Fifth Circuit

Texas Finance Code section 392.403 creates a private right of action for TDCA violations

A mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have. See McCaig v. Wells Fargo Bank, 788 F.3d 463 (5th Cir. 2015).

Texas Finance Code – FIN § 392.403. Civil Remedies

(a) A person may sue for:

(1) injunctive relief to prevent or restrain a violation of this chapter;  and

(2) actual damages sustained as a result of a violation of this chapter.

(b) A person who successfully maintains an action under Subsection (a) is entitled to attorney’s fees reasonably related to the amount of work performed and costs.

(c) On a finding by a court that an action under this section was brought in bad faith or for purposes of harassment, the court shall award the defendant attorney’s fees reasonably related to the work performed and costs.

(d) If the attorney general reasonably believes that a person is violating or is about to violate this chapter, the attorney general may bring an action in the name of this state against the person to restrain or enjoin the person from violating this chapter.

(e) A person who successfully maintains an action under this section for violation of Section 392.101 392.202 , or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.

TDCA: Texas Debt Collections Act

TFDCPA: Texas Fair Debt Collection Practices Act

Texas Fair Debt Collection Statute

Finance Code

Chapter 392. Debt Collection

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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