Texas Finance Code § 392.303 states:
(a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices:
(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; (emphasis mine)
What is considered “legally chareable to the consumer”? The reason I ask is because there is a collection on my reports for $ 849 and when I sent a DV (also under TFC), they sent me a credit card statement that shows a balance of $ 596. I’m trying to understand if they have a basis for trying to charge me $ 253 more than their own debt validation information. I’m may write to them and ask them to clarify, but I want to be sure I understand what “legally chargeable to the consumer” means in this context.