Texas Finance Code

§ 392.403 — CIVIL REMEDIES

FI § 392.403Title 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES · Ch. 392. DEBT COLLECTION · Art. E. DEFENSE, CRIMINAL PENALTY, AND CIVIL REMEDIES

Statute text

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(a)A person may sue for:

(1)injunctive relief to prevent or restrain a violation of this chapter; and

(2)actual damages sustained as a result of a violation of this chapter.

(b)A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs.

(c)On a finding by a court that an action under this section was brought in bad faith or for purposes of harassment, the court shall award the defendant attorney's fees reasonably related to the work performed and costs.

(d)If the attorney general reasonably believes that a person is violating or is about to violate this chapter, the attorney general may bring an action in the name of this state against the person to restrain or enjoin the person from violating this chapter.

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Legislative history

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.