Bill Text: TX HB4266 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to credit repair services performed by credit repair organizations.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB4266 Detail]
Download: Texas-2021-HB4266-Comm_Sub.html
87R16481 MWC-F | |||
By: Shine, Button | H.B. No. 4266 | ||
Substitute the following for H.B. No. 4266: | |||
By: Parker | C.S.H.B. No. 4266 |
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relating to credit repair services performed by credit repair | ||
organizations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 394, Finance Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. CREDIT REPAIR ORGANIZATIONS | ||
Sec. 394.301. DEFINITIONS. In this subchapter: | ||
(1) "Commissioner" means the consumer credit | ||
commissioner. | ||
(2) "Credit repair organization" means an | ||
organization that provides, or represents that the organization can | ||
or will provide, for the payment of valuable consideration, any of | ||
the following services with respect to the extension of consumer | ||
credit by others: | ||
(A) improving a consumer's credit history or | ||
rating; or | ||
(B) providing advice or assistance to a consumer | ||
with regard to Paragraph (A). | ||
(3) "Finance commission" means the Finance Commission | ||
of Texas. | ||
Sec. 394.302. DISCLOSURE STATEMENT. Before executing a | ||
contract with a consumer, or receiving valuable consideration from | ||
a consumer, a credit repair organization shall provide the consumer | ||
with a document containing: | ||
(1) a list of the inaccurate or obsolete adverse | ||
information appearing on the consumer's credit report which the | ||
credit repair organization will seek to delete or modify; | ||
(2) the basis for the deletion or modification of the | ||
adverse information; | ||
(3) a description of each modification sought; and | ||
(4) the anticipated payment required by the consumer | ||
to achieve each account deletion or modification, if applicable. | ||
Sec. 394.303. COMMUNICATIONS WITH CONSUMER REPORTING | ||
AGENCY OR DATA FURNISHER. (a) A credit repair organization or a | ||
representative of the organization may not: | ||
(1) communicate with a consumer reporting agency, | ||
creditor, debt collector, or debt buyer about a consumer without | ||
the written authorization of the consumer; or | ||
(2) communicate with a consumer reporting agency, | ||
creditor, debt collector, or debt buyer by impersonating a consumer | ||
and failing to identify as a credit repair organization if the | ||
credit repair organization initiates the communication. | ||
(b) A credit repair organization or a representative of the | ||
organization shall provide with the first written communication to | ||
a consumer reporting agency or data furnisher sufficient | ||
information to investigate a dispute of an item related to an | ||
extension of consumer credit that is in the creditor's, debt | ||
collector's, debt buyer's, or consumer reporting agency's files, | ||
including any relevant information and copies of documents | ||
concerning the disputed item. | ||
Sec. 394.304. REMOVAL OF ACCURATE INFORMATION PROHIBITED. | ||
A credit repair organization or a representative of the | ||
organization may not seek to remove, or advise a consumer to remove | ||
or seek to remove, adverse information from the consumer's credit | ||
report that is known to the credit repair organization, or that by | ||
the exercise of reasonable care should be known to the credit repair | ||
organization, to be accurate. | ||
Sec. 394.305. ITEMIZED STATEMENT REQUIRED; PERFORMANCE OF | ||
AGREED SERVICES. (a) A credit repair organization or a | ||
representative of the organization shall provide an itemized | ||
monthly statement to the consumer showing each service performed | ||
for the consumer under the contract, including: | ||
(1) each communication and credit check made on behalf | ||
of the consumer; and | ||
(2) the date of each service performed. | ||
(b) A credit repair organization or a representative of the | ||
organization must perform the agreed services not later than the | ||
180th day after the date the consumer signs the contract for those | ||
services. | ||
Sec. 394.306. RESTRICTIONS ON CERTAIN COMMUNICATIONS. A | ||
credit repair organization or a representative of the organization | ||
may not: | ||
(1) send a communication, directly or indirectly, to a | ||
person on behalf of a consumer without disclosing the sender's | ||
identity, street address, telephone number, and facsimile number, | ||
and, if applicable, the name and street address of any parent | ||
organization of the sender; | ||
(2) send a written communication on behalf of a | ||
consumer to a person other than the consumer without providing a | ||
copy of the communication to the consumer not later than the fifth | ||
day after the date the communication is sent; or | ||
(3) send a written communication that contains | ||
personal information of a consumer without redacting the consumer's | ||
personal information to include only: | ||
(A) the last four digits of the consumer's social | ||
security number, taxpayer identification number, or state | ||
identification number; | ||
(B) the last four digits of the consumer's | ||
financial account number, credit card number, or debit card number; | ||
or | ||
(C) the month and year of the consumer's date of | ||
birth, unless otherwise required by law. | ||
Sec. 394.307. DAMAGES. (a) A consumer injured by a | ||
violation of this subchapter is entitled to recover: | ||
(1) actual damages; | ||
(2) injunctive and equitable relief; and | ||
(3) the costs of the action, including reasonable | ||
attorney's fees. | ||
(b) In addition to an award under Subsection (a), a consumer | ||
who prevails in an action under this subchapter may recover | ||
exemplary damages in an amount of not less than $100 or more than | ||
$1,000 in accordance with Chapter 41, Civil Practice and Remedies | ||
Code. | ||
Sec. 394.308. DUTIES AND REMEDIES ADDITIONAL TO OTHER LAW. | ||
(a) The duties and responsibilities of a credit repair | ||
organization under this subchapter are in addition to and not in | ||
replacement of the duties and responsibilities of a credit repair | ||
organization under other laws of this state. | ||
(b) Remedies and damages afforded under this subchapter to | ||
consumers who are injured by a violation of this subchapter are in | ||
addition to and not in replacement of remedies and damages afforded | ||
under other laws of this state to those consumers. | ||
Sec. 394.309. RULES; ADDITIONAL ENFORCEMENT POWERS. (a) | ||
The finance commission may adopt rules to carry out this | ||
subchapter. | ||
(b) The commissioner may: | ||
(1) investigate the activities of a person subject to | ||
this subchapter to determine compliance with this subchapter, | ||
including examination of the books, accounts, and records of a | ||
credit repair organization; and | ||
(2) require or permit a person to file a statement | ||
under oath and otherwise subject to the penalties of perjury as to | ||
all the facts and circumstances of the matter to be investigated. | ||
(c) Failure to comply with an investigation under | ||
Subsection (b) is grounds for issuance of a cease and desist order. | ||
(d) The commissioner may receive and act on complaints, take | ||
action to obtain voluntary compliance with this subchapter, and | ||
refer cases to the attorney general for prosecution. | ||
(e) The commissioner may enforce this subchapter and rules | ||
adopted under this subchapter by: | ||
(1) ordering the violator to cease and desist from the | ||
violation and any similar violations; | ||
(2) ordering the violator to take affirmative action | ||
to correct the violation, including the restitution of money or | ||
property to a person aggrieved by the violation; or | ||
(3) imposing an administrative penalty not to exceed | ||
$1,000 for each violation. | ||
(f) In determining the amount of an administrative penalty | ||
to be imposed under this section, the commissioner shall consider: | ||
(1) the seriousness of the violation; | ||
(2) the good faith of the violator; | ||
(3) the violator's history of previous violations; | ||
(4) the deleterious effect of the violation on the | ||
public; | ||
(5) the assets of the violator; and | ||
(6) any other factors the commissioner considers | ||
relevant. | ||
(g) The commissioner, on relation of the attorney general at | ||
the request of the commissioner, may bring an action in district | ||
court to enjoin a person from engaging in an act or continuing a | ||
course of action that violates this subchapter. The court may order | ||
a preliminary or final injunction. | ||
SECTION 2. Sections 394.302 and 394.305, Finance Code, as | ||
added by this Act, apply only to a contract entered into on or after | ||
the effective date of this Act. A contract entered into before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the contract was entered into, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |