Tex. Codes » Finance Code · TITLE 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES · CHAPTER 392. DEBT COLLECTION
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Tex. Fin. Code § 392.404 (2026)

Remedies Under Other Law

✓ current as of May 2026
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Sec. 392.404. REMEDIES UNDER OTHER LAW. (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.

(b) This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity.

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

Notes of Decisions
Cited in 40 cases (4 in the last 5 years), 2002–2025 · leading case: Biggers v. BAC Home Loans Servicing, LP, 767 F. Supp. 2d 725 (N.D. Tex. 2011).
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Biggers v. BAC Home Loans Servicing, LP, 767 F. Supp. 2d 725 (N.D. Tex. 2011). · cites it 2× “¶ 23; Tex. Fin.Code Ann. § 392.404(a) (West 2006) (“A violation of this chapter [codifying the TDCPA] is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code [codifying the DTPA], and is actionable under that subchapter.”
Ca Partners v. Spears, 274 S.W.3d 51 (Tex. App. 2008). “” See Tex Fin. Code § 392.404(a). Thus, because CA Partners's actions constituted a violation of the Texas Finance Code, the trial court was warranted in doubling Spears's mental anguish damages for a mere "knowing” violation of the DTPA.”
Watson v. Citimortgage, Inc., 814 F. Supp. 2d 726 (E.D. Tex. 2011). · cites it 2× “10-11, ¶ 33-34; Tex. Fin.Code Ann. § 392.404(a) (West 2006) (“A violation of this chapter [the TDCPA] is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code [the DTPA], and is actionable under that sub-chapter.”
Cushman v. Gc Servs., Lp, 657 F. Supp. 2d 834 (S.D. Tex. 2009). · cites it 3× “Plaintiff then argues that Tex. Fin.Code § 392.404 acts as a “tie-in” provision allowing “claimants” under “another law” to recover “actual damages,” while DTPA “consumers” are limited to a narrower category of “economic damages.”
Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Indep. Mgmt. & Inv. LLC & Leawood Homeowners Ass'n, Inc., 577 S.W.3d 280 (Tex. App. 2019). “015(b) (“A violation of [s]ection 27.01 that relates to the transfer of title to real estate is a false, misleading, or deceptive act or practice as defined by [s]ection 17.”
Nancy Alanis v. US Bank Nat'l Ass'n as Successor Tr. to Bank of Am. Nat'l Ass'n, as Successor by Merger to One LaSalle Bank, N.A. as Tr. for the MLMI Trust Series 2006-HE6, 489 S.W.3d 485 (Tex. App. 2015). · cites it 2× “See Tex. Fin. Code Ann. § 392.404 (a) (Vernon 2006); Tex.”
Henning, Kenneth v. OneWest Bank FSB, 405 S.W.3d 950 (Tex. App. 2013). “50; Tex. Fin.Code Ann. § 392.404(a) (“violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code”).”
Marauder Corp. v. Beall, 301 S.W.3d 817 (Tex. App. 2010). “” Tex. Fin. Code Ann. § 392.404 (b) (Vernon 2006).”
Marketic v. U.S. Bank Nat'l Assoc., 436 F. Supp. 2d 842 (N.D. Tex. 2006). “50(h); Tex. Fin.Code § 392.404. However, Plaintiff fails to recognize that Tex.”
Brush v. Wells Fargo Bank, N.A., 911 F. Supp. 2d 445 (S.D. Tex. 2012). “Tex. Fin. Code § 392.404(a). The Brushes argue that because they are “consumers” under the TDCA, they must also be “consumers” under the DTPA.”
Eads v. Wolpoff & Abramson, LLP, 538 F. Supp. 2d 981 (W.D. Tex. 2008). “Tex. Fin.Code § 392.404. The DTPA allows a prevailing party to obtain equitable relief, such as an injunction.”
Wallace v. Davis (In Re Davis), 377 B.R. 827 (Bankr. E.D. Tex. 2007). “See Tex. Fin.Code § 392.404. 3. Plaintiff’s Claim for Unreasonable Collection Efforts Relating to Mr.”
Show all 40 citing cases →
— Tex. Fin. Code § 392.404(a) — 18 cases
Biggers v. BAC Home Loans Servicing, LP, 767 F. Supp. 2d 725 (N.D. Tex. 2011). “¶ 23; Tex. Fin.Code Ann. § 392.404(a) (West 2006) (“A violation of this chapter [codifying the TDCPA] is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code [codifying the DTPA], and is actionable under that subchapter.”
Ca Partners v. Spears, 274 S.W.3d 51 (Tex. App. 2008). “” See Tex Fin. Code § 392.404(a). Thus, because CA Partners's actions constituted a violation of the Texas Finance Code, the trial court was warranted in doubling Spears's mental anguish damages for a mere "knowing” violation of the DTPA.”
Watson v. Citimortgage, Inc., 814 F. Supp. 2d 726 (E.D. Tex. 2011). “10-11, ¶ 33-34; Tex. Fin.Code Ann. § 392.404(a) (West 2006) (“A violation of this chapter [the TDCPA] is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code [the DTPA], and is actionable under that sub-chapter.”
Robert Burton v. Wayman L. Prince, Nafisa Yaqoob, Indep. Mgmt. & Inv. LLC & Leawood Homeowners Ass'n, Inc., 577 S.W.3d 280 (Tex. App. 2019). “015(b) (“A violation of [s]ection 27.01 that relates to the transfer of title to real estate is a false, misleading, or deceptive act or practice as defined by [s]ection 17.”
Henning, Kenneth v. OneWest Bank FSB, 405 S.W.3d 950 (Tex. App. 2013). “50; Tex. Fin.Code Ann. § 392.404(a) (“violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code”).”
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