Texas Codes

Tex. Fin. Code § 349.403 (2026)

Class Action

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 349.403. CLASS ACTION. (a) In a class action that alleges one or more violations of this subtitle and is determined by the court to be maintainable as a class action, the class may recover the amount of actual damages proximately caused to the members of the class as a result of the violations.

(b) The court may assess as a penalty:

(1) for each obligor who is named as a class representative at the time that the action is determined to be maintainable as a class action, the amount that could be recovered by the person under this chapter; and

(2) for other class members, an amount set by the court under Subsection (c) and subject to Subsection (d).

(1) the amount of any actual damages awarded;

(2) the frequency and persistence of violations by the creditor;

(3) the resources of the creditor;

(4) the number of persons adversely affected; and

(5) the extent to which the creditor's violation was intentional or reckless.

(d) A minimum recovery is not applicable to a class member to whom Subsection (b)(2) applies. The total recovery under Subsection (b)(2) in a class action or series of class actions arising out of the same violation of this subtitle by the same person may not exceed the lesser of $100,000 or five percent of the net worth of the person.

(e) In a successful action to enforce the liability under this section, the court may award:

(1) costs of the action; and

(2) reasonable attorney's fees set by the court.

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

Notes of Decisions

Cited in 2 cases, 2001–2003 · leading case: Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex. 2001).

Sort: Relevance Newest Treatment

Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352 (Tex. 2001). · cites it 2× “001 (allowing a plaintiff in an individual action to recover twice the total time-price differential contracted for as a penalty, without regard to the size of his actual damages) with Tex. Fin.Code § 349.403 (limiting members of a plaintiff class to actual damages plus their…”

AutoNation USA Corp. v. Leroy, 105 S.W.3d 190 (Tex. App. 2003). “Leroy does not contend that proceeding in arbitration deprives her of any right to invoke the class action procedure available for violations of the Finance Code subtitle governing loans and financed transactions.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.