Lyin’ Magistrate Judge Peter Bray of the Southern District Federal Court, Houston Division
The Burkes claim that Defendants’ conduct violated both the Texas Debt Collection Act (TDCA) and the Fair Debt Collection Practices Act (FDCPA).
The Burkes also argue that Defendants failed to file a copy of a surety bond with the Texas Secretary of State as required by Tex. Fin. Code Ann. § 392.101.
Texas Finance Code, Section 392.101, titled “Bond Requirement” states:
(a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section.
A copy of the bond must be filed with the secretary of state.
The Burkes’ Exhibit from the Secretary of State of Texas confirming Hopkins Law PLLC violates TFC 392.101.
This statute only applies to “third-party debt collectors” or credit bureaus engaged in debt collection.
The Burkes have not provided facts to show that Defendants are “third-party debt collectors” engaged in debt collection.
Texas Debt Collection Act (“TDCA”)
“See TEX. FIN. CODE § 392.403(e) (“A person who successfully maintains an action under this section for violation of Section 392.101 . . . is entitled to not less than $100 for each violation of this chapter.”).”
Jackson v. U.S. Bank, Civil Action No. 4:17-CV-2516, at *4 n.6 (S.D. Tex. Aug. 28, 2018)
Fair Debt Collection Practices Act (“FDCPA”)
“To be eligible for statutory damages, Caldera must only establish that Thomas violated the FDCPA; he need not show actual reliance on a false representation or establish actual damages.”
Caldera v. RMA Recovery Grp., 5-18-CV-00807-DAE, at *10 (W.D. Tex. July 9, 2020)
The court therefore recommends that the Burkes’ statutory claims be dismissed.
Burke v. Hopkins, Civil Action H-18-4543, at *16-17 (S.D. Tex. Feb. 24, 2020)
No, MJ Bray “You Are a Criminal”.