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TEXAS OCCC LICENSE DEFENSE LAWYER

Alan Abergel is an attorney licensed by both the State Bar of Texas and the State Bar of California.

We also provide California DFPI consumer credit and financial services enforcement defense services

An attorney that represents you or your company in an administrative consumer credit enforcement case, can only be effective if that attorney is also a consumer credit compliance lawyer, who is knowledgeable in OCCC, CFPB, FTC, and other applicable Texas and federal consumer credit laws and regulations.  A general administrative lawyer that defends all types of Texas licensees (nurses, healthcare professionals, barbers, cosmetologists, locksmiths, manicurists, etc.) is highly unlikely to also practice regularly consumer credit compliance, and financial services laws.  Being familiar with the procedural aspects of the Texas State Office of Administrative Hearings and court procedures, such as administrative appeals to the Travis County District Court, is only one aspect of effective administrative representation.   The other aspect that is even more important is deep knowledge and experience of the substantive law that governs the specific license or area of regulation such as consumer credit laws.  We practice both consumer credit (as well as financial services regulation) compliance and administrative defense. 

TEXAS OCCC ENFORCEMENT ACTIONS.

The Office of Consumer Credit Commissioner (OCCC) works to ensure that the Texas non-depository financial services industry that it regulates provides compliant financial products. Participants within this dynamic and diverse industry range from small, independent providers, to international publicly-traded corporations engaging in an extensive array of financial transactions.

The agency works to ensure that this vast financial marketplace adheres to laws regulating financial transactions, as well as to educate both financial service providers and consumers about rights, responsibilities, and remedies associated with such transactions.   The OCCC’s regulation addresses both consumers and creditors by enforcing Texas credit laws and licensing qualified lenders and protecting consumers against abusive and deceptive lending practices.

OCCC maintains regulatory oversight of six categories of licensed industries and four categories of registered industries. Licensed industries include those that are required to obtain operational licenses from the agency and that are subject to routine and periodic examination of records, processes, and compliance with statute and regulatory controls.  Registered industries include those that are required to register with the agency but are not subject to routine and periodic examinations. While the agency does not maintain examination and enforcement authority over these industries, it does maintain the right to investigate consumer concerns and complaints related to these registered entities

Licensed Industries:

Commercial Motor Vehicle Sales Finance

Credit Access Businesses

Motor Vehicle Sales Finance

Pawnshops & Pawn Employees

Property Tax Lenders

Regulated Lenders

Residential Mortgage Loan Originators

Registered Industries:

Crafted Precious Metals Dealers

Debt Management and Settlement Providers

Manufactured Housing Creditors

Refund Anticipation Loan Facilitators

Registered Creditors

The OCCC's legal department brings enforcement actions to ensure compliance with Texas law. Enforcement actions can include administrative penalties, restitution, injunctions, and license suspensions or revocations.  Contested case hearings are held before an Administrative Law Judge at the State Office of Administrative Hearings ("SOAH"). Hearings are conducted under the SOAH Rules of Procedure (1 Tex. Admin. Code § 155.1 et seq.).

WE PROVIDE THE FOLLOWING LEGAL SERVICES:

  • Representation in administrative hearings, proceedings, and investigations.
  • Representation in appeals of final orders of the OCCC to the Travis County District Court.
  • Compliance with consumer credit laws and regulations.
  • Drafting of agreements, disclosures, and ancillary documents in compliance OCCC and other Texas and federal consumer credit laws and regulations.
  • No criminal defense services are provided.   Only administrative, civil, compliance, and transactional services are provided.