The following came from the TX Finance Code 392 which pertains to debt collectors: § 392.304. Fraudulent, Deceptive, or Misleading Representations (a) Except as otherwise provided by this section, in debt collection or obtaining information concerning a consumer, a debt collector may not use a fraudulent, deceptive, or misleading representation that employs the following practices: (9) representing falsely that a debt collector is vouched for, bonded by, or affiliated with, or is an instrumentality, agent, or official of, this state or an agency of federal, state, or local government; Last night PBC, when I questioned them about being bonded in TX first said "we aren't doing business in TX", and then when pushed said "yeah ok, we are bonded in TX". Something I read in another post earlier from Butch -Should I fire off a fax today confirming this conversation that Idiot Rep (I have his name), verified they are bonded...just in case they aren't? I don't want to jump in over my head, and would appreciate help!
jlynn You may want to check TX regs to see if CA's are required to be bonded to do business within the state. That may be the type of bond the "idiot rep" was meaning. That would be different than being bonded by the state. As I read (9) above to mean is that a CA cannot represent that they are approved or endorsed by the state of that they have some sort of specific relationship with the state of TX directly. I may be reading the section wrong and if I am would welcome correction. fla-tan
I know they are required to carry a $10,000 bond, and am searching the Secretary of State sight now to find out how to find out if they are indeed bonded.
jlynn...is this GE Card Services? If so, is this a relatively old account? I've dealt with them and they don't have any documentation on old JC Penney accounts...at least any earlier than 1997-1998. I'd be happy to pass on a contact if this is the same as in your situation. L
How did you find out if they were bonded? I'm checking on a CA in Texas now and needs such info. Please reply quick
Sorry edoggie, just got your message. Call 512-475-0775 thats the Legal Support Unit for the Secretary of State, she gave me the information right over the phone.
No, unfortunately its brand new. Went to charge off just as we got some cash. It is my intent to negotiate with JC Penney directly. Thanks anyway!
jlynn, I too am in Texas. What was the web address you were searching on to find the bond information? thanks in advance.
Well HOOOOOwdy, Its www.sos.state.tx.us I did a search on their site under debt collectors. The phone number I posted is for the Legal Support Unit. This is the dept that handles a lot of miscellaneous compliance stuff. I called the number I gave to edoggie, and the lady that answered looked up the name of the CA immediately.
Oh yea, and if you haven't read the TX Finance Code, it is a must have. We rednecks have some great consumer protection laws. www.capitol.state.tx.us Look under the Finance Code for Chapter 392
And HOWDY to you too jlynn. Thanks for the link...very helpful I might add. I have been trying to find something online regarding small claims court, preferably a link for San Antonio, but have come up empty. Any ideas? Thanks again.
Thanks waalien...That helps out a lot also! BTW...I wouldn't think an AVS fan would be so kind. I myself am a Wings fan...having grown up in MI. It's the only professional team we have up there that I can publicly cheer about...LOL...there sure have been some heated games between the AVS and Wings. Any way...Thanks again for the link!
Rednecks? Speak for yourself, but I try my best not to perpetuate the Texas stereotype anymore than Hollywood already has. Sorry, just my Texas pride (not the cheap beer by the same name.lol) kicking in, but the Texas Finance Code ROCKS!!! I love the fact that you can send a C&D letter to an OC.
I haven't been able to read all of it but it definately is consumer friendly! Can't believe all states aren't this way. I might just have to retire here....hmmmmmm
Yeah, you gotta love those 10 gallon hats and bolero ties the rest of the world still thinks we wear! Born and raised here. Spent last year living in FL, and within 1 mth was ready to come home. I refer to it as our "One Year Mistake".
I just saw this... and had to LOL. I have no idea what an AVS is, other than some type of sports team. I tend to stick solely with pro and college football for sports entertainment. Although I did go to a Blues game once, and used to regularly attend my local AAA baseball games. I think NanaC is the AVS fan ;-)
