Tex. Fin. Code § 349.404 · Subchapter E. PROCEDURES FOR CIVIL ACTIONS
LIABILITY UNDER SUBCHAPTER IN LIEU OF LIABILITY UNDER CONSUMER CREDIT PROTECTION ACT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 349.002, or 349.003 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, 349.002, or 349.003 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, 349.002, or 349.003; and
(2) reasonable attorney's fees set by the court.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.349.htm
- Text hash
- sha256 6e3913d891cdefeba2257181ade50d05e6f933e86848a6edda9f3539a299290d
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Finance Code
- Tex. Fin. Code § 349.001LIABILITY FOR CONTRACTING FOR, CHARGING, OR RECEIVING EXCESSIVE AMOUNT.Printed as Section 349.001, 349.002, or 349.003
- Tex. Fin. Code § 349.002LIABILITY FOR CHARGES EXCEEDING TWICE AMOUNT AUTHORIZED.Printed as Section 349.001, 349.002, or 349.003
- Tex. Fin. Code § 349.003LIABILITY FOR FAILURE TO PERFORM OR FOR PERFORMANCE OF PROHIBITED ACT.Printed as Section 349.001, 349.002, or 349.003
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.