Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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:(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.Added by Acts 2005, 79th Leg., Ch. 336, Sec. 1, eff. 9/1/2005.