reglab/housing_qa huggingface dataset:
TX Fin Code § 392.303 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter D. Prohibited Debt Collection Methods|Section 392.303. Unfair or Unconscionable Means

Sec. 392.303.  UNFAIR OR UNCONSCIONABLE MEANS.  (a)  In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices:(1)  seeking or obtaining a written statement or acknowledgment in any form that specifies that a consumer's obligation is one incurred for necessaries of life if the obligation was not incurred for those necessaries;(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; or(3)  collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment, if:(A)  the check or draft was dishonored or the debit payment or credit card payment was refused because the check or draft was not drawn or the payment was not made by a person authorized to use the applicable account;(B)  the debt collector has received written notice from a person authorized to use the account that the check, draft, or payment was unauthorized; and(C)  the person authorized to use the account has filed a report concerning the unauthorized check, draft, or payment with a law enforcement agency, as defined by Article 59.01, Code of Criminal Procedure, and has provided the debt collector with a copy of the report.(b)  Notwithstanding Subsection (a)(2), a creditor may charge a reasonable reinstatement fee as consideration for renewal of a real property loan or contract of sale, after default, if the additional fee is included in a written contract executed at the time of renewal.(c)  Subsection (a)(3) does not prohibit a debt collector from collecting or attempting to collect an obligation under a check, draft, debit payment, or credit card payment if the debt collector has credible evidence, including a document, video recording, or witness statement, that the report filed with a law enforcement agency, as required by Subsection (a)(3)(C), is fraudulent and that the check, draft, or payment was authorized.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 505 (H.B. 628), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 392.305 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter D. Prohibited Debt Collection Methods|Section 392.305. Deceptive Use of Credit Bureau Name

Sec. 392.305.  DECEPTIVE USE OF CREDIT BUREAU NAME.  A person may not use "credit bureau," "retail merchants," or "retail merchants association" in the person's business or trade name unless:(1)  the person is engaged in gathering, recording, and disseminating information, both favorable and unfavorable, relating to the creditworthiness, financial responsibility, and paying habits of, and similar information regarding, persons being considered for credit extension so that a prospective creditor can make a sound decision in the extension of credit;  or(2)  the person is a nonprofit retail trade association that:(A)  consists of individual members;(B)  qualifies as a bona fide business league as defined by the United States Internal Revenue Service;  and(C)  does not engage in the business of debt collection or credit reporting.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.306 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter D. Prohibited Debt Collection Methods|Section 392.306. Use of Independent Debt Collector

Sec. 392.306.  USE OF INDEPENDENT DEBT COLLECTOR.  A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continuously engages in acts or practices that are prohibited by this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.401 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter E. Defense, Criminal Penalty, and Civil Remedies|Section 392.401. Bona Fide Error

Sec. 392.401.  BONA FIDE ERROR.  A person does not violate this chapter if the action complained of resulted from a bona fide error that occurred notwithstanding the use of reasonable procedures adopted to avoid the error.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.402 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter E. Defense, Criminal Penalty, and Civil Remedies|Section 392.402. Criminal Penalty

Sec. 392.402.  CRIMINAL PENALTY.  (a)  Except as provided by Subsection (d), a person commits an offense if the person violates this chapter.(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500 for each violation.(c)  A misdemeanor charge under this section must be filed not later than the first anniversary of the date of the alleged violation.(d)  This section does not apply to a violation of Section 392.307.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1055 (H.B. 996), Sec. 3, eff. September 1, 2019.|
TX Fin Code § 392.403 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter E. Defense, Criminal Penalty, and Civil Remedies|Section 392.403. Civil Remedies

Sec. 392.403.  CIVIL REMEDIES.  (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.(e)  A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.404 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter E. Defense, Criminal Penalty, and Civil Remedies|Section 392.404. Remedies Under Other Law

Sec. 392.404.  REMEDIES UNDER OTHER LAW.  (a)  A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.(b)  This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.001 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter A. General Provisions|Section 393.001. Definitions

Sec. 393.001.  DEFINITIONS.  In this chapter:(1)  "Consumer" means an individual who is solicited to purchase or who purchases the services of a credit services organization.(2)  "Consumer reporting agency" has the meaning assigned by Section 603(f), Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)).(3)  "Credit services organization" means a person who provides, or represents that the person can or will provide, for the payment of valuable consideration any of the following services with respect to the extension of consumer credit by others:(A)  improving a consumer's credit history or rating;(B)  obtaining an extension of consumer credit for a consumer;  or(C)  providing advice or assistance to a consumer with regard to Paragraph (A) or (B).(4)  "Extension of consumer credit" means the right to defer payment of debt offered or granted primarily for personal, family, or household purposes or to incur the debt and defer its payment.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.002 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter A. General Provisions|Section 393.002. Persons Not Covered

Sec. 393.002.  PERSONS NOT COVERED.  (a)  This chapter does not apply to:(1)  a person:(A)  authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States;  and(B)  subject to regulation and supervision by this state or the United States;(2)  a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.);(3)  a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association;(4)  a credit union doing business in this state;(5)  a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));(6)  a real estate broker or salesperson licensed under Chapter 1101, Occupations Code, who is acting within the course and scope of that license;(7)  an individual licensed to practice law in this state who is acting within the course and scope of the individual's practice as an attorney;(8)  a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;(9)  a consumer reporting agency;(10)  a person whose primary business is making loans secured by liens on real property;(11)  a mortgage broker or loan officer licensed under Chapter 156, Finance Code, who is acting within the course and scope of that license;  or(12)  an electronic return originator who:(A)  is an authorized Internal Revenue Service e-file provider;  and(B)  makes, negotiates, arranges for, or transacts a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.(b)  In an action under this chapter, a person claiming an exemption under this section has the burden of proving the exemption.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.036, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1254, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 135, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.775, eff. Sept. 1, 2003.|
TX Fin Code § 393.003 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter A. General Provisions|Section 393.003. Waiver Void

Sec. 393.003.  WAIVER VOID.  A waiver of a provision of this chapter by a consumer is void.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.101 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.101. Registration Statement

Sec. 393.101.  REGISTRATION STATEMENT.  (a)  Before conducting business in this state, a credit services organization shall register with the secretary of state by filing a statement that:(1)  contains the name and address of:(A)  the organization;  and(B)  each person who directly or indirectly owns or controls at least 10 percent of the outstanding shares of stock in the organization;  and(2)  fully discloses any litigation or unresolved complaint relating to the operation of the organization filed with a governmental authority of this state or contains a notarized statement that there has been no litigation or unresolved complaint of that type.(b)  The organization shall keep a copy of the registration statement in its files.(c)  The secretary of state may not require an organization to provide information other than information contained in the registration statement.(d)  A registration certificate expires on the first anniversary of its date of issuance.  A registered credit services organization may renew a registration certificate by filing a renewal application, in the form prescribed by the secretary of state, and paying the renewal fee.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.44(a), eff. Sept. 1, 1999.|
TX Fin Code § 393.102 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.102. Update of Registration Statement

Sec. 393.102.  UPDATE OF REGISTRATION STATEMENT.  A credit services organization shall update information contained in the registration statement not later than the 90th day after the date on which the information changes.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.103 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.103. Inspection of Registration Statement

Sec. 393.103.  INSPECTION OF REGISTRATION STATEMENT.  A credit services organization shall allow a consumer to inspect the registration statement on request.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.104 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.104. Filing Fee

Sec. 393.104.  FILING FEE.  The secretary of state may charge a credit services organization a reasonable fee to cover the cost of filing a registration statement or renewal application in an amount not to exceed $100.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.44(a), eff. Sept. 1, 1999.|
TX Fin Code § 393.105 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.105. Disclosure Statement

Sec. 393.105.  DISCLOSURE STATEMENT.  Before executing a contract with a consumer or receiving valuable consideration from a consumer, a credit services organization shall provide the consumer with a document containing:(1)  a complete and detailed description of the services to be performed by the organization for the consumer and the total cost of those services;(2)  an explanation of the consumer's right to proceed against the surety bond or account obtained under Section 393.302;(3)  the name and address of the surety company that issued the surety bond or the name and address of the depository and the trustee and the account number of the surety account, as appropriate;(4)  a complete and accurate statement of the consumer's right to review information on the consumer maintained in a file by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.);(5)  a statement that information in the consumer's file is available for review:(A)  without charge on request made to the consumer reporting agency not later than the 30th day after the date on which the agency receives notice the consumer has been denied credit;  and(B)  for a minimal charge at any other time;(6)  a complete and accurate statement of the consumer's right to dispute directly with a consumer reporting agency the completeness or accuracy of an item contained in the consumer's file maintained by the agency;(7)  a statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;(8)  a complete and accurate statement explaining:(A)  when consumer information becomes obsolete;  and(B)  that a consumer reporting agency is prevented from issuing a report containing obsolete information;  and(9)  a complete and accurate statement of the availability of nonprofit credit counseling services.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.106 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter B. Registration and Disclosure Statements|Section 393.106. Copy of Disclosure Statement

Sec. 393.106.  COPY OF DISCLOSURE STATEMENT.  A credit services organization shall keep in its files a copy of a document required under Section 393.105, signed by the consumer, acknowledging receipt, until the second anniversary of the date on which the organization provides the document.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.201 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. Contract for Services|Section 393.201. Form and Terms of Contract

Sec. 393.201.  FORM AND TERMS OF CONTRACT.  (a)  Each contract for the purchase of the services of a credit services organization by a consumer must be in writing, dated, and signed by the consumer.(b)  In addition to the notice required by Section 393.202, the contract must:(1)  contain the payment terms, including the total payments to be made by the consumer, whether to the organization or to another person;(2)  fully describe the services the organization is to perform for the consumer, including each guarantee and each promise of a full or partial refund and the estimated period for performing the services, not to exceed 180 days;(3)  contain the address of the organization's principal place of business;  and(4)  contain the name and address of the organization's agent in this state authorized to receive service of process.(c)  A contract with a credit access business, as defined by Section 393.601, for the performance of services described by Section 393.602(a) must, in addition to the requirements of Subsection (b) and Section 393.302:(1)  contain a statement that there is no prepayment penalty;(2)  contain a statement that a credit access business must comply with Chapter 392 and the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692 et seq.) with respect to an extension of consumer credit described by Section 393.602(a);(3)  contain a statement that a person may not threaten or pursue criminal charges against a consumer related to a check or other debit authorization provided by the consumer as security for a transaction in the absence of forgery, fraud, theft, or other criminal conduct;(4)  contain a statement that a credit access business must comply, to the extent applicable, with 10 U.S.C. Section 987 and any regulations adopted under that law with respect to an extension of consumer credit described by Section 393.602(a);(5)  disclose to the consumer:(A)  the lender from whom the extension of consumer credit is obtained;(B)  the interest paid or to be paid to the lender; and(C)  the specific fees that will be paid to the credit access business for the business's services; and(6)  the name and address of the Office of Consumer Credit Commissioner and the telephone number of the office's consumer helpline.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 1, eff. January 1, 2012.|
TX Fin Code § 393.202 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. Contract for Services|Section 393.202. Notice of Cancellation

Sec. 393.202.  NOTICE OF CANCELLATION.  (a)  The contract must conspicuously state the following, in type that is boldfaced, capitalized, underlined, or otherwise distinguished from the surrounding written material and in immediate proximity to the space reserved for the consumer's signature:  "You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction.  See the attached notice of cancellation form for an explanation of this right."(b)  The contract must have attached two easily detachable copies of a cancellation notice.  The notice must be in boldfaced type and in the following form:"Notice of CancellationYou may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice.To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice, to:(name of seller) at (address of seller)(place of business) not later than midnight (date)I hereby cancel this transaction.(date)(purchaser's signature)"|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.203 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. Contract for Services|Section 393.203. Issuance of Contract and Other Documents

Sec. 393.203.  ISSUANCE OF CONTRACT AND OTHER DOCUMENTS.  A credit services organization shall give to the consumer, when the document is signed, a copy of the completed contract and any other document the organization requires the consumer to sign.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.204 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 393 - Credit Services Organizations|Subchapter C. Contract for Services|Section 393.204. Breach of Contract

Sec. 393.204.  BREACH OF CONTRACT.  The breach by a credit services organization of a contract under this chapter, or of an obligation arising from a contract under this chapter, is a violation of this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 393.221 (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 393.221. Definitions

Sec. 393.221.  DEFINITIONS.  In this subchapter:(1)  "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.(2)  "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.  The term is also referred to as a payday loan.(3)  "Motor vehicle title loan" or "auto 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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1301 (H.B. 2592), Sec. 1, eff. January 1, 2012.|