Texas House Bill HB3391

Texas 2021 - 87th Regular

Caption

Relating to fees paid to a third party in connection with certain extensions of consumer credit.

Impact

The implementation of HB 3391 represents a significant change in how fees related to consumer credit are managed under Texas law. By prohibiting third-party fees under specific conditions, the bill aims to safeguard consumers against potential exploitation by creditors and third-party agencies. This aligns with broader consumer protection goals by ensuring transparency and fairness in credit transactions, thereby reducing the risk of usury claims where excessive fees could lead to exorbitant interest rates.

Summary

House Bill 3391 addresses fees associated with extensions of consumer credit, particularly where those fees are paid to third parties. The bill establishes that creditors or third parties cannot charge, contract for, or receive fees for arranging or negotiating extensions of credit that are secured by a non-purchase money security interest in personal property or are unsecured. Additionally, it applies to instances where the proceeds are utilized for personal, family, or household purposes. This prohibition aims to protect consumers from potentially excessive or misleading fees related to their credit transactions.

Contention

There may be contention over the implications of the bill regarding how it will affect the consumer credit market. Critics could argue that by limiting fees, it may inadvertently lead to higher costs for consumers as creditors might react by increasing interest rates or seeking alternative methods to recover transaction costs. Supporters, however, contend that the measure adds necessary consumer protections and enhances fairness in lending practices, thus fostering a more equitable credit environment.