Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 2 - TEXAS DEPARTMENT OF BANKING
Chapter 11 - MISCELLANEOUS
Subchapter A - GENERAL
Section 11.37 - How Do I Provide Information to Consumers on How to File a Complaint?
Universal Citation: 7 TX Admin Code ยง 11.37
Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions
(1) "Consumer" means an individual who
obtains or has obtained a product or service from you that is to be used
primarily for personal, family, or household purposes.
(2) "Privacy notice" means any notice which
you give regarding a consumer's right to privacy as required by a specific
state or federal law.
(3) "Required
notice" means a notice in a form set forth or provided for in subsection (b)(1)
of this section.
(4) "You" means a
bank, foreign bank, bank holding company, or trust company that is chartered,
licensed, or registered by the Texas Department of Banking under the Finance
Code.
(b) How do I provide notice of how to file complaints?
(1)
You must use a notice that substantially conforms to the language and form of
the following notice in order to let your consumers know how to file
complaints: The (your name) is (chartered, licensed, or registered) under the
laws of the State of Texas and by state law is subject to regulatory oversight
by the Texas Department of Banking. Any consumer wishing to file a complaint
against the (your name) should contact the Texas Department of Banking through
one of the means indicated below: In Person or U.S. Mail: 2601 North Lamar
Boulevard, Suite 300, Austin, Texas 78705-4294, Telephone No.: (877) 276-5554,
Fax No.: (512) 475-1313, email : consumer.complaints@dob.texas.gov, Website:
www.dob.texas.gov .
(2) You must provide the required notice in
the language in which a transaction is conducted.
(3) You must include the required notice with
each privacy notice that you send out.
(4) Regardless of whether you are required by
any state or federal law to give privacy notices, you must take appropriate
steps to let your consumers know how to file complaints by giving them the
required notice in compliance with paragraph (1) of this subsection.
(5) You must use the following measures to
give the required notice:
(A) In each area
where you conduct business on a face-to-face basis, you must conspicuously post
the required notice. A notice is deemed to be conspicuously posted if a
consumer with 20/20 vision can read it from the place where he or she would
typically conduct business or if it is included on a bulletin board, in plain
view, on which all required notices to the general public (such as equal
housing posters, licenses, Community Reinvestment Act notices, etc.) are
posted.
(B) For consumers who are
not given privacy notices, you must give the required notice when the consumer
first obtains a product or service from you.
(C) Those portions of your website that offer
consumer goods and services must contain access to the required
notice.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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