SECTION 25.41. How Do I Provide Information to Consumers on How to File a Complaint and What Action Must I Take When I Receive a Complaint?

(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) "Consumer complaint" means a written complaint you receive from a consumer regarding the manner in which you operate your business selling prepaid funeral benefits or perform your obligations under a prepaid funeral benefits contract or Finance Code, Chapter 154. The term includes a written complaint you receive either directly from the consumer or through the Department. The term does not include an oral complaint.

(3) "Department" means the Texas Department of Banking.

(4) "Privacy notice" means any notice which you give regarding a consumer's right to privacy as required by a specific state or federal law.

(5) "Required notice" means a notice in a form set forth or provided for in subsection (b)(1) of this section.

(6) "You" or "I" means a prepaid funeral benefits contract seller that is licensed or permitted 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 the following notice in order to let your consumers know how to file complaints: Inquiries should be directed as below. All complaints must be in writing. Concerning the Prepaid Contract: 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. This may be accomplished by including the required notice in all prepaid funeral benefits contract forms in compliance with §25.3(j) of this title (relating to What Requirements Apply to a Non-Model Contract or Waiver).

(B) Those portions of your website that offer 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.

(c) When must I respond to a written consumer complaint and what must my response include?

(1) You must respond to the consumer complaint in writing on or before the 30th day after the date you receive the consumer complaint.

(2) In your written response, you must:

(A) set out the actions you have taken or plan to take, with a corresponding timeline, to resolve or otherwise dispose of the consumer complaint; or

(B) if you dispute the consumer complaint or do not believe any corrective or other action is required, explain your conclusion and refer to any supporting legal authority.

(3) If the consumer complaint was forwarded to you by the Department, you must send the Department a copy of your response on or before the 5th day after the date you mail the response to the consumer.

(d) Must I keep records of the consumer complaints I receive? Yes. You must keep the records regarding consumer complaints.

Source Note: The provisions of this §25.41 adopted to be effective January 3, 2002, 26 TexReg 10851; amended to be effective May 21, 2002, 27 TexReg 4325; amended to be effective November 4, 2010, 35 TexReg 9696; amended to be effective November 10, 2011, 36 TexReg 7505