2025 Texas Statutes
Finance Code
Title 5 - Protection of Consumers of Financial Services
Chapter 393 - Credit Services Organizations
Subchapter D. Prohibitions and Restrictions
Section 393.304. False or Misleading Representation or Statement
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.
