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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 with experience in OCCC regulation, CFPB oversight, FTC enforcement, and Texas and federal consumer credit laws and regulations.
A general administrative lawyer that defends all types of Texas licensees—such as nurses, healthcare professionals, barbers, cosmetologists, locksmiths, and other regulated occupations—is highly unlikely to regularly practice consumer credit compliance, financial services regulation, or merchant cash advance and sales-based financing law.
Being familiar with the procedural aspects of the Texas State Office of Administrative Hearings (SOAH) and administrative appeals to the Travis County District Court is only one aspect of effective administrative representation. The other—and often more important—aspect is deep substantive knowledge of the consumer credit laws governing the specific license or financial product at issue, including commercial financing structures such as merchant cash advances and sales-based financing.
The Law Offices of Alan Abergel, P.C. (“LOAA”) practices both consumer credit and financial services regulatory compliance and administrative defense for OCCC-regulated businesses.
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.
OCCC 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.
OCCC enforcement actions may arise from:
Routine or targeted regulatory examinations
Consumer or business complaints
Advertising and disclosure reviews
Licensing and registration audits
Investigations financing activity
The OCCC may pursue enforcement actions seeking:
Administrative penalties and fines
Restitution orders
Cease-and-desist orders
License suspension or revocation
Restrictions on ongoing business operations
Referral to criminal prosecution
Contested enforcement actions are heard before an Administrative Law Judge at the State Office of Administrative Hearings (SOAH) and are governed by the SOAH Rules of Procedure.
Licensed Industries
Credit Access Businesses (CABs)
Registered Industries
Manufactured Housing Creditors
Refund Anticipation Loan Facilitators
Each category is governed by distinct statutory and regulatory requirements, making industry-specific legal experience critical in OCCC enforcement matters.
In addition to enforcement defense, LOAA provides Texas consumer credit compliance and financial services regulatory counseling, as well as compliance issues affecting merchant cash advance and sales-based financing businesses.
Legal services to Texas OCCC regulated businesses include:
Consumer credit and financial services compliance
Merchant cash advance and sales-based financing regulatory analysis
Drafting and review of compliant agreements and disclosures
Advertising and marketing compliance
Licensing and registration guidance
Ongoing regulatory compliance support
LOAA does not represent consumers. It only represents the OCCC regulated businesses providing financial services to Texas consumers.
Proactive compliance can significantly reduce the risk of future OCCC investigations or enforcement actions.
Legal Opinions: LOAA provides legal opinions to individuals and businesses that need a legal analysis of whether their activities require a Texas financial regulation license and which one and under which classification. These opinions involve a detailed examination of the services provided, the compensation structure, the relationship between the service provider and the customer, and the specific statutory definitions and exemptions. A well-reasoned legal opinion provides the client with a documented basis for its compliance position and can serve as evidence of good faith in the event of a future Texas agency regulatory inquiry about whether the client's activities constitute unlicensed practice.
No criminal defense services are provided. LOAA provides administrative, civil, compliance, and transactional legal services only, including OCCC enforcement defense and regulatory compliance representation.
“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
