Texas Codes

Tex. Fin. Code § 393.304 (2026)

False Or Misleading Representation Or Statement

✓ current as of May 2026

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Sec. 393.304. FALSE OR MISLEADING REPRESENTATION OR STATEMENT. A credit services organization or a representative of the organization may not:

(1) make or use a false or misleading representation in the offer or sale of the services of the organization, including:

(A) guaranteeing to "erase bad credit" or words to that effect unless the representation clearly discloses this can be done only if the credit history is inaccurate or obsolete; and

(B) guaranteeing an extension of consumer credit regardless of the person's credit history unless the representation clearly discloses the eligibility requirements for obtaining the extension; or

(2) make, or advise a consumer to make, a statement relating to a consumer's credit worthiness, credit standing, or credit capacity that the person knows, or should know by the exercise of reasonable care, to be false or misleading to a:

(A) consumer reporting agency; or

(B) person who has extended consumer credit to a consumer or to whom a consumer is applying for an extension of consumer credit.

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

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2012–2024 · leading case: Clouse v. The Credit Pros Int'l, LLC (W.D. Tex. 2024).

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Clouse v. The Credit Pros Int'l, LLC (W.D. Tex. 2024). · cites it 2× “) With regard to the TSCOA count, Defendant seeks to dismiss part (b), which presents claims under Texas Finance Code §§ 393.304(1) and 393.”

In re Grayson, 488 B.R. 579 (Bankr. S.D. Tex. 2012). “” Tex. Fin. Code § 393.304. "A credit services organization or a representative of the organization may not directly or indirectly engage in a fraudulent or deceptive act, practice, or course of business relating to the offer or sale of the services of the organization.”

— Tex. Fin. Code § 393.304(1) — 1 case

Clouse v. The Credit Pros Int'l, LLC (W.D. Tex. 2024). “) With regard to the TSCOA count, Defendant seeks to dismiss part (b), which presents claims under Texas Finance Code §§ 393.304(1) and 393.”

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