Texas Business And Commerce Code Title 2, Chapter 20 - Regulation Of Consumer Credit Reporting Agencies

SUBCHAPTER A GENERAL REQUIREMENTS

• Texas Section 20.01 - Definitions
  In this chapter: (1) "Adverse action" includes: (A) the denial of, increase in a charge for, or reduction in the amount of insurance for personal,...
• Texas Section 20.02 - Permissible Purposes; Prohibition; Use Of Consumer's Social Security Number
  (a) A consumer reporting agency may furnish a consumer report only: (1) in response to a court order issued by a court with proper jurisdiction;...
• Texas Section 20.021 - Check Verification And Check Guarantee Services; Disclosures To Consumers
  (a) In this section, "check verifier" means any business offering check verification or check guarantee services in this state. (b) On request and proper identification...

SUBCHAPTER B SECURITY ALERT AND SECURITY FREEZE

• Texas Section 20.03 - Disclosures To Consumers
  (a) On request and proper identification provided by a consumer, a consumer reporting agency shall disclose to the consumer in writing all information pertaining to...
• Texas Section 20.031 - Requesting Security Alert
  On a request in writing or by telephone and with proper identification provided by a consumer, a consumer reporting agency shall place a security alert...
• Texas Section 20.032 - Notification Of Security Alert
  A consumer reporting agency shall notify a person who requests a consumer report if a security alert is in effect for the consumer file involved...
• Texas Section 20.033 - Toll-free Security Alert Request Number
  A consumer reporting agency shall maintain a toll-free telephone number that is answered at a minimum during normal business hours to accept security alert requests...
• Texas Section 20.034 - Requesting Security Freeze
  (a) On written request sent by certified mail that includes proper identification provided by a consumer, a consumer reporting agency shall place a security freeze...
• Texas Section 20.035 - Notification Of Change
  If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer file to...
• Texas Section 20.036 - Notification Of Security Freeze
  A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved...
• Texas Section 20.037 - Removal Or Temporary Lifting Of Security Freeze
  (a) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password...
• Texas Section 20.038 - Exemption From Security Freeze
  A security freeze does not apply to a consumer report provided to: (1) a state or local governmental entity, including a law enforcement agency or...
• Texas Section 20.0385 - Applicability Of Security Alert And Security Freeze
  (a) The requirement under this chapter to place a security alert or security freeze on a consumer file does not apply to: (1) a check...

SUBCHAPTER C RESTRICTIONS ON AND AUTHORITY OF CONSUMERS AND CONSUMER REPORTING AGENCIES

• Texas Section 20.039 - Respect Of Security Freeze
  A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency. Added by Acts 2003, 78th Leg.,...
• Texas Section 20.04 - Charges For Certain Disclosures Or Services
  (a) Except as provided by Subsection (b), a consumer reporting agency may impose a reasonable charge on a consumer for the disclosure of information pertaining...
• Texas Section 20.05 - Reporting Of Information Prohibited
  (a) Except as provided by Subsection (b), a consumer reporting agency may not furnish a consumer report containing information related to: (1) a case under...
• Texas Section 20.06 - Dispute Procedure
  (a) If the completeness or accuracy of information contained in a consumer's file is disputed by the consumer and the consumer notifies the consumer reporting...

SUBCHAPTER D ENFORCEMENT

• Texas Section 20.07 - Correction Of Inaccurate Information
  (a) A consumer reporting agency shall provide a person who provides consumer credit information to the agency with the option of correcting previously reported inaccurate...
• Texas Section 20.08 - Consumer's Right To File Action In Court Or Arbitrate Disputes
  (a) An action to enforce an obligation of a consumer reporting agency to a consumer under this chapter may be brought in any court as...
• Texas Section 20.09 - Civil Liability
  (a) A consumer reporting agency that wilfully violates this chapter is liable to the consumer against whom the violation occurs for the greater of three...
• Texas Section 20.10 - Remedies Cumulative
  An action taken under this chapter does not prohibit a consumer from taking any other action authorized by law except that a credit reporting agency...
• Texas Section 20.11 - Injunctive Relief; Civil Penalty
  (a) The attorney general may file a suit against a person for: (1) injunctive relief to prevent or restrain a violation of this chapter; or...
• Texas Section 20.12 - Deceptive Trade Practice
  A violation of this chapter is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17. Added by Acts 2003, 78th Leg.,...

SUBCHAPTER E SECURITY FREEZE FOR CHILD

• Texas Section 20.13 - Venue
  An action brought under this chapter shall be filed in a district court: (1) in Travis County; (2) in any county in which the violation...
• Texas Section 20.21 - Definitions
  In this subchapter: (1) "Protected consumer" means an individual who resides in this state and is younger than 16 years of age at the time...
• Texas Section 20.22 - Applicability; Conflict Of Law
  (a) This subchapter does not apply to the use of a protected consumer's consumer report or record by: (1) a person administering a credit file...
• Texas Section 20.23 - Proof Of Authority And Identification
  (a) Documentation that shows a person has authority to act on behalf of a protected consumer is considered sufficient proof of authority for purposes of...
• Texas Section 20.24 - Use Of Record To Consider Creditworthiness Or For Other Purposes Prohibited
  A protected consumer's record may not be created or used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics,...
• Texas Section 20.25 - Request To Place A Security Freeze; Creation Of Record
  (a) Except as provided by Subsection (b), a consumer reporting agency shall place a security freeze on a protected consumer's consumer file if: (1) the...
• Texas Section 20.26 - Release Of Consumer Report Prohibited
  Unless a security freeze on a protected consumer's consumer file or record is removed under Section 20.28 or 20.30, a consumer reporting agency may not...
• Texas Section 20.27 - Period Of Security Freeze
  A security freeze on a protected consumer's consumer file or record remains in effect until: (1) the protected consumer or the protected consumer's representative requests...
• Texas Section 20.28 - Removal Of Security Freeze
  (a) A protected consumer or a protected consumer's representative may remove a security freeze on a protected consumer's consumer file or record if the protected...
• Texas Section 20.29 - Fees
  (a) A consumer reporting agency may not charge a fee for any service performed under this subchapter other than a fee authorized by this section....
• Texas Section 20.30 - Effect Of Material Misrepresentation Of Fact
  A consumer reporting agency may remove a security freeze on a protected consumer's consumer file or record, or delete a record of a protected consumer,...
• Texas Section 20.31 - Remedy For Violation
  Notwithstanding Subchapter D or any other law, the exclusive remedy for a violation of this subchapter is a suit filed by the attorney general under...

Last modified: September 28, 2016