Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER
Chapter 82 - ADMINISTRATION
Section 82.4 - Consumer Complaint Process
Universal Citation: 7 TX Admin Code ยง 82.4
Current through Reg. 49, No. 12; March 22, 2024
(a) Definitions.
(1) "Complainant" means a person who files a
complaint with the OCCC.
(2)
"Complaint" means a communication received by the OCCC consumer assistance
department that expresses dissatisfaction with a transaction or alleges
wrongful conduct. For purposes of this section, the OCCC will collect the
following items and information regarding a complaint, if available:
(A) the complainant's name and contact
information;
(B) the name of the
person against whom the complaint is submitted;
(C) the date and place of the alleged
misconduct, violation, or transaction;
(D) a description of the facts or conduct
alleged to violate applicable statutes or rules, and the transaction; and
(E) any written documentation
supporting the complaint.
(3) "Inquiry" means a communication received
by the OCCC consumer assistance department that is not a complaint.
(4) "OCCC" means the Office of Consumer
Credit Commissioner of the State of Texas.
(b) Complaint processing.
(1) Complaints and inquiries filed with the
OCCC are generally considered public information, unless a specific statutory
exception applies.
(2) Upon
receipt of a complaint and at the request of the complainant, the OCCC will
make a good faith effort to protect the complainant's identity to the extent
possible.
(3) The OCCC will
determine whether the complaint or inquiry relates to an activity that the OCCC
regulates.
(4) If the OCCC does
not regulate the activity that is the subject of the complaint or inquiry, the
OCCC will close the complaint or inquiry and refer the person making the
complaint or inquiry to the appropriate regulatory entity, if known.
(5) If the OCCC regulates the activity that
is the subject of a complaint, the OCCC will send a summary of the complaint
and appropriate supporting documentation to the person that is the subject of
the complaint.
(6) The OCCC will
prioritize complaints for purposes of determining the order in which complaints
are investigated, taking into account the seriousness of the allegations made
in a complaint and the length of time a complaint has been pending.
(7) A person that receives a complaint
forwarded by the OCCC must respond by the deadline identified by the OCCC when
it forwards the complaint.
(8) The
OCCC will monitor how long each complaint is open, and will make all reasonable
efforts to resolve complaints within 90 days of receipt. The OCCC will notify
the complainant of their complaint status at least quarterly until final
disposition, unless such notice would jeopardize an ongoing complaint analysis,
a field investigation, or a pending enforcement action.
(9) If the OCCC determines that the complaint
is not supported by the evidence, is not within the OCCC's jurisdiction,
contains no violation, or is resolved to the satisfaction of the parties, the
complaint will be closed. Upon closure, the OCCC will promptly send a closure
summary outlining the results of the complaint analysis to all parties to the
complaint.
(10) The OCCC will
notify all parties to the complaint within 10 business days of closing the
complaint.
(11) A complainant who
disagrees with the disposition of a complaint may appeal by sending a written
appeal request to the OCCC consumer assistance department within 30 calendar
days after the date of the closure summary. Upon receipt of an appeal request,
the OCCC will notify the complaint parties of the request, and a senior member
of the OCCC consumer protection department will review all information and make
a determination regarding the complaint. The OCCC will send a letter of its
final findings to the complaint parties.
(c) Complaint review and reporting.
(1) The OCCC will maintain records of all
complaints received in accordance with its retention policy. These records will
include the information required in Texas Finance Code, §
RSA
14.062.
(2) Complaints closed administratively, due
to lack of jurisdiction, or due to lack of evidence will be reviewed quarterly
by the consumer assistance manager.
(3) At least quarterly, the OCCC will submit
to the Finance Commission a report of the sources, subjects, types, and
dispositions of complaint activity during the preceding period.
(4) The OCCC will make available on its
website information describing procedures for complaint receipt, investigation,
and closure.
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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