Tex. Bus. & Com. Code § 92.201 · Subchapter E. CIVIL ENFORCEMENT
ACTION FOR VIOLATION OF CHAPTER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A consumer damaged by a merchant's violation of this chapter is entitled to recover from the merchant:
(1) actual damages;
(2) an amount equal to 25 percent of the total amount of payments required to obtain ownership of the merchandise, except that the amount recovered under this subdivision may not be less than $250 or more than $1,000; and
(3) reasonable attorney's fees and court costs.
(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant's error if, subject to Subsection (c), the merchant:
(1) provides the consumer written notice of the error; and
(2) makes adjustments in the consumer's account as necessary to ensure:
(A) the consumer will not be required to pay an amount in excess of the amount disclosed; and
(B) the agreement otherwise complies with this chapter.
(c) A merchant must take action under Subsection (b) before:
(1) the 31st day after the date the merchant discovers the error; and
(2) the merchant receives written notice of the error from the consumer or an action under this section is filed.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.92.htm
- Text hash
- sha256 3cf37ed889062939065fe9e87735eb4c117bb3e2b0b8123094e0ea27e7596a58
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.