Date Received: 2017-10-01T00:00:00
Product: Credit card debt
Issue: Written notification about debt
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: Received a letter on XXXX/XXXX/XXXX from XXXX XXXX XXXX XXXX regarding a debt collection. Sent XXXX XXXX XXXX XXXX a letter on XXXX/XXXX/XXXX requesting their Texas Surety Bond information and debt validation pursuant to Texas Finance Code Section 392.202. XXXX XXXX XXXX XXXX responded on XXXX/XXXX/XXXX with account statements from the original creditor but failed to provide their Texas Surety Bond per Section 392.101 of the Texas Finance Code and other documents required by Texas Finance Code Section 392.202.
Regardless of the validation requirement not being met, XXXX XXXX XXXX has violated Section 392.101 of the Texas Finance Code which prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State.
Texas law considers a debt collector as any person who regularly attempts to collect debts owed to themselves or others.
Chapter 392, Finance Code, provides for both civil remedies and criminal penalties. Tex. Fin. Code 392.402.404. A consumer may take private legal action against a third-party debt collector or credit bureau for a violation of Chapter 392. In addition, a consumer may file a complaint with the attorney general if the consumer feels that the third-party debt collector or credit bureau has violated Chapter 392 by engaging in a false, misleading, or deceptive act or practice.
Engaging in debt collection without filing a bond with the secretary of state is a violation of Chapter 392 and may also be a criminal offense. Tex. Fin. Code 392.402.
Company: CITIBANK, N.A.
State/Zip: TX 761XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2689659
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