Last updated: July 31, 2026 · Written by John C. Hubbard, Attorney
Debt collectors are not allowed to harass, threaten, deceive, or unfairly pressure consumers. When collection conduct violates federal or Texas law, a Dallas consumer may be able to sue for damages and attorney’s fees. The federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., regulates how debt collectors may collect, and the Texas Debt Collection Act, Tex. Fin. Code ch. 392, extends similar rules to original creditors the federal law usually does not reach. John C. Hubbard is a consumer protection attorney licensed in Texas, admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Texas, and has been handling consumer finance cases since 2008. Call 832-410-8121.
What counts as debt collection harassment?
Under the FDCPA, harassment includes conduct intended to annoy, abuse, or harass, profane or obscene language, threats of violence, and publishing your name as a debtor. That is 15 U.S.C. § 1692d. The statute goes further than most people expect:
- Calls before 8 a.m. or after 9 p.m., or calls to your job after you have said your employer prohibits them (§ 1692c)
- Telling your family, neighbors, or coworkers that you owe a debt. A collector may make limited contacts to obtain location information, but generally cannot disclose that it is trying to collect a debt (§§ 1692b, 1692c(b))
- False threats: claiming they will sue when they will not, threatening arrest or jail, pretending to be a lawyer or a government agency (§ 1692e)
- Collecting amounts the contract or law does not allow, like tacked-on fees and inflated interest (§ 1692f)
- Ignoring a timely written dispute instead of verifying the debt (§ 1692g)
If a collector is doing any of this, document every incident. The number, frequency, and seriousness of the violations can affect the strength and value of the claim.
Is calling repeatedly always illegal?
Not every repeated call violates the FDCPA. Relevant facts can include how often the collector called, whether calls continued after you answered, whether the collector called multiple times in rapid succession, whether it used different numbers, whether it called after being told to stop calling at work, and whether the apparent purpose was to annoy, abuse, or pressure you.
Can I sue the original creditor, or only the collection agency?
In Texas, potentially both, under different statutes. The federal FDCPA generally applies to collection agencies, collection law firms, and other businesses that meet the statute’s definition of a “debt collector.” Original creditors collecting debts in their own names are usually outside the FDCPA, although exceptions and fact-specific issues can apply.
Texas closed much of that gap. The Texas Debt Collection Act, Tex. Fin. Code ch. 392, applies to persons collecting consumer debts, including original creditors, and bans threats, coercion, harassment, and misrepresentations in terms similar to the federal act. When it is your auto lender or credit card bank doing the harassing, the TDCA is often the claim that fits.
What must the collector send me, and what happens if I dispute?
Unless the required information was included in the initial communication, the collector generally must send a written validation notice within five days. If you timely dispute the debt in writing, the collector must stop collection of the disputed debt or disputed portion until it mails verification or other information required by § 1692g. Certified or other trackable mail is often useful for proving what you sent and when.
What can I recover?
Under the FDCPA, a successful consumer may recover actual damages, additional statutory damages of up to $1,000 per lawsuit, and reasonable attorney’s fees and costs, per 15 U.S.C. § 1692k. Actual damages may include documented financial losses and, when supported by the evidence, damages for emotional distress. Harassment may cause sleep disruption, anxiety, embarrassment, lost productivity, and other emotional harm. Evidence such as contemporaneous notes, witness testimony, medical records when applicable, and changes in daily behavior can help establish those damages.
Under the TDCA, a successful consumer may recover actual damages, obtain injunctive relief to stop prohibited conduct, and recover attorney’s fees and costs. A TDCA violation is also designated as a deceptive trade practice under § 392.404, although additional DTPA requirements may affect which remedies are available in a particular case.
Both the FDCPA and TDCA contain attorney-fee provisions for successful consumers. The firm handles accepted cases on a contingency-fee basis, meaning no attorney’s fee is owed unless the firm obtains a recovery.
How long do I have to sue?
An FDCPA action generally must be filed within one year after the alleged violation occurred. A recent, independently actionable call, message, or representation may have its own limitations date, even if earlier conduct is already too old. Do not assume that an ongoing collection campaign automatically revives older violations. Texas-law deadlines may differ and depend on the claims asserted. Because limitations issues can be complicated, preserve the communications and obtain advice promptly.
What evidence helps prove a harassment case?
- Save screenshots of incoming-call histories showing dates, times, and numbers
- Preserve voicemails in their original format
- Screenshot texts and preserve complete message threads
- Keep letters and envelopes together
- Write down the collector’s name, company, callback number, and exact words used
- Record the names of witnesses who heard calls or learned about the debt
- Preserve proof that you told the collector not to call at work or at certain times
- Keep copies and delivery records for written disputes or cease-contact letters
A preserved voicemail containing a threat or misrepresentation is often stronger evidence than a later recollection of what was said.
One note on recording: Texas law generally permits a participant in a conversation to record it without obtaining the other participant’s consent. However, recording laws vary by state and can become complicated when the parties are in different states. Get legal advice before secretly recording interstate calls.
You may have a claim if a collector:
- Calls repeatedly over a short period
- Calls before 8 a.m. or after 9 p.m.
- Continues calling your workplace after learning personal calls are prohibited
- Threatens arrest, criminal charges, violence, or action it cannot legally take
- Tells relatives, neighbors, or coworkers about the debt
- Uses profanity or degrading language
- Misrepresents the amount, identity, status, or legal enforceability of the debt
- Continues collection without providing verification after a timely written dispute
Where can a Dallas debt-harassment case be filed?
FDCPA claims may be filed in an appropriate federal district court or another court with jurisdiction. Many Dallas-area federal cases are filed in the U.S. District Court for the Northern District of Texas, but proper jurisdiction and venue depend on where the parties are located and where the relevant conduct occurred. TDCA claims may be filed in Texas state court and may sometimes be joined with federal claims in the same lawsuit. John C. Hubbard is admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Texas.
Why John C. Hubbard, LLC
John C. Hubbard has been practicing consumer protection law since 2008 and licensed in Texas since 2018. The firm’s prior results include six-figure and five-figure wrongful repossession and FDCPA settlements in Dallas County and Houston; every case is different, results depend on the facts, and prior results do not guarantee a similar outcome.
Consultations are free, by phone, anywhere in Texas.
Call 832-410-8121 or use the contact form.
This website provides general information and is not legal advice. Viewing the website, submitting a contact form, or speaking with the firm does not create an attorney-client relationship. An attorney-client relationship is created only through a written engagement agreement signed by the client and the firm. Do not send confidential or time-sensitive information until the firm confirms that it represents you. Every matter is different. Past results do not guarantee or predict a similar outcome. Responsible attorney: John C. Hubbard. Principal office: Birmingham, Alabama. John C. Hubbard is licensed in Texas and Alabama.