Stop Debt Collector Calls in Texas: Cease Letters and Limits

Two laws govern debt collector phone calls in Texas: the federal Fair Debt Collection Practices Act (FDCPA) and the Texas Debt Collection Act (TDCA). Together they let a person demand that a collector stop calling, limit when and how collectors may make contact, and define the conduct that counts as harassment. A collector that breaks the state rules commits a deceptive trade practice under the Texas DTPA, which opens extra remedies. This article covers how to send a cease-communication request, the contact limits both laws impose, and how to report a violation.

Which laws limit debt collector calls in Texas

The FDCPA applies to third-party debt collectors, collection agencies and debt buyers pursuing a debt owed to someone else. It does not generally cover an original creditor collecting its own account. The federal rules on collector conduct, including the right to demand that contact stop, are summarized by the Consumer Financial Protection Bureau, which enforces the FDCPA and its 2021 Debt Collection Rule.

Texas law reaches further. Under Tex. Fin. Code § 392.001, a “debt collector” is anyone who directly or indirectly engages in debt collection, which includes an original creditor collecting its own debt, while a “third-party debt collector” is defined by reference to the FDCPA. A Texas consumer therefore often has protection under both laws at once, and a creditor the FDCPA would not touch can still violate the TDCA.

Send a written cease-communication request

The most direct way to stop a third-party collector’s calls is the cease-communication right in 15 U.S.C. § 1692c(c). Once the collector receives a written notice that the consumer refuses to pay the debt or wants the collector to stop communicating, it must stop. The statute allows only narrow follow-up contact: to confirm that the collector is ending its efforts, to notify the consumer that the collector may invoke a specific remedy such as a lawsuit, or to notify the consumer that it intends to invoke that remedy.

A verbal request over the phone does not trigger the FDCPA cease-communication rule; the notice has to be in writing.

1. Put the request in writing

   Write a short letter stating that you want the collector to stop contacting you, and keep a copy. A phone request does not carry the same legal effect under the FDCPA, so the written record matters if the collector keeps calling.

2. Identify the account and state the request plainly

   Name the collector, reference the account or debt, and state that you are exercising your right to cease communication. You do not have to explain your finances or admit the debt.

3. Send it so delivery can be proven

   Mailing the letter by certified mail with return receipt requested creates a dated record that the collector received it. Note the delivery date, because the obligation to stop begins once the collector receives the notice.

4. Expect one confirming contact

   After receiving the request, the collector may contact you once more to confirm it is stopping or to state that it may pursue a specific remedy. Contact beyond those narrow purposes is a violation.

When and how collectors may contact you

Even without a cease-communication letter, the FDCPA restricts the timing and place of collector contact. Under 15 U.S.C. § 1692c(a), a third-party collector may not contact a consumer at a time or place it knows or should know is inconvenient. Absent other information, the law presumes that any time before 8 a.m. or after 9 p.m. in the consumer’s time zone is inconvenient.

The same section limits two other situations. A collector may not contact a consumer at work once it knows the employer prohibits such calls, and it generally may not contact a consumer directly once it knows the consumer is represented by an attorney on the debt. These limits apply on top of, not instead of, the Texas rules.

What the law treats as harassment

The Texas Debt Collection Act lists specific phone practices that count as harassment. Under Tex. Fin. Code § 392.302, a collector may not place anonymous calls made with intent to annoy, harass, or threaten, and may not cause a telephone to ring repeatedly or continuously, or make repeated or continuous calls, with intent to harass. The federal counterpart, 15 U.S.C. § 1692d, likewise bars causing a phone to ring repeatedly or engaging anyone in repeated conversation with intent to annoy or abuse.

Texas law reaches beyond call frequency. Tex. Fin. Code § 392.301 prohibits threats and coercion, including threatening arrest for nonpayment without a court proceeding or threatening to seize property without proper legal process. Tex. Fin. Code § 392.304 bars fraudulent or misleading representations, such as misstating the amount of the debt or failing to disclose that the caller is a debt collector.

What stopping the calls does not do

Ending contact does not erase the debt, pause it, or reset any clock. A collector that has stopped calling can still report the account and can still file suit, and if it does, the response deadline is short, the procedure is covered in answering a debt collection lawsuit in Texas. Age matters for old debt. Tex. Fin. Code § 392.307 bars a debt buyer from suing or starting arbitration on a consumer debt after the limitations period has run, and requires a specific written notice when collecting time-barred debt. How that clock works is detailed in the Texas statute of limitations on debt collection. Even a collector holding a judgment faces limits in Texas. The state does not allow wage garnishment for most consumer debts, though other collection tools remain available, the boundaries are set out in when creditors can garnish wages in Texas. ## How to report a violation and what you can recover A Texas consumer can report an abusive collector to the Texas Attorney General’s consumer protection division and to the CFPB, which forwards complaints to the company for a response. What happens after a state complaint is filed is described in filing a complaint with the Texas Attorney General. Private remedies also exist. Under Tex. Fin. Code § 392.403, a person may sue for an injunction to stop the conduct and for actual damages, and a successful plaintiff is entitled to reasonable attorney’s fees and costs. For violations of certain sections, including the bond requirement, the statute sets damages of at least $100 for each violation. A violation is also a misdemeanor under Tex. Fin. Code § 392.402, punishable by a fine of $100 to $500 per violation. Because Tex. Fin. Code § 392.404 makes a TDCA violation a deceptive trade practice, a consumer may also have remedies under the Texas Deceptive Trade Practices Act. And Tex. Fin. Code § 392.101 requires a third-party debt collector to file a $10,000 surety bond with the Texas Secretary of State, which gives a damaged consumer a claim against the bond.