# Tex. Finance Code § 392.303: UNFAIR OR UNCONSCIONABLE MEANS

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.303

## Section

- **Citation:** Tex. Finance Code § 392.303
- **Heading:** UNFAIR OR UNCONSCIONABLE MEANS
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code fi / Chapter 392 / Section 392.303

## Text

(a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices:

(1) seeking or obtaining a written statement or acknowledgment in any form that specifies that a consumer's obligation is one incurred for necessaries of life if the obligation was not incurred for those necessaries;

(2) collecting or attempting to collect interest or a charge, fee, or expense incidental to the obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation or legally chargeable to the consumer; or

(3) collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment, if:

(A) the check or draft was dishonored or the debit payment or credit card payment was refused because the check or draft was not drawn or the payment was not made by a person authorized to use the applicable account;

(B) the debt collector has received written notice from a person authorized to use the account that the check, draft, or payment was unauthorized; and

(C) the person authorized to use the account has filed a report concerning the unauthorized check, draft, or payment with a law enforcement agency, as defined by Article 59.01, Code of Criminal Procedure, and has provided the debt collector with a copy of the report.

(b) Notwithstanding Subsection (a)(2), a creditor may charge a reasonable reinstatement fee as consideration for renewal of a real property loan or contract of sale, after default, if the additional fee is included in a written contract executed at the time of renewal.

(c) Subsection (a)(3) does not prohibit a debt collector from collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment if the debt collector has credible evidence, including a document, video recording, or witness statement, that the report filed with a law enforcement agency, as required by Subsection (a)(3)(C), is fraudulent and that the check, draft, or payment was authorized.

## Nearby sections

- [Tex. Finance Code § 392.001 § 392.001. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.001.md)
- [Tex. Finance Code § 392.101 § 392.101. BOND REQUIREMENT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.101.md)
- [Tex. Finance Code § 392.102 § 392.102. CLAIM AGAINST BOND.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.102.md)
- [Tex. Finance Code § 392.201 § 392.201. REPORT TO CONSUMER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.201.md)
- [Tex. Finance Code § 392.202 § 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.202.md)
- [Tex. Finance Code § 392.301 § 392.301. THREATS OR COERCION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.301.md)
- [Tex. Finance Code § 392.302 § 392.302. HARASSMENT; ABUSE.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.302.md)
- [Tex. Finance Code § 392.303 § 392.303. UNFAIR OR UNCONSCIONABLE MEANS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.303.md)
- [Tex. Finance Code § 392.304 § 392.304. FRAUDULENT, DECEPTIVE, OR MISLEADING REPRESENTATIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.304.md)
- [Tex. Finance Code § 392.305 § 392.305. DECEPTIVE USE OF CREDIT BUREAU NAME.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.305.md)
- [Tex. Finance Code § 392.306 § 392.306. USE OF INDEPENDENT DEBT COLLECTOR.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.306.md)
- [Tex. Finance Code § 392.307 § 392.307. COLLECTION OF CERTAIN CONSUMER DEBT BY DEBT BUYERS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.307.md)
- [Tex. Finance Code § 392.308 § 392.308. CONSUMER VICTIM OF IDENTITY THEFT.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.308.md)
- [Tex. Finance Code § 392.401 § 392.401. BONA FIDE ERROR.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.401.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Cfi_C392_S392.303. Check the current official text before relying on it. Not legal advice.