Texas Finance Code

§ 394.215 — PRIVATE REMEDIES

FI § 394.215Title 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES · Ch. 394. DEBTOR ASSISTANCE · Art. C. CONSUMER DEBT MANAGEMENT SERVICES

Statute text

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(a)An agreement for debt management services between a consumer and a person that is not registered under this subchapter is void.

(b)A consumer is entitled to recover all fees paid by the consumer under a void agreement, costs, and reasonable attorney's fees.

(c)In addition to any other remedies provided by this subchapter, a consumer who is aggrieved by a violation of this subchapter, a rule adopted by the finance commission under this subchapter, or by any unfair, unconscionable, or deceptive act or practice may recover:

(1)actual damages;

(2)punitive damages for acts or practices under a void agreement; and

(3)the costs of the action, including reasonable attorney's fees based on the amount of time involved.

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.