Texas

A Texas Lemon: The OCCC Only List 57 Registered Debt Management and Settlement Companies in 2022

An astounding figure, since there are thousands of debt co’s offering debt mgt services, debt settlement and related regulated svcs in TX.

LIT Exclusive

The Texas Office of Consumer Credit Commissioner Is a Lemon Which Harms, Rather than Protect Texans

MAY 23, 2022

Debt management services: Under Section 394.202, a “debt management service” generally includes any service where a provider, on a consumer’s behalf, seeks repayment to creditors on terms more favorable than the original terms of a debt.

This term encompasses services that may have other labels in the industry (such as “debt settlement” or “debt negotiation”).

Labels used by the parties do not govern whether a service is a debt management service.

COMMISSIONER LESLIE PETTIJOHN (BA, CPA) IS A COSTLY FAILURE IN BOTH LOST REVENUES AND PROTECTIONS FOR CONSUMERS, SHE SHOULD BE SACKED IMMEDIATELY.

The failure to pursue businesses in the debt management and settlement services industry is extremely costly in terms of both revenue and consumer protection.

LIT asserts, this is what happens when you have the same person in power as the Commissioner for over 22 long years without independent oversight e.g. external auditors performing value for money audits.

As a result of this poor executive management, Texas is missing millions of dollars in revenue – for example the fee for debt management registrations (effective since 2020) is $250 per applicant.

To put that in perspective, if 4,000 businesses registered in Texas, that would be an additional $1 Million dollars revenue.

Instead, there are 57 registered businesses, $14,250 in revenue. In 2016, OCCC provided the Testimony of Pettijohn before the House Investments and Financial Services Committee which stated 108 registered businesses in both 2015 and 2016. That matching number for both years should have immediately raised a red flag, and when comparing to the other registered and licensed data figures (see image below from testimony/report).

Secondly, when LIT sampled historical reports from the FTC and CFPB, consumers are confused about these types of services offered, often leading back to rogue companies and law firms who have charged excessive fees for little or no work.

In short, is this long serving employee, Leslie Pettijohn, Commissioner of the OCCC in Texas worth the annual salary? Heck no.

WHO IS COMMISSIONER LESLIE PETTIJOHN?

From the OCCC website:

Leslie Pettijohn was appointed Texas Consumer Credit Commissioner by the Finance Commission of Texas in 1995. Her experience spans over 30 years in financial regulation along with several years of accounting experience in the private sector.

Pettijohn, as Consumer Credit Commissioner, is responsible for the supervision of the regulated activities of 12 different types of nonbank financial service providers who collectively hold more than 36,000 licenses or registrations, and provide services such as consumer loans, motor vehicle sales financing, property tax loans, and pawn loans. She is committed to promoting and ensuring a healthy financial services market that is balanced and fair for both providers and consumers — supporting economic prosperity for all Texans. She is an ardent supporter of programs that provide for the financial education of Texans.

She has been actively involved in the National Association of Consumer Credit Administrators for more than 25 years, having served in all leadership positions. Pettijohn also served as a member of the Nationwide Multistate Licensing System Policy Committee from 2012-2018. This 11-member committee, appointed by State Regulatory Registry (a subsidiary of the Conference of State Bank Supervisors), deliberates on policy issues that affect the operation of the NMLS and provides guidance and advice on system development prioritization.

Pettijohn, a native Texan, received her Bachelor of Business Administration in Accounting from the University of Texas at Austin and is a Certified Public Accountant. She also completed the Governor’s Executive Development Program at the University of Texas LBJ School of Public Affairs. Pettijohn resides in Austin and has two daughters.

Texas Administrative Code

 

TITLE 7 BANKING AND SECURITIES
PART 5 OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 88 CONSUMER DEBT MANAGEMENT SERVICES
SUBCHAPTER A REGISTRATION PROCEDURES

(a) An application for issuance of a new debt management services provider registration must be submitted as prescribed by the OCCC at the date of filing and in accordance with the OCCC’s instructions. Applications may be submitted electronically.

(b) The application must include the following required forms and filings. All questions must be answered.

(1) Application for registration.

(A) Required names and addresses. An applicant for a debt management services provider registration must provide the following:

(i) the applicant’s name;

(ii) all other names under which the applicant conducts business;

(iii) a physical street address for the applicant’s principal business address and that location’s telephone number;

(iv) the address of each location in this state at which the applicant will provide debt management services, or if the applicant will have no such location, a statement to that effect;

(v) all other business addresses of the applicant in this state;

(vi) the e-mail address of the applicant’s responsible person listed in subparagraph (B) of this paragraph; and

(vii) the applicant’s primary Internet website address.

(B) Responsible person. The person responsible for the day-to-day operation of the applicant’s proposed business location must be named.

(C) Authentication. An officer must authenticate the application.

(2) Application questionnaire. All applicable questions must be answered.

(3) Owners and principal parties.

(A) Detailed ownership and for-profit affiliate disclosure of nonprofit or tax exempt organizations. If the applicant is a nonprofit or tax exempt organization, a detailed description of the ownership interest of each officer, director, agent, or employee of the applicant must be provided. Any member of the immediate family of an officer, director, agent, or employee of the applicant, in a for-profit affiliate or subsidiary of the applicant, or in any other for-profit business entity that provides services to the applicant or to a consumer in relation to the applicant’s debt management services business must also be provided.

(B) Ownership disclosure. The section inquiring about owners requires an answer based upon the applicant’s entity type.

(i) All entity types. All applicants must disclose the name and home address of each officer and director of the applicant and each person that holds at least a 10% ownership interest in the applicant.

(ii) Corporations. All shareholders holding 10% or more voting stock must be named. If a parent corporation is the sole or part owner of the proposed business, a narrative or diagram must be provided that describes each level of ownership and management. This narrative or diagram must include the names of all officers, directors, and stockholders owning 10% or more stock at each level.

(iii) Limited liability companies. Each “manager,” “officer,” and “member” owning 10% or more of the company, as those terms are defined in Texas Business Organizations Code, §1.002, and each agent owning 10% or more of the company must be listed. If a member is a legal entity and not a natural person, a narrative or diagram must be included that describes each level of ownership of 10% or greater.

(iv) Proprietorships. The applicant must disclose the name of any individual holding an ownership interest in the business and the name of any individual responsible for operating the business. If requested, the applicant must also disclose the names of the spouses of these individuals.

(v) General partnerships. Each partner must be listed and the percentage of ownership stated. If a general partner is wholly or partially owned by a legal entity and not a natural person, a narrative or diagram must be included that lists the names and titles of all meeting the definition of “managerial official,” as contained in Texas Business Organizations Code, §1.002, and a description of the ownership of each legal entity must be provided. General partnerships that register as limited liability partnerships should provide the same information as that required for general partnerships.

(vi) Limited partnerships. Each partner, general and limited, fulfilling the requirements of subclauses (I) – (III) of this clause must be listed and the percentage of ownership stated.

(I) General partners. The applicant should provide the complete ownership, regardless of percentage owned, for all general partners. If a general partner is wholly or partially owned by a legal entity and not a natural person, a narrative or diagram must be included that lists the names and titles of all meeting the definition of “managerial official,” as contained in Texas Business Organizations Code, §1.002, and a description of the ownership of each legal entity must be provided.

(II) Limited partners. The applicant should provide a complete list of all limited partners owning 10% or more of the partnership.

(III) Limited partnerships that register as limited liability partnerships. The applicant should provide the same information as that required for limited partnerships.

(vii) Trusts or estates. Each trustee or executor, as appropriate, must be listed.

(4) Registered agent. The registered agent must be provided by each applicant. The registered agent is the person or entity to whom any legal notice may be delivered. The agent must be a Texas resident and list an address for legal service. If the registered agent is a natural person, the address must be a different address than the business location address. If the applicant is a corporation or a limited liability company, the registered agent should be the one on file with the Office of the Texas Secretary of State. If the registered agent is not the same as the agent filed with the Office of the Texas Secretary of State, then the applicant must submit a certification from the secretary of the company identifying the registered agent.

(5) Surety bond or insurance. An applicant must file with the OCCC either:

(A) a Surety Bond in the prescribed form:

(i) At initial application:

(I) A provider that receives and holds money paid by or on behalf of a consumer for disbursement to the consumer’s creditors must provide a bond in the amount of:

(-a-) $50,000, if the average daily balance of the provider’s trust account serving Texas consumers over the six-month period preceding the issuance of the bond is less than $50,000 or if the provider does not have any trust account history for Texas consumers;

(-b-) $100,000, if the average daily balance of the provider’s trust account serving Texas consumers over the six-month period preceding the issuance of the bond is $50,000 or more; or

(II) A provider that does not receive and hold money paid by or on behalf of a consumer for disbursement to the consumer’s creditors must provide a bond in the amount of $50,000.

(ii) At annual renewal:

(I) A provider that receives and holds money paid by or on behalf of a consumer for disbursement to the consumer’s creditors must provide a bond:

(-a-) in an amount that is equivalent to or exceeds the average daily balance, but is not less than $25,000, if the average daily balance of the provider’s trust account serving Texas consumers over the six-month period preceding the issuance of the bond is less than $100,000;

(-b-) in the amount of $100,000, if the average daily balance of the provider’s trust account serving Texas consumers over the six-month period preceding the issuance of the bond is $100,000 or more; or

(II) A provider that does not receive and hold money paid by or on behalf of a consumer for disbursement to the consumer’s creditors must provide a bond in the amount of $50,000; or

(B) evidence of insurance meeting the requirements of Texas Finance Code, §394.206 and clauses (i) – (iii) of this subparagraph, as follows:

(i) a fidelity insurance policy, in the aggregate amount of $100,000, that provides coverage for:

(I) employee dishonesty;

(II) depositor’s forgery;

(III) computer fraud; and

(ii) a professional liability insurance policy in the aggregate amount of $100,000.

(iii) The fidelity insurance policy and the professional liability insurance policy must cover losses sustained by a Texas resident that are attributable to a debt management service or a debt management services agreement. Both the fidelity insurance policy and the professional liability insurance policy must contain a loss payee clause or rider stating that any loss or claim arising out of an action which occurred within the scope of Texas Finance Code, Chapter 394 may be payable in favor of the State of Texas.

(6) Assumed name certificates. For any applicant that does business under an assumed name as that term is defined in Texas Business and Commerce Code, §71.002, the applicant must provide all assumed names used.

(7) Debt management services agreement. The applicant must provide a blank copy of the written debt management services agreement as described in Texas Finance Code, §394.209.

(8) Accreditation organizations. The applicant must provide the names and contact information for:

(A) the independent, third-party accreditation organization of the provider; and

(B) the accreditation organization or program that certifies the provider’s credit counselors.

(9) Fingerprints.

(A) The applicant must provide a complete set of legible fingerprints for each person meeting the definition of “principal party” in §88.101 of this title (relating to Definitions). All fingerprints must be submitted in a format prescribed by the OCCC and approved by the Texas Department of Public Safety and the Federal Bureau of Investigation.

(B) For limited partnerships, if the owners and principal parties under paragraph (3) of this subsection does not produce a natural person, the applicant must provide a complete set of legible fingerprints for individuals who are associated with the general partner as principal parties.

(C) For entities with complex ownership structures that result in the identification of individuals to be fingerprinted who do not have a substantial relationship to the proposed applicant, the applicant may submit a request to fingerprint three officers or similar employees with significant involvement in the proposed business. The request should describe the relationship and significant involvement of the individuals in the proposed business. The OCCC may approve the request, seek alternative appropriate individuals, or deny the request.

(D) For individuals who have previously been registered by the OCCC and principal parties of entities currently registered, fingerprints are not required to be provided with the initial application if the fingerprints are on record with the OCCC, are less than 10 years old, and have been processed by both the Texas Department of Public Safety and the Federal Bureau of Investigation. Upon request, the OCCC may require individuals and principal parties previously registered with the OCCC to submit a new set of fingerprints.

(E) For individuals who have previously submitted fingerprints to another state agency, fingerprints are still required to be submitted for use by the OCCC under Texas Finance Code, §14.152. Fingerprints cannot be disclosed to others, except as authorized by Texas Government Code, §560.002.

Source Note: The provisions of this §88.102 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective September 6, 2007, 32 TexReg 5659; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective September 8, 2011, 36 TexReg 5673; amended to be effective January 2, 2014, 38 TexReg 9488; amended to be effective September 10, 2015, 40 TexReg 5774; amended to be effective March 8, 2018, 43 TexReg 1258

(a) Initial review. The agency will generally respond to incomplete applications within 14 calendar days of receipt stating that the application is incomplete and specifying the information required for acceptance.

(b) Complete application. An application is complete when:

(1) it conforms to the rules and the OCCC’s published instructions;

(2) all fees have been paid; and

(3) all requests for additional information have been satisfied.

(c) Failure to complete application. If a complete application has not been filed with the OCCC within 30 days after notice of deficiency has been sent to the applicant, the application may be denied.

(d) Hearing. Whenever an application is denied, the applicant has 30 days from the date the application was denied to request in writing a hearing to contest the denial. This hearing will be conducted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001, and the rules of procedure applicable under §9.1(a) of this title (relating to Application, Construction, and Definitions), before an administrative law judge who will recommend a decision to the commissioner. The commissioner will then issue a final decision after review of the recommended decision.

(e) Denial. The commissioner will inform the applicant in writing of the reasons for denial. Upon the final denial of an application, the annual fee will be refunded to the applicant. The investigation fee will be forfeited.

(f) Processing time.

(1) A registered provider application will ordinarily be approved or denied within a maximum of 60 days after the date of filing of a completed application.

(2) More time may be taken where good cause exists, as defined by Texas Government Code, §2005.004, for exceeding the established time period in paragraph (1) of this subsection.

Source Note: The provisions of this §88.103 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective January 2, 2014, 38 TexReg 9488; amended to be effective January 7, 2016, 41 TexReg 123; amended to be effective March 8, 2018, 43 TexReg 1258

(a) Applicant’s updates to registered provider application information. Before an application for registration is approved, an applicant must report to the OCCC any information that would require a materially different answer than that given in the original registered provider application and which relates to the qualifications for registration within 14 calendar days after the person has knowledge of the information.

(b) Registrant’s updates to registration application information. A registrant must report to the OCCC any information that would require a different answer than that given in the original registration application within 30 calendar days after the registrant has knowledge of the information, if the information relates to any of the following:

(1) the name or any operating name of the registrant;

(2) the location of any additional offices;

(3) the registrant’s website address;

(4) the names of principal parties;

(5) criminal history;

(6) actions by regulatory agencies; or

(7) court judgments.

(c) Contact information. Each applicant or registered provider is responsible for ensuring that all contact information on file with the OCCC is current and correct, including all mailing addresses, all phone numbers, and all e-mail addresses. It is a best practice for registered providers to regularly review contact information on file with the OCCC to ensure that it is current and correct.

Source Note: The provisions of this §88.104 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective March 8, 2018, 43 TexReg 1258; amended to be effective March 10, 2022, 47 TexReg 1085

A registered provider may move the business office from the registered provider location to any other location by giving notice of intended relocation to the OCCC. The notice must include the present address of the registered provider location, the contemplated new address of the registered provider location, and the approximate date of relocation.

Source Note: The provisions of this §88.105 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective March 8, 2018, 43 TexReg 1258

(a) New registrations. A $250 nonrefundable investigation fee is assessed each time an application for a new registration under this chapter is filed.

(b) Fingerprint processing. An applicant must pay a fee to a party designated by the Texas Department of Public Safety for processing fingerprints. The Texas Department of Public Safety and the designated party determine the amount of the fee and whether it is refundable.

(c) Registration amendments. A fee of $25 must be paid each time a registered provider amends a registration by changing the assumed name of the registered provider or relocating the registered provider location.

(d) Registration duplicates sent by mail. The fee for a registration duplicate to be sent by mail is $10.

(e) Costs of hearings. The commissioner may assess the costs of an administrative appeal pursuant to Texas Finance Code, §14.207 for a hearing afforded under §88.103 of this title (relating to Processing of Application), including the cost of the administrative law judge, the court reporter, attorney’s fees, or investigative costs, if applicable.

(f) Annual assessments. An annual fixed fee not to exceed $430 is required for each registered debt management services provider.

Source Note: The provisions of this §88.107 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective January 2, 2014, 38 TexReg 9488; amended to be effective September 10, 2015, 40 TexReg 5774; amended to be effective March 8, 2018, 43 TexReg 1258

Once a registration application or notice is filed with the OCCC, it becomes a “state record” under Texas Government Code, §441.180(11), and “public information” under Government Code, §552.002. Under Government Code, §§441.190, 441.191 and 552.004, the original applications and notices must be preserved as “state records” and “public information” unless destroyed with the approval of the director and librarian of the Texas State Library and Archives Commission under Government Code, §441.187. Under Government Code, §441.191, the OCCC may not return any original documents associated with a debt management services provider application or notice to the applicant or registered provider. An individual may request copies of a state record under the authority of the Texas Public Information Act, Government Code, Chapter 552.

Source Note: The provisions of this §88.108 adopted to be effective November 10, 2005, 30 TexReg 7213; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective March 8, 2018, 43 TexReg 1258

(a) The rules contained in this chapter of this title are applicable to a provider as defined by Texas Finance Code, §394.202(10).

(b) The rules contained in this chapter of this title do not apply to:

(1) the exceptions as provided by Texas Finance Code, §394.203; or

(2) transactions subject to the Money Services Act, Texas Finance Code, Chapter 151.

Source Note: The provisions of this §88.109 adopted to be effective January 5, 2006, 30 TexReg 8860; amended to be effective May 6, 2010, 35 TexReg 3481; amended to be effective September 8, 2011, 36 TexReg 5673

(a) Criminal history record information. After an applicant submits a complete registration application, including all required fingerprints, and pays the fees required by §88.107 of this title (relating to Fees), the OCCC will investigate the applicant. The OCCC will obtain criminal history record information from the Texas Department of Public Safety and the Federal Bureau of Investigation based on the applicant’s fingerprint submission. The OCCC will continue to receive information on new criminal activity reported after the fingerprints have been initially processed.

(b) Disclosure of criminal history. The applicant must disclose all criminal history information required to file a complete application with the OCCC. Failure to provide any information required as part of the application or requested by the OCCC reflects negatively on the belief that the business will be operated lawfully and fairly. The OCCC may request additional criminal history information from the applicant, including the following:

(1) information about arrests, charges, indictments, and convictions;

(2) reliable documents or testimony necessary to make a determination under subsection (c) of this section, including letters of recommendation from prosecution, law enforcement, and correctional authorities;

(3) proof that the applicant has maintained a record of steady employment, has supported the applicant’s dependents, and has otherwise maintained a record of good conduct; and

(4) proof that all outstanding court costs, supervision fees, fines, and restitution as may have been ordered have been paid or are current.

(c) Crimes directly related to registered occupation. The OCCC may deny a registration application, or suspend or revoke a registration, if the applicant or registrant has been convicted of an offense that directly relates to the duties and responsibilities of a debt management services provider, as provided by Texas Occupations Code, §53.021(a)(1).

(1) Providing debt management services involves making representations to consumers regarding the terms of the services, holding money entrusted to the provider, remitting money to third parties, collecting charges in a legal manner, and compliance with reporting requirements to government agencies. Consequently, the following crimes are directly related to the duties and responsibilities of a registered provider and may be grounds for denial, suspension, or revocation:

(A) theft;

(B) assault;

(C) any offense that involves misrepresentation, deceptive practices, or making a false or misleading statement (including fraud or forgery);

(D) any offense that involves breach of trust or other fiduciary duty;

(E) any criminal violation of a statute governing credit transaction or debt collection;

(F) failure to file a government report, filing a false government report, or tampering with a government record;

(G) any greater offense that includes an offense described in subparagraphs (A) – (F) of this paragraph as a lesser included offense;

(H) any offense that involves intent, attempt, aiding, solicitation, or conspiracy to commit an offense described in subparagraphs (A) – (G) of this paragraph.

(2) In determining whether a criminal offense directly relates to the duties and responsibilities of holding a registration, the OCCC will consider the following factors, as specified in Texas Occupations Code, §53.022:

(A) the nature and seriousness of the crime;

(B) the relationship of the crime to the purposes for requiring a registration to engage in the occupation;

(C) the extent to which a registration might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;

(D) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of a registrant; and

(E) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.

(3) In determining whether a conviction for a crime renders an applicant or a registrant unfit to be a registrant, the OCCC will consider the following factors, as specified in Texas Occupations Code, §53.023:

(A) the extent and nature of the person’s past criminal activity;

(B) the age of the person when the crime was committed;

(C) the amount of time that has elapsed since the person’s last criminal activity;

(D) the conduct and work activity of the person before and after the criminal activity;

(E) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release, or following the criminal activity if no time was served;

(F) evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision; and

(G) evidence of the person’s current circumstances relating to fitness to hold a registration, which may include letters of recommendation.

(d) Offenses involving moral turpitude. The OCCC may deny a registration application, or suspend or revoke a registration, if the applicant, registrant, or a principal party has been convicted of or found civilly liable for an offense involving moral turpitude, as provided by Texas Finance Code, §394.204(i)(1), (k)(1)-(2). Offenses involving moral turpitude include the following:

(1) forgery;

(2) embezzlement;

(3) obtaining money under false pretenses;

(4) larceny;

(5) extortion;

(6) conspiracy to defraud; and

(7) any other similar offense or violation.

(e) Revocation on imprisonment. A registration will be revoked on the registrant’s imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision, as provided by Texas Occupations Code, §53.021(b).

(f) Other grounds for denial, suspension, or revocation. The OCCC may deny a registration application, or suspend or revoke a registration, based on any other ground authorized by statute, including the following:

(1) a conviction for an offense listed in Texas Code of Criminal Procedure, art. 42A.054, or art. 62.001(6), as provided by Texas Occupations Code, §53.021(a)(2)-(3);

(2) errors or incomplete information in the registration application, as provided by Texas Finance Code, §394.204(h);

(3) a fact or condition that would have been grounds for denying the registration application, and that either did not exist at the time of the application or the OCCC was unaware of at the time of application, as provided by Texas Finance Code, §394.204(k)(1)-(2); and

(4) any other information warranting the belief that the business will not be operated lawfully and fairly, as provided by Texas Finance Code, §394.204(i)(3), (k)(9).

Source Note: The provisions of this §88.110 adopted to be effective September 10, 2015, 40 TexReg 5774; amended to be effective March 8, 2018, 43 TexReg 1258; amended to be effective March 10, 2022, 47 TexReg 1085

FINANCE CODE
CHAPTER 394. DEBTOR ASSISTANCE
SUBCHAPTER A. DEBT COUNSELING AND EDUCATION

	§ 394.001. DUTIES OF COMMISSIONER.  The consumer credit 
commissioner shall provide advice and assistance to:
		(1)  encourage the establishment and operation of 
voluntary nonprofit debt-counseling services for residents of this 
state;  and
		(2)  coordinate, encourage, and aid public and private 
agencies, organizations and groups, and consumer credit 
institutions in the development and operation of voluntary 
education programs to promote the prudent and beneficial use of 
consumer credit by residents of this state.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.

SUBCHAPTER C. CONSUMER DEBT MANAGEMENT SERVICES

	§ 394.201. PURPOSE;  CONSTRUCTION.  (a) The purpose of 
this subchapter is to protect consumers who contract for services 
with debt management services providers.
	(b)  This subchapter shall be liberally construed to 
accomplish its purpose. 

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.202. DEFINITIONS.  In this subchapter:                                
		(1)  "Advertising" means information about a provider 
or about the provider's debt management services, communicated in 
writing or orally to an individual consumer or the public by 
telephone, television, Internet, radio, or other electronic 
medium, or by written material sent by mail, posted publicly, or 
posted at the provider's business location.
		(2)  "Certified counselor" means an individual who:                           
			(A)  is certified as a debt management counselor 
by an independent accreditation organization;  or
			(B)  if the individual has been employed for less 
than 12 months, is in the process of being certified as a debt 
management counselor by an independent accreditation organization.
		(3)  "Commissioner" means the consumer credit 
commissioner.                 
		(4)  "Consumer" means an individual who resides in this 
state and seeks a debt management service or enters a debt 
management service agreement.
		(5)  "Creditor" means a person to whom a person owes 
money.                 
		(6)  "Debt management service" means:                                         
			(A)  the receiving of money from a consumer for 
the purpose of distributing that money to or among one or more of 
the creditors of the consumer in full or partial payment of the 
consumer's obligations;
			(B)  arranging or assisting a consumer to arrange 
for the distribution of one or more payments to or among one or more 
creditors of the consumer in full or partial payment of the 
consumer's obligations;  or
			(C)  exercising control, directly or indirectly, 
or arranging for the exercise of control over funds of a consumer 
for the purpose of distributing payments to or among one or more 
creditors of the consumer in full or partial payment of the 
consumer's obligations.
		(7)  "Debt management service agreement" means a 
written agreement between a provider and a consumer for the 
performance of a debt management service.
		(8)  "Finance commission" means the Finance Commission 
of Texas.            
		(9)  "Person" means an individual, partnership, 
corporation, limited liability company, association, or 
organization.
		(10)  "Provider" means a person that provides or offers 
to provide to a consumer in this state a debt management service.
		(11)  "Secured debt" means a debt for which a creditor 
has a mortgage, lien, or security interest in collateral.
		(12)  "Trust account" means an account that is:                               
			(A)  established in a federally insured financial 
institution;             
			(B)  separate from any account of the debt 
management service provider;    
			(C)  designated as a "trust account" or other 
appropriate designation indicating that the money in the account is 
not money of the provider or its officers, employees, or agents;
			(D)  unavailable to creditors of the provider;  
and                        
			(E)  used exclusively to hold money paid by 
consumers to the provider for disbursement to creditors of the 
consumers and to the provider for the disbursement of fees and 
contributions earned and agreed to in advance.
		(13)  "Unsecured debt" means a debt for which a 
creditor does not have collateral.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.203. APPLICABILITY.  (a) Except as otherwise 
provided by this subchapter, this subchapter applies to a provider 
regardless of whether the provider charges a fee or receives 
consideration for a service.
	(b)  The business of providing debt management services is 
conducted in this state if the debt management services provider 
solicits or contracts with consumers located in this state.
	(c)  This subchapter does not apply to:                                        
		(1)  an attorney licensed to practice in this state, 
unless the attorney holds the attorney's self out to the public as a 
provider or is employed, affiliated with, or otherwise working on 
behalf of a provider;
		(2)  a title insurance or abstract company employee or 
agent, or other person legally authorized to engage in escrow 
business in the state, only while engaged in the escrow business;
		(3)  a judicial officer or person acting under a court 
order;               
		(4)  a person who has legal authority under federal or 
state law to act as a representative payee for a consumer, only to 
the extent the person is paying bills or other debts on behalf of 
that consumer;
		(5)  a person who pays bills or other debts owed by a 
consumer and on behalf of a consumer, if the money used to make the 
payments belongs exclusively to the consumer and the person does 
not initiate any contact with individual creditors of the consumer 
to compromise a debt, arrange a new payment schedule, or otherwise 
change the terms of the debt;  or
		(6)  a financial institution, as defined by Section 
201.101.                
	(d)  The following are not debt management services for 
purposes of this subchapter:
		(1)  an extension of credit, including consolidation or 
refinance of a loan;  and
		(2)  bankruptcy services provided by an attorney 
licensed to practice in this state.
	(e)  This subchapter applies to a person who seeks to evade 
its applicability by any device, subterfuge, or pretense.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.204. REGISTRATION.  (a) A person, regardless of 
whether located in this state, may not provide a debt management 
service to a consumer in this state unless the person is registered 
with the commissioner.
	(b)  Registration expires on December 31 of the year in which 
the registration occurs and must be renewed annually.
	(c)  An application for an initial registration must be in a 
form prescribed by the commissioner and accompanied by:
		(1)  the appropriate fees set by the finance commission 
in an amount necessary to recover the costs of administering this 
subchapter;
		(2)  the surety bond or insurance required by Section 
394.206;              
		(3)  a detailed description of the ownership interest 
of each officer, director, agent, or employee of the applicant, and 
any member of the immediate family of an officer, director, agent, 
or employee of the applicant, in a for-profit affiliate or 
subsidiary of the applicant or in any other for-profit business 
entity that provides services to the applicant or to a consumer in 
relation to the applicant's debt management business;  and
		(4)  any other information that the commissioner 
requires.                  
	(d)  An officer or employee of a person registered under this 
subchapter is not required to be separately registered.
	(e)  Unless the commissioner notifies an applicant that a 
longer period is necessary, the commissioner shall approve or deny 
an initial registration not later than the 60th day after the date 
on which the completed application, including all required 
documents and payments, is filed.  The commissioner shall inform 
the applicant in writing of the reason for denial.
	(f)  A person may renew a registration by paying the 
appropriate fee and completing all required documents.
	(g)  The finance commission by rule may establish procedures 
to facilitate the registration and collection of fees under this 
section, including rules staggering throughout the year the dates 
on which fees are due.
	(h)  The commissioner may refuse an initial application if 
the application contains errors or incomplete information.  An 
application is incomplete if it does not include all of the 
information required by this section and Section 394.205.
	(i)  The commissioner may deny an initial application if:                      
		(1)  the applicant or any principal of the applicant 
has been convicted of a crime or found civilly liable for an offense 
involving moral turpitude, including forgery, embezzlement, 
obtaining money under false pretenses, larceny, extortion, 
conspiracy to defraud, or any other similar offense or violation;
		(2)  the registration of the applicant or any principal 
of the applicant has been revoked or suspended in this state or 
another state, unless the applicant provides information that the 
commissioner finds sufficient to show that the grounds for the 
previous revocation or suspension no longer exist and any problem 
cited in the previous revocation has been corrected;  or
		(3)  the commissioner, based on specific evidence, 
finds that the applicant does not warrant the belief that the 
business will be operated lawfully and fairly and within the 
provisions and purposes of this subchapter.
	(j)  On written request, the applicant is entitled to a 
hearing, pursuant to Chapter 2001, Government Code, on the question 
of the applicant's qualifications for initial registration if the 
commissioner has notified the applicant in writing that the initial 
application has been denied.  A request for a hearing may not be 
made after the 30th day after the date the commissioner mails a 
notice to the applicant stating that the application has been 
denied and stating the reasons for the denial.
	(k)  In addition to the power to refuse an initial 
application as specified in this section, the commissioner may 
suspend or revoke a provider's registration after notice and 
hearing if the commissioner finds that any of the following 
conditions are met:
		(1)  a fact or condition exists that if it had existed 
when the provider applied for registration would have been grounds 
for denying registration;
		(2)  a fact or condition exists that the commissioner 
was not aware of when the provider applied for registration and 
would have been grounds for denying registration;
		(3)  the provider violates this subchapter or rule or 
order of the commissioner under this subchapter;
		(4)  the provider is insolvent;                                               
		(5)  the provider refuses to permit the commissioner to 
make an examination authorized by this subchapter;
		(6)  the provider fails to respond within a reasonable 
time and in an appropriate manner to communications from the 
commissioner;
		(7)  the provider has failed to disburse money to 
creditors on behalf of consumers within a reasonable time, normally 
30 days;
		(8)  the commissioner determines that the provider's 
trust account is not materially in balance with and reconciled to 
the consumer's account;  or
		(9)  the provider fails to warrant the belief that the 
business will be operated lawfully and fairly and within the 
provisions and purposes of this subchapter.
	(l)  The commissioner's order revoking a registration must 
include appropriate provisions to transfer existing clients of the 
provider to one or more registered providers to ensure the 
continued servicing of the clients' accounts.
	(m)  The commissioner shall maintain a list of registered 
providers and make the list available to interested persons and to 
the public.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.205. RECORDS.  (a) A provider shall keep and use 
books, accounts, and other records that will enable the 
commissioner to determine if the provider is complying with this 
subchapter and maintain any other records as required by the 
commissioner.  The commissioner may examine the records at any 
reasonable time.  The records must be kept for at least three years 
after the date of the last service on a consumer's debt management 
plan.
	(b)  Each provider shall file a report with the commissioner 
at each renewal of the provider's registration.  The report must at 
a minimum disclose in detail and under appropriate headings:
		(1)  the assets and liabilities of the provider at the 
beginning and end of the period;
		(2)  the total number of debt management plans the 
provider has initiated during that year;  and
		(3)  records of total and average fees charged to 
consumers, including all voluntary contributions received from 
consumers.
	(c)  The reports must be verified by the oath or affirmation 
of the owner, manager, president, chief executive officer, or 
chairman of the board of directors of the provider.
	(d)  A provider shall file a blank copy of the agreement 
described in Section 394.209 and blank copies of the written 
information required in Section 394.208(a) with the commissioner 
accompanying the initial registration and each renewal of 
registration.
	(e)  The commissioner shall make the information provided 
under this section available to interested parties and to the 
public.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.206. BOND;  INSURANCE.  (a) A provider shall, at the 
time the provider files an initial or renewal registration 
application with the commissioner, file:
		(1)  a surety bond;  or                                                       
		(2)  evidence that the provider maintains an insurance 
policy in a form approved by the commissioner.
	(b)  The bond or insurance must:                                               
		(1)  run concurrently with the period of registration;                        
		(2)  be available to pay damages and penalties to 
consumers directly harmed by a violation of this subchapter;
		(3)  be in favor of this state for the use of this state 
and the use of a person who has a cause of action under this 
subchapter against the provider;
		(4)  be in an amount equal to the average daily balance 
of the provider's trust account serving Texas consumers over the 
six-month period preceding the issuance of the bond, or in the case 
of an initial application, in an amount determined by the 
commissioner, but not less than $25,000 or more than $100,000;
		(5)  if an insurance policy:                                                  
			(A)  provide coverage for professional liability, 
employee dishonesty, depositor's forgery, and computer fraud in an 
amount not less than $100,000;
			(B)  be issued by a company rated at least "A-" or 
its equivalent by a nationally recognized rating organization;  and
			(C)  provide for 30 days advance written notice of 
termination of the policy to be provided to the commissioner;
		(6)  be issued by a bonding, surety, or insurance 
company that is authorized to do business in the state;  and
		(7)  be conditioned on the provider and its agents 
complying with all state and federal laws, including regulations, 
governing the business of debt management services.
	(c)  In lieu of a bond or insurance, the finance commission 
by rule may establish alternative financial requirements to provide 
substantially equivalent protection to pay damages and penalties to 
consumers directly harmed by a violation under this subchapter.
	(d)  The commissioner may adjust the amount of the provider's 
bond or insurance only when the provider applies for renewal of 
registration and requests a review of the bond or insurance amount.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.207. ADVERTISING.  A provider may not engage in 
false or deceptive advertising.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.208. REQUIRED ACTIONS BY PROVIDER.  (a) A provider 
may not enroll a consumer in a debt management plan unless:
		(1)  the provider is a nonprofit organization exempt 
from taxation under Section 501(c)(3), Internal Revenue Code of 
1986;  and
		(2)  through the services of a counselor certified by 
an independent accreditation organization, the provider has:
			(A)  provided the consumer individualized 
counseling and educational information that at a minimum addresses 
the topics of managing household finances, managing credit and 
debt, and budgeting;
			(B)  prepared an individualized financial 
analysis and an initial debt management plan for the consumer's 
debts with specific recommendations regarding actions the consumer 
should take;
			(C)  determined that the consumer has a reasonable 
ability to make payments under the proposed debt management plan 
based on the information provided by the consumer;
			(D)  a reasonable expectation, provided that the 
consumer has provided accurate information to the provider, that 
each creditor of the consumer listed as a participating creditor in 
the plan will accept payment of the consumer's debts as provided in 
the initial plan;
			(E)  prepared, for all creditors identified by the 
consumer or identified through additional investigation by the 
provider, a list, which must be provided to the consumer in a form 
the consumer may keep, of the creditors that the provider 
reasonably expects to participate in the plan;  and
			(F)  provided a written document to the consumer 
in a form the consumer may keep that clearly and conspicuously 
contains the following statements:
				(i)  that debt management services are not 
suitable for all consumers and that consumers may request 
information about other ways, including bankruptcy, to deal with 
indebtedness;
				(ii)  that the nonprofit or tax-exempt 
organization cannot require donations or contributions;  and
				(iii)  that some of the provider's funding 
comes from contributions from creditors who participate in debt 
management plans, except that a provider may substitute for "some" 
the actual percentage of creditor contributions it received during 
the most recent reporting period.
	(b)  If the provider discusses its services with a consumer 
primarily in a language other than English, the provider must 
provide the debt management agreement in that language.
	(c)  A consumer must give at least 10 days' notice to the 
provider to cancel a debt management services agreement.  The 
provider must cancel a debt management services agreement within 10 
days after the date the provider receives the notice from the 
consumer.  The provider must continue making disbursements to the 
consumer's creditors if money has been paid to the provider under 
the agreement until the expiration of the 10-day period, unless 
otherwise agreed in writing by the consumer and the provider.
	(d)  A provider may provide the information required by 
Subsections (a)(2)(B), (E), and (F) through its Internet website if 
the provider:
		(1)  has complied with the federal Electronic 
Signatures in Global and National Commerce Act (15 U.S.C. Section 
7001 et seq.);
		(2)  informs the consumer that, on electronic, 
telephonic, or written request the provider will make available to 
the consumer a paper copy or copies;  and
		(3)  discloses on its Internet website:                                       
			(A)  the provider's name and each name under which 
it does business;       
			(B)  the provider's principal business address 
and telephone number;  and  
			(C)  the names of the provider's principal 
officers.                       
	(e)  A provider, including a provider that does business only 
or principally through the Internet, shall maintain a telephone 
system staffed at a level that reasonably permits a consumer to 
access a counselor during ordinary business hours.
	(f)  A provider shall provide each consumer for whom it 
provides debt management services a written report accounting for:
		(1)  the amount of money received from the consumer 
since the last report;  
		(2)  the amount and date of each disbursement made on 
the consumer's behalf to each creditor listed in the agreement 
since the last report;
		(3)  any amount deducted from amounts received from the 
consumer;  and      
		(4)  any amount held in reserve.                                              
	(g)  The provider shall provide the report under Subsection 
(f):             
		(1)  at least once each calendar quarter;  and                                
		(2)  not later than the 10th business day after the date 
of a request by a consumer.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.209. WRITTEN DEBT MANAGEMENT SERVICES 
AGREEMENT.  (a) A debt management services provider may not prepare 
a debt management services agreement before the provider has fully 
complied with Sections 394.208(a) and (b).
	(b)  Each debt management services agreement must:                             
		(1)  be dated and signed by the consumer;                                     
		(2)  include the name and address of the consumer and 
the name, address, and telephone number of the provider;
		(3)  describe the services to be provided;                                    
		(4)  state all fees, individually itemized, to be paid 
by the consumer;     
		(5)  list in the agreement or accompanying document, to 
the extent the information is available to the provider at the time 
the agreement is executed, each participating creditor of the 
consumer to which payments will be made and, based on information 
provided by the consumer, the amount owed to each creditor and the 
schedule of payments the consumer will be required to make to the 
creditor, including the amount and date on which each payment will 
be due;
		(6)  state the existence of a surety bond or insurance 
for consumer claims; 
		(7)  state that establishment of a debt management plan 
may impact the consumer's credit rating and credit score either 
favorably or unfavorably, depending on creditor policies and the 
consumer's payment history before and during participation in the 
debt management plan;  and
		(8)  state that either party may cancel the agreement 
without penalty at any time on 10 days' notice and that a consumer 
who cancels an agreement is entitled to a refund of all money that 
the consumer has paid to the provider that has not been disbursed.
	(c)  A debt management services agreement may contain a 
voluntary consumer arbitration provision or a voluntary mediation 
provision.
	(d)  A provider may deliver the debt management services 
agreement through the Internet if the provider:
		(1)  has complied with the federal Electronic 
Signatures in Global and National Commerce Act (15 U.S.C. Section 
7001 et seq.);
		(2)  sends the consumer a paper copy of the agreement 
not later than the seventh day after the date of a request by a 
consumer to do so;  and
		(3)  discloses on a prominent page of its Internet 
website:                 
			(A)  the provider's name and each name under which 
it does business;       
			(B)  the provider's principal business address 
and telephone number;  and  
			(C)  the names of the provider's principal 
officers.                       
	(e)  If the provider discusses its services or negotiates 
with a consumer primarily in a language other than English, the 
provider may not begin performance of a debt management plan until 
the provider and consumer sign a copy of the written agreement, 
provided by the debt management services provider, in that language 
and a copy is made available to the consumer.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.210. PERMITTED FEES.  (a) With respect to the 
provision of a debt management plan service, a provider may not 
impose a fee or other charge on a consumer, or receive payment from 
a consumer or other person on behalf of a consumer, except as 
allowed under this section.
	(b)  For the purposes of this section, fees or charges 
include both voluntary contributions and any other fees charged to 
or collected from a consumer or on behalf of the consumer.
	(c)  Any fee charged by a provider must be fair and 
reasonable given the value of the products and services provided to 
the consumer, including consideration of the amount subject to debt 
management and the number of anticipated payments.  A fee or a 
portion of a fee that is specifically related to a debt management 
plan may not be charged until the provider has complied with 
Sections 394.208(a) and (b) and 394.209.
	(d)  A provider may charge a monthly maintenance fee if the 
fee is fair and reasonable.
	(e)  A fee charged for a service other than a debt management 
service must be fair and reasonable.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.211. TRUST ACCOUNT.  (a) A provider must use a trust 
account for the management of all money paid by or on behalf of a 
consumer for disbursement to the consumer's creditor.  A provider 
may not commingle the money in a trust account established for the 
benefit of consumers with any operating funds of the provider.  A 
provider shall exercise due care to appropriately manage the funds 
in the trust account.
	(b)  The trust account must at all times be materially in 
balance with and reconciled to the consumers' accounts.  Failure to 
maintain that balance is cause for a summary suspension of 
registration under Section 394.204.
	(c)  If a trust account does not contain sufficient money to 
cover the aggregate consumer balances, and the provider has not 
corrected the deficiency within 48 hours of discovery, the provider 
shall notify the commissioner by telephone, facsimile, electronic 
mail, or other method approved by the commissioner, and provide 
written notice including a description of the remedial action 
taken.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.212. PROHIBITED ACTS AND PRACTICES.  (a) A provider 
may not:        
		(1)  purchase a debt or obligation of a consumer;                             
		(2)  receive or charge a fee in the form of a promissory 
note or other negotiable instrument other than a check or a draft;
		(3)  lend money or provide credit to the consumer;                            
		(4)  obtain a mortgage or other security interest in 
property owned by a consumer;
		(5)  engage in business with an entity described by 
Section 394.204(c)(3) without prior consent of the commissioner, 
except that unless denied, consent is considered granted 30 days 
after the date the provider notifies the commissioner of the intent 
to engage in business with an organization described by Section 
394.204(c)(3);
		(6)  offer, pay, or give a gift, bonus, premium, 
reward, or other compensation to a person for entering into a debt 
management services agreement;
		(7)  represent that the provider is authorized or 
competent to furnish legal advice or perform legal services unless 
supervised by an attorney as required by State Bar of Texas rules;
		(8)  use an unconscionable means to obtain a contract 
with a consumer;      
		(9)  engage in an unfair, deceptive, or unconscionable 
act or practice in connection with a service provided to a consumer;  
or
		(10)  require or attempt to require payment of an 
amount that the provider states, discloses, or advertises to be a 
voluntary contribution from the consumer.
	(b)  A provider does not have a claim:                                         
		(1)  for breach of contract against a consumer who 
cancels an agreement pursuant to this subchapter;  or
		(2)  in restitution with respect to an agreement that 
is void under this subchapter.
	(c)  A provider may not include any of the following 
provisions in a disclosure related to debt management services or 
in a debt management services agreement:
		(1)  a confession of judgment clause;                                         
		(2)  a waiver of the right to a jury trial, if 
applicable, in an action brought by or against a consumer;
		(3)  an assignment of or order for payment of wages or 
other compensation for services;  or
		(4)  a waiver of a provision of this subchapter.                              

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.213. DUTIES OF PROPER MANAGEMENT.  A provider has a 
duty to a consumer who receives debt management services from the 
provider to ensure that client money is managed properly at all 
times.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 394.214. 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 
provider;  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;
		(3)  imposing an administrative penalty not to exceed 
$1,000 for each violation as provided by Subchapter F, Chapter 14;  
or
		(4)  rejecting an initial application or revoking or 
suspending a registration as provided by Section 394.204.
	(f)  In determining the amount of an administrative penalty 
to be imposed under this section, the commissioner shall consider 
the seriousness of the violation, the good faith of the violator, 
the violator's history of previous violations, the deleterious 
effect of the violation on the public, the assets of the violator, 
and 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 chapter.  The court may order a 
preliminary or final injunction.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.           


	§ 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.

Added by Acts 2005, 79th Leg., ch. 336, § 1, eff. Sept. 1, 2005.

TEXAS CREDIT CARD DEBT LAWSUIT DEFENSE ATTORNEYS

Shawn Jaffer & Associates Is Not Registered with the OCCC as Required per Texas Law.

GOOGLE AD, JULY 10, 2022

Jaffer’s even payin’ for leads, running google ads. That should also mean that the State Bar of Texas has approved the advert. His firm is not registered as a debt management / debt settlement law firm on Texas OCCC.

SHAWN JAFFER AND ASSOCIATES WEBSITE AND GOOGLE PAID ADVERTISING LANDING PAGE (PPC)

Original Video by Jaffer, Backed Up on LIT Servers

LIT published Jaffer law firm’s class action in 2020, wherein he was complainin’ about the fact that law firm Kelly M. Davis and Associates were not bonded to collect debts, per TFC 392.101.

What’s ridiculous is the fact that Jaffer is not registered with the OCCC to file class actions or any law suits where he’s acting as a debt management or settlement law firm.

Kelly Davis was represented by Jacob Sparks of Spencer Fane. We note the case settled, but whether or not Sparks told Jaffer he’s violating Texas laws himself is unknown, but highly unlikely, based on LIT’s investigations.

YOUR HOUSTON CONSUMER ATTORNEY [DOT COM]

The Law Office of David A. Fernandez Is Not Registered with the OCCC as Required per Texas Law.

LAW OFFICE OF DAVID A. FERNANDEZ

As an aside, the sitemap fails to disclosure any legal terms or debt management services disclosures. The disclosure on the footer is an advertising disclaimer and a privacy policy statement c/o the website builder.

OUT OF STATE GERSHFELD LAW (CALIFORNIA) IS FOLLOWING TEXAS LAW, THEY ARE REGISTERED.

SEARCH RESULT FOR GERSHFELD ON OCCC LICENSE SEARCH PORTAL

Gersfheld Law Group does not offer services in the following states: CT, DC, KS, MT, NJ, ND, SC, WV, WY, AK, HI, IL, ME, NE, NC, OR, RI, VT, WA.

US Gov. Cleanup of CCTX Continues: Exposing Legal Bandit Dave Medearis and the Foreclosure Scam Fallout

Bandit lawyer Dave Medearis came knockin’ and presented his petition claimin’ Susan Casias was a felon and he’d pursue justice for victims.

Judicially Protected Foreclosure Scammers Switch Trustee After Being Sued Before Judge Manor

Sandy Forsythe and Justina De Pasquale of New Millennia Properties Switch out Trustees including con man Brian Brewer on Oct. 25, 2024.

OCC Real Estate Investments LLC Sued PT-Patriot Title For Breach of Lease then Changed its Mind

OCC’s lawsuit was filed by debt collector Bob Kruckemeyer of 244 Malone St, and OCC returns results that he is a member of OCC.

A Texas Lemon: The OCCC Only List 57 Registered Debt Management and Settlement Companies in 2022
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