Tex. Fin. Code Section 349.404
Liability Under Subchapter in Lieu of Liability Under Consumer Credit Protection Act

(a)

A final judgment granting or denying relief under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) bars a subsequent action under Section 349.001 (Liability for Contracting For, Charging, or Receiving Excessive Amount), 349.002 (Liability for Charges Exceeding Twice Amount Authorized), or 349.003 (Liability for Failure to Perform or for Performance of Prohibited Act) by the same obligor with respect to the same violation.

(b)

If an obligor brings an action under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) against a person after a final judgment has been rendered under Section 349.001 (Liability for Contracting For, Charging, or Receiving Excessive Amount), 349.002 (Liability for Charges Exceeding Twice Amount Authorized), or 349.003 (Liability for Failure to Perform or for Performance of Prohibited Act) in favor of the obligor against that person with respect to the same violation, that person in the same or an independent action may sue that obligor to recover:

(1)

the amount of the judgment rendered under Section 349.001 (Liability for Contracting For, Charging, or Receiving Excessive Amount), 349.002 (Liability for Charges Exceeding Twice Amount Authorized), or 349.003 (Liability for Failure to Perform or for Performance of Prohibited Act); and

(2)

reasonable attorney’s fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Source: Section 349.404 — Liability Under Subchapter in Lieu of Liability Under Consumer Credit Protection Act, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­349.­htm#349.­404 (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

§ 349.404’s source at texas​.gov