Texas Finance Code 393.105 – Disclosure Statement
Terms Used In Texas Finance Code 393.105
- Contract: A legal written agreement that becomes binding when signed.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
Before executing a contract with a consumer or receiving valuable consideration from a consumer, a credit services organization shall provide the consumer with a document containing:
(1) a complete and detailed description of the services to be performed by the organization for the consumer and the total cost of those services;
(2) an explanation of the consumer’s right to proceed against the surety bond or account obtained under § 393.302;
(3) the name and address of the surety company that issued the surety bond or the name and address of the depository and the trustee and the account number of the surety account, as appropriate;
(4) a complete and accurate statement of the consumer’s right to review information on the consumer maintained in a file by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.);
(5) a statement that information in the consumer’s file is available for review:
(A) without charge on request made to the consumer reporting agency not later than the 30th day after the date on which the agency receives notice the consumer has been denied credit; and
(B) for a minimal charge at any other time;
(6) a complete and accurate statement of the consumer’s right to dispute directly with a consumer reporting agency the completeness or accuracy of an item contained in the consumer’s file maintained by the agency;
(7) a statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;
(8) a complete and accurate statement explaining:
(A) when consumer information becomes obsolete; and
(B) that a consumer reporting agency is prevented from issuing a report containing obsolete information; and
(9) a complete and accurate statement of the availability of nonprofit credit counseling services.