Tex. Fin. Code Section 349.001
Liability for Contracting For, Charging, or Receiving Excessive Amount

(a)

A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:

(1)

twice the amount of the interest or time price differential contracted for, charged, or received; and

(2)

reasonable attorney’s fees set by the court.

(b)

A person who violates this subtitle by contracting for, charging, or receiving a charge, other than interest or time price differential, greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:

(1)

the greater of:

(A)

three times the amount computed by subtracting the amount of the charge authorized by this subtitle from the amount of the charge contracted for, charged, or received; or

(B)

$2,000 or 20 percent of the amount of the principal balance, whichever is less; and

(2)

reasonable attorney’s fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.24(a), eff. Sept. 1, 1999.

Source: Section 349.001 — Liability for Contracting For, Charging, or Receiving Excessive Amount, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­349.­htm#349.­001 (accessed Jun. 5, 2024).

349.001
Liability for Contracting For, Charging, or Receiving Excessive Amount 349.002
Liability for Charges Exceeding Twice Amount Authorized 349.003
Liability for Failure to Perform or for Performance of Prohibited Act 349.004
Liability Related to Criminal Offense 349.005
Liability for Violating Injunction 349.101
No Liability if Violation Unintentional and from Bona Fide Error or if in Conformity with Other Law 349.102
Liability for Multiple Violations in One Transaction 349.103
Limitation on Multiple Recovery of Penalties 349.201
Correction Resulting in No Liability 349.202
Correction of Violation of Failure to Act or Performing Prohibited Act Resulting in Limited Liability 349.203
Correction of Violation of Charging Excessive Amounts Resulting in Limited Liability 349.204
Giving Written Notice 349.205
Correction Exception Available to All Similarly Situated 349.301
Payment of Fees 349.302
Late Filing Fee for Registering or Renewal of Registration 349.303
Late Filing Fee for Obtaining or Renewing License 349.304
Effect of Compliance with Subchapter for Registrant or License Holder 349.305
Effect of Compliance with Subchapter on Person Other than Registrant or License Holder 349.401
Venue 349.402
Limitation Period 349.403
Class Action 349.404
Liability Under Subchapter in Lieu of Liability Under Consumer Credit Protection Act 349.501
Offense of Charges Exceeding Twice Amount Authorized 349.502
Offense of Engaging in Lending Business Without Proper Authority 349.503
Certain Proceedings in Connection with Sale-leaseback Transaction
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Accessed:
Jun. 5, 2024

§ 349.001’s source at texas​.gov