Tex. Codes » Finance Code · TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS · SUBTITLE B. LOANS AND FINANCED TRANSACTIONS · CHAPTER 341. GENERAL PROVISIONS
Texas Codes

Tex. Fin. Code § 341.402 (2026)

Penalties For Prohibited Discrimination

✓ current as of May 2026
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Sec. 341.402. PENALTIES FOR PROHIBITED DISCRIMINATION. (a) A person who violates Section 341.401 is liable to the aggrieved individual for:

(1) the actual damages caused by the violation;

(2) punitive damages not to exceed $10,000 in an action brought by the aggrieved individual; and

(3) court costs.

(b) The liability of a person under this section is instead of and not in addition to that person's liability under the Equal Credit Opportunity Act (15 U.S.C. Section 1691 et seq.). If the same act or omission violates Section 341.401 and applicable federal law, the person aggrieved by that conduct may bring a legal action to recover monetary damages either under this section or under that federal law, but not both.

(c) In addition to the other liabilities prescribed by this section, a person holding a license issued under this subtitle who violates Section 341.401 is subject to revocation or suspension of the license or the assessment of civil penalties by the commissioner.

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

Amended by:

Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 1.02, eff. September 1, 2005.

Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 10, eff. September 1, 2023.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: in Re Xerox Corp. & Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc, 555 S.W.3d 518 (Tex. 2018).
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in Re Xerox Corp. & Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc, 555 S.W.3d 518 (Tex. 2018). “005(a) (theft victim may recover from the thief "the amount of actual damages" and a variable penalty up to $1,000 or from the parent or party with the duty of control "the amount of actual damages .”
— Tex. Fin. Code § 341.402(a) — 1 case
in Re Xerox Corp. & Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc, 555 S.W.3d 518 (Tex. 2018). “005(a) (theft victim may recover from the thief "the amount of actual damages" and a variable penalty up to $1,000 or from the parent or party with the duty of control "the amount of actual damages .”
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