SECTION 83.854. Conditional Offers of Credit

(a) A licensee may not solicit business by means of a "pre-approved," "approved," or any similar expression unless the statement or offer is unconditional. The term "unconditional" means not limited in any way.

(b) Subsection (a) of this section does not apply to a firm offer of credit, as that term is defined in 15 U.S.C. §1681a, that a creditor extends to a consumer following the procedures prescribed in 15 U.S.C. §1681b and §1681m.

(c) A licensee may not require the purchase of any goods, services, or intangibles from any person or firm as a condition to the granting or extending of credit, except as specifically authorized by the Texas Credit Title. This prohibition is not applicable to insurance premium financing or similar transactions wherein the loan is made solely for the purpose of financing the purchase. This section must not be construed so as to prohibit the conduct of another business by a licensee as is authorized by Texas Finance Code, §342.560.

Source Note: The provisions of this §83.854 adopted to be effective November 9, 2006, 31 TexReg 9014; amended to be effective November 4, 2010, 35 TexReg 9698