of a laundry list provision, an unconscionable action, AND a breach of warranty.

Answer 18

True.

Question 19

How is a claim brought under the DTPA through a “tie-in” statute? What damages are available? Personal injury?

Answer 19

The DTPA makes it actionoable conduct for a defendant to have violated a “tie-in” statute.

A tie-in statute allows for ACTUAL DAMAGES, which is broader than economic damages.

Mental anguish can be recovered WITHOUT showing the conduct was committed knowingly or intentionally.

PERSONAL INJURY CAN BE AWARDED THROUGH A TIE-IN STATUTE!

Examples:

1) The Debt Collection Act;
2) Business Opportunities Act;
3) Health Spa Act;
4) Manufactured Housing Standards Act;
5) Home Solicitations Act;
6) Telemarketing Disclosure and Privacy Act;
7) Timeshare Act; and
8) Telephone Solicitations Act.

Question 20

How is a claim under the Insurance Code brought under the DTPA?

Answer 20

Insurance Code Chapter 541 prohibits unfair methods of competition and unfair or deceptive acts or practices in the business of insurance as specifically defined in Chapter 541.

Status Required: The DTPA only gives a CONSUMER the right to seek relief under the DTPA for violation of Chapter 541.

CUMULATIVE REMEDY: Recovery under the DTPA would be cumulative with any recovery under any other act or statute, including 541.

Question 21

How is a breach of warranty claim brought under the DTPA?

Answer 21

The DTPA does not create any warranties. The DTPA takes existing warranty law in Texas and brings it into the DTPA. The source of warranty law is the UCC. The breach of an EXPRESS OR IMPLIED warranty will allow a consumer to bring a cause of action under the DTPA.

Any conditions or defenses in the underlying warranty law will apply when the breach of warranty serves the basis of a DTPA claim.

THE UCC DOES NOT APPLY TO SERVICES, BUT THE COMMON LAW RELATED TO EXPRESS WARRANTIES FOR SERVICES GENERALLY FOLLOWS THE UCC.

Question 22

How are express warranties created? Can they be modified?

Answer 22

An affirmation of fact or promise to the consumer which becomes the basis of the bargain.

Can be created by a description of the goods or by a sample of the goods. The words “warranty” or “guarantee” are NOT necessary to create an express warranty.

Modification: Only if the limiting language can be harmonized with the express warranty. If it contradicts the express warranty, then it will not be effective.

Question 23

What are the implied warranties actionable under the DTPA? Can they be disclaimed?

Answer 23

1) Implied warranty of Merchantability - Arises in the sale of NEW goods by a MERCHANT. The goods must be FIT FOR THE ORDINARY COMMERCIAL USE for which the goods are used. Can be disclaimed IN WRITING by specifically mentioning the IWOM, and must be CONSPICUOUS (AS IS / WITH ALL FAULTS). Cannot disclaim as to personal injury if a tort is involved.
2) Implied Warranty of Fitness for Particular Purpose - NOT LIMITED TO MERCHANTS. Arises when the seller has reason to KNOW a consumer has a SPECIFIC PURPOSE for the goods, and the consumer is RELYING on the seller’s SKILL OR JUDGMENT to select or furnish suitable goods. Can be modified or disclaimed IN WRITING AND CONSPICUOUSLY.
3) Implied Warranty of Title - defendant warrants that he owns the goods he is selling.

If the result of disclaiming any of the above is that there is no breach of the warranty because it was effectively discaimed, then the DTPA will NOT provide a remedy for breach of warranty.

Question 24

What about warranties with respect to services?

Answer 24

There CAN BE EXPRESS WARRANTIES.

Implied Warranties:

1) Services will be performed in a GOOD AND WORKMAN LIKE MANNER. This warranty is NOT implied for professional services. THIS WARRANTY CANNOT BE DISCLAIMED OR MODIFIED.
2) New Home Construction: Implied warranty of HABITABILITY. Can be disclaimed or modified in writing in LIMITED CIRCUMSTANCES.

Question 25

What damages are recoverable under the DTPA?

Answer 25

ECONOMIC DAMAGES normally.

ACTUAL DAMAGES FOR TIE-IN STATUTES.

Medical damages and lost wages.

Mental anguish possibly.

Possible treble damages if intentional or knowingly.

MANDATORY ATTORNEY’S FEES FOR PREVAILING PLAINTIFF.

Question 26

What are some measures of economic damage?

Answer 26

1) Benefit of the bargain (difference between value represented and value delivered);
2) Out of pocket damages (difference between price paid and value delivered);
3) Cost of Repair Damages (cost to make the goods or services as warranted or represented); AND
4) Loss of Use damages (cost to rent replacement / don’t actually have to rent replacement goods in order to have loss of use damages).

Question 27

Can lost profits be recovered under the DTPA for economic damages?

Answer 27

Yes, but must be shown with REASONABLE CERTAINTY (hard to do).

Question 28

How is mental anguish recovered under the DTPA?

Answer 28

Must first have conduct committed knowingly or intentionally. The consumer must present DIRECT EVIDENCE showing NATURE, DEGREE, and SEVERITY of the mental anguish which causes a SUBSTANTIAL DISRUPTION in the CONSUMER’S DAILY ROUTINE.

Question 29

How are treble damages recovered under the DTPA?

Answer 29

Must show intentional or knowing conduct. Amount is determined by a judge or jury.

If KNOWINGLY - limited to 3 times the amount of economic damages.

If INTENTIONALLY - limited to 3 times the amount of economic AND mental anguish damages combined.

Question 30

Explain the mandatory attorney’s fees under the DTPA.

Answer 30

A consumer who PREVAILS (not necessary to recover) in a claim under the DTPA is entitled to recover MANDATORY REASONABLE AND NECESSARY ATTORNEY’S FEES.

Question 31

What other relief can be sought under the DTPA?

Answer 31

A consumer may also be entitled to a broad range of equitable relief like rescission of the transaction OR declaratory relief if appropriate in the circumstances.

Question 32

Can a consumer waive all remedies under the DTPA?

Answer 32

Unlikely, but yes.

A waiver of the DTPA MUST:

1) Be in writing;
2) Be conspicuous;
3) State “I waive my rights under the [DTPA], etc.”;
4) Be signed by the consumer;
5) Who is in a similar bargaining position with the seller; AND
6) Is represented by an attorney.

Question 33

T/F - Common law defenses are not applicable to DTPA cases (PER / SUB PERF / MERGER).

Answer 33

True.

Question 34

Are there any complete statutory defenses to the DTPA?

Answer 34

Yes

1) Written notice of third-party information - Defendant gives notice to consumer IN WRITING at the time of the transaction that the defendant is relying on third-party information . . . and that will be used as a defense to a later claim that the information was incorrect. DOES NOT APPLY IF DEFENDANT KNEW AT THE TIME THAT THE INFORMATION WAS INCORRECT. Must be done AT THE TIME OF THE TRANSACTION. Must be relying on information from a government agency or other third-party source.
2) Rejection of full payment settlement offer - IF the consumer REJECTS a defendant’s offer to pay the consumer all claimed damages and all claimed attorney’s fees WITHIN 30 DAYS OF RECEIVING NOTICE of the consumer’s DTPA claim, the defendant will have no liability under the DTPA.

Question 35

T/F - A breach of contract is NOT a DTPA violation.

Answer 35

True

Question 36

Can “as is” contractual language bar a DTPA claim?

Answer 36

Yes, tough to do.

Must be:

1) Freely negotiated;
2) Between similarly sophisticated parties;
3) Part of the basis of the bargain (negotiated about);
4) In an arms length transaction.

Will not have effect if by fraud; seller impaired buyer’s ability to inspect; OR the clause is merely boiler plate in a contract of adhesion.

Question 37

What is the Statute of Limitations for a DTPA claim? Can it be extended?

Answer 37

TWO YEARS.

The statute runs from the date of the deceptive act OR from when the consumer discovered or reasonably should have discovered the wrongfully caused injury.

The limitations date may be extended 180 DAYS if the defendant KNOWINGLY INTERFERED in the filing of the suit.

Question 38

What pre-suit notice is required to bring a DTPA claim?

Answer 38

Notice at least 60 days prior to filing suit. Notice must provide:

1) A description in reasonable detail of the consumer’s complaint;
2) A dollar amount for damages claimed; AND
3) A separate dollar amount of attorney’s fees, if any, incurred.

Question 39

When must settlement offers be made?

Answer 39

Defendant has 60 days after receiving the DTPA notice to make a qualifying settlement offer. Requirements:

1) In writing;
2) Offer a dollar amount for damages; AND
3) Offer a separate amount for attorney’s fees.

Question 40

What are the consequences of rejecting a qualified settlement offer?

Answer 40

If the offer is substantially the same as (or more) that actually received at trial, the consumer’s recovery for damages will be limited to the recovery of the LESSER of the two (offer or judgment). Attorney’s fees awarded will be the lesser of the offer or amount accrued up to date.

REMEMBER: IF SETTLEMENT OFFER WITHIN 30 DAYS OF NOTICE FOR FULL DAMAGES AND ATTORNEY’S FEES IS REJECTED, THE CONSUMER GETS NOTHING.

Question 41

What duties are owed by an insurance company to a policy holder?

Answer 41

A duty of good faith and fair dealing.

The company has a duty to settle a claim with its policy holder when liability has become REASONABLY CLEAR. Company cannot delay or use other tactics to keep from paying the claim promptly and fairly. CAUSE OF ACTION FOR FAILURE TO DO SO IS CALLED “BAD FAITH.”

This duty is NOT OWED TO THIRD-PARTY CLAIMANTS.

Question 42

What is the Stowers Doctrine?

Answer 42

An insurer has a common-law duty to exercise reasonable care in handling third-party claims against its insured.

Failure to do so will make the insurance company liable to its insured for the amount of excess liability that the insured suffers as a result of a judgment in excess of the policy limit.

Question 43

Who has standing to bring a claim under the Insurance Code Chapter 541?

Answer 43

A “PERSON” including an individual, corporation, an insurance company, or an entity engaged in the business of insurance. DOES NOT CREATE A CAUSE OF ACTION FOR THIRD PARTY CLAIMS.

Exam Tip: Plaintiff will almost always qualify as both a consumer under the DTPA and as a person under Chapter 541.

Question 44

What are the elements to bring a claim under the Insurance Code Chapter 541?

Answer 44

1) The plaintiff is a person;
2) Defendant is a person;
3) Defendant committed either a Laundry List Violation OR a violation of the Insurance Code Chapter 541;
4) The defendant’s violation was a producing cause of;
5) ACTUAL DAMAGES TO THE PLAINTIFF.

Question 45

What are the prohibited acts under Chapter 541? What are the Remedies?

Answer 45

There are several violations and unfair or deceptive acts or practices in the insurance industry. The most commonly seen are:

1) Misrepresentation of an insurance policy;
2) False advertising regarding the business of insurance;
3) Misrepresenting to a claimant a material fact or policy provision relating to the coverage at issue;
4) Failing to attempt in good faith to effectuate a prompt, fair, and equitable settlement once liability has become REASONABLY CLEAR; OR
5) Refuse to pay a claim without conducting a reasonable investigation.

REMEDIES = ACTUAL DAMAGES. Treble damages if intentionally or knowingly in the amount of three times the actual damages.

MANDATORY REASONABLE AND NECESSARY ATTORNEY’S FEES.

Court has ability to order injunction or rescission.

Question 46

What is the statute of limitations for a claim under Chapter 541? What notice is required?

Answer 46

TWO YEARS - just like DTPA

180 day extension if defendant interferes with the filing.

NOTICE - At least 60 days before filing.

Question 47

Does Chapter 541 allow for defenses for rejected settlement offers?

Answer 47

Not complete defenses like the DTPA, but the same partial defenses as the DTPA. Settlement offer must be made within 60 days of notice.

Question 48

What does the Insurance Code Chapter 542 say? How does it work?

Answer 48

Provides consumers with a penalty for the insurance company’s failure to promptly pay a claim. It arises from an UNREASONABLE DELAY IN PAYMENT OF AN INSURANCE CLAIM.

Insurer has 15 DAYS after receipt of a claim to:

1) Acknowledge receipt of the claim;
2) Begin investigation of the claim; AND
3) Request any information needed in order to make a decision about paying a claim.

Within 15 DAYS of receipt of all information and documentation, the insurer MUST ACCEPT OR REJECT the claim.

IF ACCEPTED - Payment MUST be made WITHIN 5 DAYS OF ACCEPTANCE OF THE CLAIM.

FAILURE TO COMPLY:

1) Insurance Penalty: Calculated at a rate of 18% per year on the amount of the claim; AND
2) Recovery of REASONABLE AND NECESSARY ATTORNEY’S FEES.

This remedy is CUMULATIVE with any recovery for violations of Chapter 541 and of the DTPA.

Question 49

What is the FDCPA? What is its purpose? Does it preempt state law?

Answer 49

The Fair Debt Collection Practices Act. To eliminate abusive debt collection practices, to promote fair debt collection practices, and to promote state law remedies consistent with these purposes.

Preemption - The FDCPA does not preempt state law remedies EXCEPT to the extent that there is a direct conflict with the federal act. There is only direct conflict if state law fails to provide greater protection to the consumer.

Question 50

Under the FDCPA, what can a consumer bring suit for?

Answer 50

1) Actual damages;
2) Civil penalties of up to $1,000 per case in the discretion of the court; AND
3) Private remedy for reasonable attorney’s fees.

Question 51

Who has standing to bring a FDCPA claim?

Answer 51

The FDCPA provides redress to a consumer against any debt collector who violates the standards of conduct for debt collection activities related to a debt.

“Consumer” - Any NATURAL PERSON obligated to pay a debt.

“Debt” - any obligation of a consumer to pay money arising out of a transaction primarily for PERSONAL, family, or household purposes. BUSINESS DEBTS ARE NOT SUBJECT OF THE FDCPA.

“Debt Collector” - Any person who is in business for the principal purpose of collecting debts; OR who regularly collects or attempts to collect debts due or asserted to be owed to another.

UNDER THE FDCPA, CREDITORS ARE NOT DEBT COLLECTORS.

Question 52

Is an attorney a debt collector?

Answer 52

Under the FDCPA, yes if the attorney regularly or attempts to regularly collect debts on behalf of their clients.

Question 53

What does a debt collector not include under the FDCPA?

Answer 53

1) Creditor itself, or an officer or employee of the creditor;
2) Legal process servers;
3) A nonprofit debt counseling service;
4) A fiduciary; and
5) An official of the government acting in an official capacity.

Question 54

What are the four prohibited practices and mandatory requirements under the FDCPA?

Answer 54

1) Third-Party Communications;
2) Mandatory Disclosures;
3) Prohibited Acts; AND
4) Prohibited false or misleading communications.

Question 55

How are third-party communications regulated under the FDCPA?

Answer 55

Generally, a debt collector cannot contact a third-party for the purposes of collecting a debt without the consent of the consumer. The debt collector CAN, however, do so for the purposes of FINDING/LOCATING the consumer. In doing so, the debt collector:

1) Must properly and truthfully identify himself;
2) May not state that the consumer owes a debt;
3) May not state that they are a debt collector or that they are doing a debt collection;
4) May not communicate by post card; AND
5) Once a debt collector knows that the consumer is represented by an attorney, the debt collector may not communicate with anyone other than the attorney.

Question 56

What are the mandatory disclosures under the FDCPA?

Answer 56

VALIDATION NOTICE: Within 5 days of contact with the consumer, a debt collector must tell the consumer IN WRITING each of the following:

1) The amount owed;
2) The name of the creditor; AND
3) Notice that (a) within 30 days of the receipt of notice, if the consumer disputes the validity of the debt, the collector will verify that debt and provide verification to the consumer, AND (b) if no request for validation is made, the collector will assume the debt to be valid.

MINI-MIRANDA WARNING: In the initial communication with the consumer, whether written or oral, the debt collector must inform the consumer:

1) That he is attempting to collect a debt;
2) Any information collected will be used for that purpose; AND
3) In all subsequent communications, the debt collector must remind the consumer that they are acting as a debt collector and the information will be used for debt collection.

Question 57

What are the prohibited acts under the FDCPA?

Answer 57

The FDCPA prohibits the following acts REGARDLESS of whether they are deceptive or misleading:

1) No contact at any inconvenient time or place unless the consumer consents (8am - 9pm is ok / outside of that is per se inconvenient);
2) No communications with a consumer represented by attorney, unless the attorney consents;
3) No calls to consumer’s place of employment once debt collector knows the employer objects;
4) No harassment or abuse, including, but not limited to, threatening or using violence, using profanity, publishing the consumer’s debts as a list to others, OR causing the telephone to ring repeatedly or continuously calling a person.

Question 58

What are the prohibited false or misleading communications under the FDCPA?

Answer 58

A debt collector may not use any false, deceptive, or misleading representations or means in connection with the collection of any debt, such as:

1) Representing that they are a member or acting with governmental authority;
2) Misrepresenting the amount or character of any debt;
3) Falsely implying the debt collector is an attorney if they are not; and
4) Implying that the failure to pay the debt is a crime or that the debtor could be sent to jail.

Question 59

Are there any defenses to an FDCPA claim?

Answer 59

Bona Fide Error Defense - It is an AFFIRMATIVE DEFENSE to a claim under the FDCPA if the violation was NON INTENTIONAL and that REASONABLE PROCEDURES had been adopted by the collector to ensure the violation would not happen, but it happened despite the procedures.

Question 60

T/F - There is criminal liability for violating the FDCPA.

Answer 60

False - There is NO CRIMINAL LIABILITY under the FDCPA.

Question 61

What is the public remedy under the FDCPA?

Answer 61

The FDCPA empowers the FTC to take enforcement action.

Question 62

Who has standing to bring a claim under the Texas Debt Collection Act (TDCA)?

Answer 62

The TDCA allows any person to sue for violation of the TDCA, which prohibits conduct by BOTH debt collectors AND third-party debt collectors.

Third-Party Debt Collector - Same as a debt collector under the FDCPA.

Debt Collector - Any person who directly or indirectly is engaged in debt collection. CAN INCLUDE CREDITORS THEMSELVES. THIS HAS BROADER COVERAGE THAT THE FDCPA.

ATTORNEY’S REPRESENTING THEIR CLIENTS ARE EXCLUDED FROM THE DEFINITION OF A THIRD-PARTY DEBT COLLECTOR.

Question 63

What are the prohibited acts and practices under the TDCA?

Answer 63

1) Threats of coercion, violence, or criminal prosecution;
2) Harassing telephone calls or other types of abuse;
3) Unfair or unconscionable means - charging or collecting interest, fees, or incidental expenses UNLESS it is specifically authorized by the contract that made the basis of the debt;
4) Fraudulent misrepresentations and deception.

Question 64

What are the mandatory disclosures under the TDCA?

Answer 64

In the initial communication, the debt collector must state that they are attempting to collect a debt and that any information will be used for that purpose.

In subsequent communications, the debt collector must state that they are a debt collector.

Question 65

Is there a Bona Fide Error Defense under the TDCA?

Answer 65

Yes, basically the same as the FDCPA.

Question 66

What remedies are available under the TDCA?

Answer 66

1) Actual Damages;
2) Attorney’s Fees; AND
3) For certain violations only, civil penalties at least $100 per violation.

Question 67

T/F - TDCA violations are actionable under the DTPA as a tie-in statute allowing a consumer to recover for additional discretionary damages not otherwise recoverable under the TDCA.

Answer 67

True.

Question 68

What are the five main differences in the TDCA compared to the FDCPA?

Answer 68

1) The TDCA applies to both debt collectors and third-party debt collectors;
2) The TDCA has provisions relating to credit bureaus, while the FDCPA does not;
3) The TDCA requires that third-party debt collectors and credit bureaus obtain and file with the Secretary of State a $10,000 dollar surety bond before doing business in Texas;
4) TDCA prohibitions and prescriptions in its list are EXCLUSIVE, while the FDCPA list is not limited to just that; AND
5) The TDCA provides for CRIMINAL LIABILITY IN ADDITION TO CIVIL LIABILITY; criminal liability is not available under the FDCPA.