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The Law Offices of Alan Abergel, P.C. (“LOAA”) represents credit service organizations, credit repair companies, and financial services businesses in Texas and California in registration, licensing, regulatory compliance, and administrative matters.
Attorney Alan Abergel is licensed by both the State Bar of Texas and the State Bar of California. LOAA also provides registration, compliance, and document drafting services to California credit service organizations.
In Texas, credit service organizations are governed by Chapter 393 of the Texas Finance Code and the administrative rules in 1 Texas Administrative Code Chapter 74, as well as other applicable state and federal laws.
Unless exempt, a credit service organization must register with the Texas Secretary of State before conducting business in Texas.
The Secretary of State serves as the filing officer for CSO registrations and security but does not regulate business practices, resolve disputes, or determine refund entitlement.
Certain credit service organizations are classified as credit access businesses (CABs).
A credit access business is a CSO that obtains or assists a consumer in obtaining consumer credit, including:
Deferred presentment transactions
Vehicle title loans
Credit access businesses must obtain a license from the Office of Consumer Credit Commissioner (OCCC) in addition to registering with the Texas Secretary of State.
Credit repair organizations are also subject to the Credit Repair Organizations Act (CROA), which:
Prohibits untrue or misleading representations
Requires specific affirmative disclosures
Prohibits advance payment for credit repair services
Requires written contracts
Provides consumers with contract cancellation rights
The Federal Trade Commission (FTC) enforces CROA compliance, and state authorities may bring actions to enjoin violations and recover damages.
CROA does not preempt state laws except to the extent of any inconsistency.
LOAA provides legal services to Texas credit service organizations and credit repair companies, including:
Assistance with filing CSO Registration Statements with the Texas Secretary of State
Drafting CSO contracts and disclosures compliant with Texas Finance Code Chapter 393 and Texas Administrative Code Chapter 74
Drafting documents compliant with CROA and other federal and state consumer credit laws
Regulatory compliance counseling for CSOs and CABs
Representation in transactional and administrative matters
Representation in investigations and enforcement actions before the Texas Attorney General, FTC, and Consumer Financial Protection Bureau (CFPB)
Assistance in obtaining a Credit Access Business license from the OCCC
Mergers and acquisitions involving CSO and CAB licensees and registrants
LOAA's legal services for credit services organizations are provided as a combined 15 Day Texas Secretary of State registration application and compliance program. Accordingly, the firm does not offer partial services such as advice about the application forms only, drafting the CSO contract only, drafting certain required disclosures only, initial consultation only, or other partial services.
LOAA's combined 15 Day Department of Justice registration application and compliance program is offered for a reasonable flat fee. This flat fee structure provides price certainty and makes comprehensive legal services more affordable compared to hourly billing for the extensive work involved in preparing compliant contracts, disclosures, and registration applications. Prospective clients are encouraged to contact the firm to discuss the details of services included in the combined licensing application and compliance program and to obtain fee information.
LOAA represents credit service organizations in:
Regulatory investigations and compliance inquiries
Administrative enforcement actions
Regulatory audits and examinations
Compliance strategy and risk mitigation planning
The firm advises clients on compliance frameworks and regulatory response strategies to reduce enforcement risk.
LOAA does not represent consumers.
The firm represents only credit service organizations, credit repair companies, and credit access businesses operating in Texas or serving Texas customers.
“I engaged Alan to help me through the complexities of obtaining my Lenders License. He was very knowledgeable about the process and provided me with a high level of service. I worked quickly getting him all the information needed and he worked at my pace. He was responsive to e-mails and questions and followed up with the DFPI to make sure everything was filed correctly. I had read online that this process could take as long as 6 months however Alan completed the assignment in less than 3 I will be retaining his services in the future to ensure my company remains in compliance."
--Petroleum Realty Group Inc.
"I hired Alan to represent me as a mortgage broker before the California Department of Real Estate. I couldn't be more pleased with Alan's services from start to finish. Alan was clear and concise. Alan's communication throughout the process was professional. I received the results I hoped for. Thank you Alan. I'll definitely recommend you to ALL and use your services again in the future shall I need anything!"
-Anonymous
"Very helpful in assisting in obtaining an OCCC Texas Motor Vehicle Sales Finance License. Very knowledgeable in answering all questions the OCCC asked for on their questionnaire. Highly recommended and would re-hire for any future assistance regarding motor vehicle and finance business. God Bless!"
-Raul
