reglab/housing_qa huggingface dataset:
TX Fin Code § 393.222 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. -1. Notice and Disclosure Requirements for Certain Credit Services Organizations|Section 393.222. Posting of Fee Schedule; Notices

Sec. 393.222.  POSTING OF FEE SCHEDULE; NOTICES.  (a)  A credit access business shall post, in a conspicuous location in an area of the business accessible to consumers and on any Internet website, including a social media site, maintained by the credit access business:(1)  a schedule of all fees to be charged for services performed by the credit access business in connection with deferred presentment transactions and motor vehicle title loans, as applicable;(2)  a notice of the name and address of the Office of Consumer Credit Commissioner and the telephone number of the office's consumer helpline; and(3)  a notice that reads as follows:"An advance of money obtained through a payday loan or auto title loan is not intended to meet long-term financial needs.  A payday loan or auto title loan should only be used to meet immediate short-term cash needs.  Refinancing the loan rather than paying the debt in full when due will require the payment of additional charges."(b)  The Finance Commission of Texas may adopt rules to implement this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1301 (H.B. 2592), Sec. 1, eff. January 1, 2012.|
TX Fin Code § 393.223 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. -1. Notice and Disclosure Requirements for Certain Credit Services Organizations|Section 393.223. Consumer Transaction Information

Sec. 393.223.  CONSUMER TRANSACTION INFORMATION.  (a)  Before performing services described by Section 393.221(1), a credit access business must provide to a consumer a disclosure adopted by rule of the Finance Commission of Texas that discloses the following in a form prescribed by the commission:(1)  the interest, fees, and annual percentage rates, as applicable, to be charged on a deferred presentment transaction or on a motor vehicle title loan, as applicable, in comparison to interest, fees, and annual percentage rates to be charged on other alternative forms of consumer debt;(2)  the amount of accumulated fees a consumer would incur by renewing or refinancing a deferred presentment transaction or motor vehicle title loan that remains outstanding for a period of two weeks, one month, two months, and three months; and(3)  information regarding the typical pattern of repayment of deferred presentment transactions and motor vehicle title loans.(b)  If a credit access business obtains or assists a consumer in obtaining a motor vehicle title loan, the credit access business shall provide to the consumer a notice warning the consumer that in the event of default the consumer may be required to surrender possession of the motor vehicle to the lender or other person to satisfy the consumer's outstanding obligations under the loan.(c)  The Finance Commission of Texas shall adopt rules to implement this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1301 (H.B. 2592), Sec. 1, eff. January 1, 2012.|
TX Fin Code § 393.224 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. -1. Notice and Disclosure Requirements for Certain Credit Services Organizations|Section 393.224. Administrative Penalty

Sec. 393.224.  ADMINISTRATIVE PENALTY.  The consumer credit commissioner, in accordance with rules adopted by the Finance Commission of Texas, may assess an administrative penalty against a credit access business that knowingly and wilfully violates this subchapter or a rule adopted under this subchapter in the manner provided by Subchapter F, Chapter 14.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1301 (H.B. 2592), Sec. 1, eff. January 1, 2012.|
TX Fin Code § 393.301 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.301. Representative

Sec. 393.301.  REPRESENTATIVE.  In this subchapter, a representative of a credit services organization includes:(1)  a salesperson, agent, or other representative of the organization;  and(2)  an independent contractor who sells or attempts to sell the services of the organization.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.302 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.302. Charge or Receipt of Consideration Before Completion of Services

Sec. 393.302.  CHARGE OR RECEIPT OF CONSIDERATION BEFORE COMPLETION OF SERVICES.  A credit services organization or a representative of the organization may charge or receive from a consumer valuable consideration before completely performing all the services the organization has agreed to perform for the consumer only if the organization has obtained a surety bond for each of its locations or established and maintained a surety account for each of its locations in accordance with Subchapter E.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.43(a), eff. Sept. 1, 1999.|
TX Fin Code § 393.303 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.303. Charge or Receipt of Consideration for Referral

Sec. 393.303.  CHARGE OR RECEIPT OF CONSIDERATION FOR REFERRAL.  A credit services organization or a representative of the organization may not charge or receive from a consumer valuable consideration solely for referring the consumer to a retail seller who will or may extend to the consumer credit that is substantially the same as that available to the public.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.304 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.304. False or Misleading Representation or Statement

Sec. 393.304.  FALSE OR MISLEADING REPRESENTATION OR STATEMENT.  A credit services organization or a representative of the organization may not:(1)  make or use a false or misleading representation in the offer or sale of the services of the organization, including:(A)  guaranteeing to "erase bad credit" or words to that effect unless the representation clearly discloses this can be done only if the credit history is inaccurate or obsolete;  and(B)  guaranteeing an extension of consumer credit regardless of the person's credit history unless the representation clearly discloses the eligibility requirements for obtaining the extension;  or(2)  make, or advise a consumer to make, a statement relating to a consumer's credit worthiness, credit standing, or credit capacity that the person knows, or should know by the exercise of reasonable care, to be false or misleading to a:(A)  consumer reporting agency;  or(B)  person who has extended consumer credit to a consumer or to whom a consumer is applying for an extension of consumer credit.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.305 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.305. Fraudulent or Deceptive Conduct

Sec. 393.305.  FRAUDULENT OR DECEPTIVE CONDUCT.  A credit services organization or a representative of the organization may not directly or indirectly engage in a fraudulent or deceptive act, practice, or course of business relating to the offer or sale of the services of the organization.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.306 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.306. Advertising Services Without Filing Registration Statement

Sec. 393.306.  ADVERTISING SERVICES WITHOUT FILING REGISTRATION STATEMENT.  A credit services organization or a representative of the organization may not advertise the services of the organization if the organization has not filed a registration statement required by Subchapter B.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.307 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter D. Prohibitions and Restrictions|Section 393.307. Causing Waiver Prohibited

Sec. 393.307.  CAUSING WAIVER PROHIBITED.  A credit services organization may not attempt to cause a consumer to waive a right under this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.401 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.401. Surety Bond

Sec. 393.401.  SURETY BOND.  (a)  The surety bond of a credit services organization must be issued by a surety company authorized to do business in this state.(b)  A copy of the bond shall be filed with the secretary of state.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.402 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.402. Surety Account

Sec. 393.402.  SURETY ACCOUNT.  (a)  The surety account of a credit services organization must be held in trust at a federally insured bank or savings association located in this state.(b)  The name of the depository and the trustee and the account number of the surety account must be filed with the secretary of state.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.037, eff. Sept. 1, 1999.|
TX Fin Code § 393.403 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.403. Amount of Surety Bond or Account

Sec. 393.403.  AMOUNT OF SURETY BOND OR ACCOUNT.  The surety bond or account of a credit services organization must be in the amount of $10,000.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.404 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.404. Beneficiary of Surety Bond or Account

Sec. 393.404.  BENEFICIARY OF SURETY BOND OR ACCOUNT.  The surety bond or account of a credit services organization must be in favor of:(1)  this state for the benefit of a person damaged by a violation of this chapter;  and(2)  a person damaged by a violation of this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.405 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.405. Claim Against Surety Bond or Account

Sec. 393.405.  CLAIM AGAINST SURETY BOND OR ACCOUNT.  (a)  A person making a claim against a surety bond or account of a credit services organization for a violation of this chapter may file suit against:(1)  the organization;  and(2)  the surety or trustee.(b)  A surety or trustee is liable only for actual damages, reasonable attorney's fees, and court costs awarded under Section 393.503(a).(c)  The aggregate liability of a surety or trustee for an organization's violation of this chapter may not exceed the amount of the surety bond or account.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.406 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.406. Term of Surety Bond or Account

Sec. 393.406.  TERM OF SURETY BOND OR ACCOUNT.  The surety bond or account of a credit services organization must be maintained until the second anniversary of the date on which the organization ceases operations.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.407 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter E. Surety Bond; Surety Account|Section 393.407. Payment of Money in Surety Account to Credit Services Organization

Sec. 393.407.  PAYMENT OF MONEY IN SURETY ACCOUNT TO CREDIT SERVICES ORGANIZATION.  (a)  A depository may not pay money in a surety account to the credit services organization that established the account or a representative of the organization unless the organization or representative presents a statement issued by the secretary of state indicating that the requirement of Section 393.406 has been satisfied in relation to the account.(b)  The secretary of state may conduct an investigation and require information to be submitted as necessary to enforce this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.501 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter F. Criminal Penalties and Civil Remedies|Section 393.501. Criminal Penalty

Sec. 393.501.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.(b)  An offense under this chapter is a Class B misdemeanor.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.502 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter F. Criminal Penalties and Civil Remedies|Section 393.502. Injunctive Relief

Sec. 393.502.  INJUNCTIVE RELIEF.  A district court on the application of the attorney general or a consumer may enjoin a violation of this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.503 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter F. Criminal Penalties and Civil Remedies|Section 393.503. Damages

Sec. 393.503.  DAMAGES.  (a)  A consumer injured by a violation of this chapter is entitled to recover:(1)  actual damages in an amount not less than the amount the consumer paid the credit services organization;(2)  reasonable attorney's fees;  and(3)  court costs.(b)  A consumer who prevails in an action under this section may also be awarded punitive damages.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.504 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter F. Criminal Penalties and Civil Remedies|Section 393.504. Deceptive Trade Practice

Sec. 393.504.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.505 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter F. Criminal Penalties and Civil Remedies|Section 393.505. Statute of Limitations

Sec. 393.505.  STATUTE OF LIMITATIONS.  An action under Section 393.503 or 393.504 must be brought not later than the fourth anniversary of the date on which the contract to which the action relates is executed.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.601 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.601. Definitions

Sec. 393.601.  DEFINITIONS.  In this subchapter:(1)  "Commissioner" means the consumer credit commissioner.(2)  "Credit access business" means a credit services organization that obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of a deferred presentment transaction or a motor vehicle title loan.(3)  "Deferred presentment transaction" has the meaning assigned by Section 341.001.  For purposes of this chapter, this definition does not preclude repayment in more than one installment.(4)  "Finance commission" means the Finance Commission of Texas.(5)  "Motor vehicle title loan" means a loan in which an unencumbered motor vehicle is given as security for the loan.  The term does not include a retail installment transaction under Chapter 348 or another loan made to finance the purchase of a motor vehicle.(6)  "Office" means the Office of Consumer Credit Commissioner.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.|
TX Fin Code § 393.602 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.602. Applicability

Sec. 393.602.  APPLICABILITY.  (a)  This subchapter applies only to a credit services organization that, with respect to a consumer who is located in this state at the time of the transaction, obtains for a consumer or assists a consumer in obtaining an extension of consumer credit in the form of:(1)  a deferred presentment transaction; or(2)  a motor vehicle title loan.(b)  A credit access business may assess fees for its services as agreed to between the parties.  A credit access business fee may be calculated daily, biweekly, monthly, or on another periodic basis. A credit access business is permitted to charge amounts allowed by other laws, as applicable.  A fee may not be charged unless it is disclosed.(c)  A person may not use a device, subterfuge, or pretense to evade the application of this subchapter.  A lawful transaction governed under another statute, including Title 1, Business & Commerce Code, does not violate this subsection and may not be considered a device, subterfuge, or pretense to evade the application of this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 82, eff. September 1, 2019.|
TX Fin Code § 393.603 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.603. License Required

Sec. 393.603.  LICENSE REQUIRED.  A credit services organization must obtain a license under this subchapter for each location at which the organization operates as a credit access business in performing services described by Section 393.602(a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.|
TX Fin Code § 393.604 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.604. Application for License

Sec. 393.604.  APPLICATION FOR LICENSE.  (a)  An application for a license under this subchapter must:(1)  be under oath;(2)  give the approximate location from which the business is to be conducted;(3)  identify the business's principal parties in interest;(4)  contain the name, physical address, and telephone number of all third-party lender organizations with which the business contracts to provide services described by Section 393.602(a) or from which the business arranges extensions of consumer credit described by Section 393.602(a); and(5)  contain other relevant information that the commissioner requires for the findings required under Section 393.607.(b)  On the filing of one or more license applications, the applicant shall pay to the commissioner an investigation fee of $200.  Except for good cause as determined by the finance commission, a separate investigation fee is not required for multiple license applications.(c)  On the filing of each license application, the applicant shall pay to the commissioner a license fee in an amount determined as provided by Section 14.107.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 83, eff. September 1, 2019.|
TX Fin Code § 393.605 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.605. Bond

Sec. 393.605.  BOND.  (a)  If the commissioner requires, an applicant for a license under this subchapter shall file with the application a bond that is:(1)  in an amount satisfactory to the commissioner that does not exceed the lesser of:(A)  $10,000 for the first license and $10,000 for each additional license; or(B)  $2,500,000; and(2)  issued by a surety company qualified to do business as a surety in this state.(b)  The bond must be in favor of this state for the use of this state and the use of a person who has a cause of action under this subchapter against the license holder.(c)  The bond must be conditioned on:(1)  the license holder's faithful performance under this subchapter and rules adopted under this subchapter; and(2)  the payment of all amounts that become due to this state or another person under this subchapter during the period for which the bond is given.(d)  The aggregate liability of a surety to all persons damaged by the license holder's violation of this subchapter may not exceed the amount of the bond.(e)  A credit access business that files a bond under this section is not required to file a bond under Subchapter E.(f)  A credit access business, instead of obtaining a surety bond, may satisfy the requirements of this section by depositing an amount described by Subsection (a)(1) in a surety account held in trust at a federally insured bank or savings association located in this state.  The name of the depository, trustee, and account number of the surety account must be filed with the office.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 84, eff. September 1, 2019.|
TX Fin Code § 393.606 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter G. Licensing and Regulation of Certain Credit Services Organizations|Section 393.606. Investigation of Application

Sec. 393.606.  INVESTIGATION OF APPLICATION.  On the filing of an application and a bond, if required under Section 393.605, and on payment of the required fees, the commissioner shall conduct an investigation to determine whether to issue the license.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.|