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Texas Finance Code - FIN § 349.101. No Liability if Violation Unintentional and From Bona Fide Error or if in Conformity With Other Law

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person is not liable under Section 349.001, 349.002, or 349.003 if the person shows by a preponderance of evidence that:

(1) the violation:

(A) was not intentional; and

(B) resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such a violation; or

(2) the violation was an act done or omitted in good faith in conformity with:

(A) a rule adopted under, or interpretation of, this title by a state agency, board, or commission;

(B) the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.); or

(C) a rule or regulation adopted under, or interpretation of, the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) by an agency, board, or commission of the United States.

(b) The exception from liability provided by Subsection (a)(2) is not affected by the fact that after the act or omission occurs, the rule, regulation, or interpretation in conformity with which the act was done or omitted is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 349.101. No Liability if Violation Unintentional and From Bona Fide Error or if in Conformity With Other Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-349-101/

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