Tex.
Fin. Code Section 394.215
Private Remedies
(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.(d)
An aggrieved consumer may sue for injunctive and other appropriate equitable relief to stop a person from violating this subchapter.(e)
The remedies provided in this section are not intended to be the exclusive remedies available to a consumer nor must the consumer exhaust any administrative remedies provided under this subchapter or any other applicable law.
Source:
Section 394.215 — Private Remedies, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.394.htm#394.215 (accessed Jun. 5, 2024).
