Question
Dan and Pat divorced. Dan Immediately wrote to National Credit Card Company instructing NCC to cancel the credit card NCC had issued in Dan's name.
Dan and Pat divorced. Dan Immediately wrote to National Credit Card Company instructing NCC to cancel the credit card NCC had issued in Dan's name. NCC acknowledged receipt of the letter and took steps to cancel the card.
However, before NCC could finalize the cancelation, Pat charged merchandise up to the credit card's maximum of $10,000. Pat made no payments on the account. Under applicable Texas law, Dan had no liability for this debt.
NCC sent a letter to Dan demanding payment of the outstanding $10,000. This was Dan's first notice of the credit card balance. Dan wrote a letter disclaiming his responsibility for the balance and explaining that Pat had, without his authorization charged the entire amount after the divorce. Although NCC received the letter, it reported the account as a bad debt on Dan's record with the local credit reporting bureau in Dan's hometown.
NCC assigned the account to Capital Collection Agency (Capital) for collection. Capital repeatedly called Dan at work and claimed to be owed $10,000 to one of its clients. Capital refused to identify the client and refused to give Dan's Capital's address and phone number.
Capital sent a letter to Dan at work falsely that it had a judgement against him and filed a judgement lien against him in his county's deed records. Capital told Dan's business partner that Dan was guilty of fraud and that it intended to pursue criminal charges against Dan.
As a result of Capital's assertions, Dan's partner dissolved the partnership, causing Dan to lose his livelihood. Dan had extreme anxiety attack, saw a doctor, and had to be hospitalized. He incurred medical bills in the amount of $10,000.
Lawyer, an attorney hired by Capital, sent a demand letter to Dan and his attorney. Dan's attorney convinced Lawyer that the alleged debt was not Dan's responsibility. Although lawyer advised Capital and NCC that the debt was Pat's, not Dan's. NCC refused to correct the inaccuracy at Dan's local credit reporting bureau and refused to cease collection efforts against Dan.
What remedies, if any, are available to Dan under the Texas Debt Collection Practices Act and the Deceptive Trade Practices Act?
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