Proposal 001 · Texas Finance Code Chapter 392 · Policy brief

Mandatory Creditor Notification Following Established Debt-Collection Violations

A duty to avoid knowingly using a repeatedly unlawful debt collector is difficult to enforce when there is no systematic way for creditor clients to learn of established misconduct.

Proposal initiated by John Rigler · AI-assisted research and drafting · 8 November 2026 · Commons · Not current law

Proposal, not an allegation: This reform would apply generally to debt collectors operating in Texas. It does not assume National Credit Systems violated Texas law in the author's dispute or that Firmus currently possesses legally sufficient actual knowledge. Legislative counsel would need to review the exact text, jurisdiction, authority and costs.

What current law says

Texas Finance Code §392.306 bars a creditor from using an independent debt collector when the creditor has actual knowledge that the collector repeatedly or continuously engages in acts prohibited by Chapter 392. The section does not itself establish an industry-wide roster and notice procedure that automatically follows an adverse judgment.

The gap is structural. A judgment against a collector can become public while its creditor clients continue outsourcing collection activity without a standardized notice that the decision exists. Public discoverability is not actual receipt, and proof of a federal-law violation does not automatically satisfy the separate Texas statutory elements.

What the proposal changes

  1. Qualifying final determination: a court or regulator has entered a final finding of repeated Chapter 392 violations or a systemic practice in multiple Texas accounts; other federal/state determinations may be covered only after an appropriate Texas-specific review and designation. Bare allegations and no-admission settlements do not automatically qualify.
  2. Confidential client roster: the collector gives the Texas Attorney General a complete, verified list of creditor-client businesses for its covered Texas debt-collection operations, including current and a defined period of former clients.
  3. Verified creditor notice: each listed client is told the order's actual findings, relevant scope, and obligations to assess whether its ongoing use of the collector complies with §392.306. The notice is not an automatic judicial finding against the client.
  4. Documented acknowledgment: the recipient identifies an accountable compliance official and records review of the notice. Actual receipt of specific findings is provable prospectively, without retroactively imputing knowledge.
  5. Potentially affected consumers: where the finding identifies a practice affecting identifiable consumer accounts, a separate account audit, notice, and correction program is required within an enforceable schedule, subject to existing federal consumer-reporting requirements.
  6. Enforcement and auditability: the regulator can enforce the roster, notice and documentation duties, with procedural review, civil penalties for failures, and public reporting of aggregate compliance without disclosing consumer names.

Who would be notified?

RecipientInformation suppliedPrivacy boundary
Texas Attorney GeneralCollector's business-client roster, order, covered dates, delivery log and remediation summaryConfidential records protected from routine public disclosure, subject to oversight and appropriate process
Creditor clientsFinal findings, relevant conduct, notice of possible compliance responsibilities and review/acknowledgment processNo unnecessary consumer account information
Potentially affected consumersNature of identified practice, review result, correction/appeal rights and contact methodIndividual private notice, not public roster
PublicPublic determination, general category of violation, aggregate notice and remedy totalsNo raw consumer or private business-client list

Why it is feasible in principle

The CFPB's 2015 Syndicated Office Systems enforcement action required identifying affected consumers, providing relief, correcting inaccurate credit reporting and notifying affected consumers. Its 2023 Phoenix Financial Services action required redress after identified unlawful collection and dispute practices. These are examples of case-specific regulatory remedies, not existing universal client-roster requirements.

Safeguards and tradeoffs

Alternative designs

A narrow version would require notice only after a final finding of repeated Texas Chapter 392 violations and only to current creditor clients. A broader version would also cover a finding of systemic unlawful practices affecting multiple accounts, defined former clients and remediation notices. A federal model could cover nationwide creditor-client relationships. The accompanying legislative discussion draft uses the broader Texas-connected approach with careful triggers.

What should happen next

Legislative counsel should examine Texas Attorney General enforcement authority, administrative procedure and appeals, state public-information exemptions, FCRA/privacy interactions, the burden on small entities, and whether civil penalties or license/bond consequences are appropriate. Proponent submissions and actual bill filings would be separately dated and linked if they ever occur. No submission has been made.

Primary sources

  1. Texas Legislature, Finance Code Chapter 392, §§392.001, .306, .403
  2. CFPB, Syndicated Office Systems (June 18, 2015)
  3. CFPB, Phoenix Financial Services (June 8, 2023)
  4. Commons fact-specific discussion: notice and actual knowledge