Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 2 - TEXAS DEPARTMENT OF BANKING
Chapter 26 - PERPETUAL CARE CEMETERIES
Section 26.11 - How Do I Provide Information to Consumers on How to File a Complaint?
Universal Citation: 7 TX Admin Code ยง 26.11
Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions.
(1) "Consumer" means a person who obtains or
has obtained interment rights, merchandise or services from you under an
agreement that provides for perpetual care. For purposes of §
RSA
26.12 of this title (relating to What must I
do If I Receive a Written Consumer Complaint?), the term includes:
(A) a person authorized under the terms of
the agreement to act in connection with the agreement; and
(B) if the person for whom such interment
rights, merchandise or services have been obtained is deceased, any person
listed in Health and Safety Code, §
RSA
711.002(a).
(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" or "I" means a perpetual care
cemetery that is certificated by the Texas Department of Banking under the
Health and Safety Code.
(b) How do I provide notice of how to file complaints?
(1) You must use the following
notice in order to let your consumers know how to file complaints: Complaints
concerning perpetual care cemeteries should be directed to: Texas Department of
Banking, 2601 North Lamar Boulevard, Austin, Texas 78705; 1-877-276-5554 (toll
free); 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. The language and form of the notice must
substantially conform to the required notice set out in paragraph (1) of this
subsection.
(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) You must give the required notice when
the consumer first obtains a product or service from you by including the
required notice in the perpetual care cemetery purchase agreement.
(B) Those portions of your website that offer
or promote consumer goods and services must contain access to the required
notice. The language and form of the notice must substantially conform to the
required notice set out in paragraph (1) of this subsection.
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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