Sec. 349.101. NO LIABILITY IF VIOLATION UNINTENTIONAL AND FROM BONA FIDE ERROR OR IF IN CONFORMITY WITH OTHER LAW. (a) A person is not liable under Section 349.001, 349.002, or 349.003 if the person shows by a preponderance of evidence that:
(1) the violation:
(A) was not intentional; and
(B) resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such a violation; or
(2) the violation was an act done or omitted in good faith in conformity with:
(A) a rule adopted under, or interpretation of, this title by a state agency, board, or commission;
(B) the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.); or
(C) a rule or regulation adopted under, or interpretation of, the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) by an agency, board, or commission of the United States.
(b) The exception from liability provided by Subsection (a)(2) is not affected by the fact that after the act or omission occurs, the rule, regulation, or interpretation in conformity with which the act was done or omitted is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Section: Previous 349.001 349.002 349.003 349.004 349.005 349.101 349.102 349.103 349.201 349.202 349.203 349.204 349.205 349.301 349.302 NextLast modified: September 28, 2016