Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. This section implements Finance
Code § 15.408, which requires the Department to maintain a system to
promptly and efficiently act on each complaint filed with the
Department.
(b) Required Notice.
(1) Credit unions must provide their members
with a notice that substantially conforms to the language and form of the
following notice in order to let its members know how to file complaints: "If
you have a problem with the services provided by this credit union, please
contact us at: (Your Name) Credit Union Mailing Address Telephone Number or
e-mail address. The credit union is incorporated under the laws of the State of
Texas and under state law is subject to regulatory oversight by the Texas
Credit Union Department. If any dispute is not resolved to your satisfaction,
you may also file a complaint against the credit union by contacting the Texas
Credit Union Department through one of the means indicated below: In Person or
U.S. Mail: 914 East Anderson Lane, Austin, Texas 78752-1699, Telephone Number:
(512) 837-9236, Facsimile Number: (512) 832-0278; email:
complaints@cud.texas.gov., Website:
www.cud.texas.gov."
(2) The title of this notice shall be
"COMPLAINT NOTICE" and must be in all capital letters and boldface
type.
(3) The credit union must
provide the notice as follows:
(A) In each
area where a credit union typically conducts business on a face-to-face basis,
the required notice must be conspicuously posted. A notice is deemed to be
conspicuously posted if a member with 20/20 vision can read it from the place
where he or she would typically conduct business or if it is included in plain
view on a bulletin board on which required communications to the membership
(such as equal housing posters) are posted.
(B) If a credit union maintains a website,
the required notice or a link to the required notice must be conspicuously
posted on the homepage of the website.
(C) If a credit union distributes a
newsletter, it must include the notice on approximately the same date at least
once each year in any newsletter distributed to its members.
(D) If a credit union does not distribute a
newsletter, the notice must be included with any privacy notice the credit
union is required to provide or send its members.
(c) Filing, Receipt, and Handling
of Complaints.
(1) The Department shall make
available, on its public website (
www.cud.texas.gov) and at its office,
information on how to file a complaint.
(2) A person who alleges that a credit union
has committed an act or failed to perform an act that may constitute a
violation of the Texas Credit Union Act or Department rules may file a
complaint in writing with the Department. The complainant may complete and
submit to the Department the complaint form the Department maintains at the
Department's office and on its public website, or the complainant may submit a
complaint in a letter that addresses the matters covered by the complaint form.
At a minimum, all complaints should contain information necessary for the
proper processing of the complaint by the Department, including, but not
limited to:
(A) complainant's name and how the
complainant may be contacted;
(B)
name and address of the credit union against whom the complaint is
made;
(C) a brief statement of the
nature of the complaint and relevant facts, including names of persons with
knowledge, times, dates, and location; and
(D) Copies of any documents or records
related to the complaint (original records should not be sent with a
complaint).
(3) Anonymous
complaints may be accepted by the Department, but the lack of a witness or the
inability of the Department to secure additional information from the anonymous
complainant may result in the Department's inability to secure sufficient
evidence to pursue action against a credit union.
(4) The Department will review all complaints
to determine whether they are within the Department's jurisdiction or authority
to resolve and will send an acknowledgement letter to the complainant within
five (5) business days of receipt of a complaint. At least quarterly until
final disposition of the complaint, the Department shall provide status updates
to the complainant and respondent credit union, orally or in writing, unless
the notice would jeopardize an investigation.
(5) Upon determining that a complaint is
within the Department's jurisdiction, the Department will inform the credit
union respondent of the complaint and will request a written response from the
credit union. Along with a request for response, the Department will transmit
to the credit union a copy of the complaint and any attachments. Within fifteen
(15) days from the date of the request for response, unless the period is
extended by the Department, the credit union shall provide a substantive
response and set forth the credit union's position with respect to the
allegations in the complaint, which shall include all data, information and
documentation supporting its position, or a description of corrective measures
taken or intended to be taken. The Department may request, and the complainant
and respondent shall provide, additional information or further explanation at
any time during the review of the complaint.
(6) Once the Department has received the
documentation from both parties, the Department will review the information and
will process the complaint in accordance with the rules of the Department. The
Department will advise both parties in writing of the final disposition of the
complaint.
(7) The Department shall
maintain a file on each complaint filed with the agency. The file shall
include:
(A) the complainant's name and
relationship to the institution;
(B) the date the complaint is received and
resolved or closed by the Department;
(C) the basis of the complaint;
(D) a summary of the results of the review of
the complaint including issuance of any enforcement action; and
(E) an explanation of the reason the file was
closed, if the Department closed the file without taking action other than to
review the complaint.
(8)
The Department will maintain a database of complaints in order to identify
trends or issues related to violations of state laws under the Department's
jurisdiction.
(d)
Complaints Closed with No Action Beyond Review. Certain complaints and disputes
may be closed with no action taken other than to review the complaint. Such
complaints may include those that are not within the Department authority to
investigate or adjudicate, and which may be referred to as non-jurisdictional
complaints. The Department, for example, will not address complaints concerning
contractual matters or internal credit union practices that are not governed by
the statutes or rules that the Department implements or enforces. The
Department also may close without taking action other types of complaints,
including undocumented factual disputes between a person and a credit union and
complaints involving matters that are the subject of a pending lawsuit. The
Department does not offer legal assistance and cannot represent individuals in
settling claims or recovering damages. The Department does not own, operate, or
control credit unions, and the Department does not establish their operating
policies and procedures. Therefore, the Department may close without taking
action complaints concerning the range of services a credit union offers,
complaints about bad customer service, and disagreements over specific credit
union policies, practices, or procedures, or about other matters that are not
governed by a law or rule under the Department's jurisdiction. The Department
will inform the complainant and respondent credit union when a complaint is
closed with no action taken and will inform them of the reason for closing the
case.
(e) Privacy. The information
collected from complainants and respondents is solicited to provide the
Department with information that is necessary and useful in reviewing
complaints received from persons regarding their interactions with a credit
union. A complainant is not required to give the Department any information;
however, without such information, the Department's ability to complete a
review, to investigate, or to prosecute a matter may be hindered. It is
intended that the information a person provides to the Department will be used
within the Department and for the purpose of investigating and prosecuting a
complaint. A person should not include personal or confidential information
such as social security, credit card, or account numbers, or dates of birth
when corresponding with the Department. If it is necessary to supply a document
that contains personal or confidential information, the information should be
redacted before the document is submitted to the Department.
(f) The Department will annually produce a
statistical analysis of complaints processed and related enforcement actions
for the preceding fiscal year which must include at a minimum:
(1) total complaints filed, closed and
outstanding;
(2) resolved
complaints aggregated by source, basis of complaint, disposition,
jurisdictional vs. non-jurisdiction, regulatory vs. non-regulatory penalties or
fees assessed and the average number of days to resolve.
