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Tex. Fin. Code § 341.402

PENALTIES FOR PROHIBITED DISCRIMINATION

Applied in 1 court decision — leading case in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc (2018)

Most recently applied in in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc (June 2018)

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

(a) A person who violates Section 341.401 is liable to the aggrieved individual for:

(1) the actual damages caused by the violation;

(2) punitive damages not to exceed $10,000 in an action brought by the aggrieved individual; and

(3) court costs.

(b) The liability of a person under this section is instead of and not in addition to that person's liability under the Equal Credit Opportunity Act (15 U.S.C. Section 1691 et seq.). If the same act or omission violates Section 341.401 and applicable federal law, the person aggrieved by that conduct may bring a legal action to recover monetary damages either under this section or under that federal law, but not both.

(c) In addition to the other liabilities prescribed by this section, a person holding a license issued under this subtitle who violates Section 341.401 is subject to revocation or suspension of the license or the assessment of civil penalties by the commissioner.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.