Texas Finance Code

§ 342.415 — EFFECT OF UNAUTHORIZED INSURANCE CHARGE

FI § 342.415Title 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS · Part B. LOANS AND FINANCED TRANSACTIONS · Ch. 342. CONSUMER LOANS · Art. I. INSURANCE

Statute text

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(a)If a lender charges for insurance an amount that is not authorized under this subchapter, the lender:

(1)is not entitled to collect an amount for insurance or interest on an amount for insurance; and

(2)shall refund to the borrower or credit to the borrower's account all amounts collected for insurance and interest collected on those amounts.

(b)An overcharge that results from an accidental or bona fide error may be corrected as provided by Subchapter C, Chapter 349.

(c)The remedy provided by this section is not exclusive of any other remedy or penalty provided by this subtitle.

Legislative history

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.19(a), eff. Sept. 1, 1999.