SECTION 26.12. What Must I Do If I Receive a Written Consumer Complaint?

(a) Definitions.

(1) "Consumer complaint" means a written complaint you receive, either at your corporate office or your cemetery location, from a consumer regarding the manner in which you operate your perpetual care cemetery or perform your obligations under a perpetual care cemetery contract or Health and Safety Code, Chapter 711 or Chapter 712. 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.

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

(3) "You" or "I" means a cemetery corporation that owns or operates a perpetual care cemetery.

(b) 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.

(c) Must I keep records of the consumer complaints I receive? Yes. You must keep the records regarding consumer complaints in accordance with the requirements of §26.2(b)(2) of this title (relating to What Records am I Required to Maintain?).

Source Note: The provisions of this §26.12 adopted to be effective March 11, 2004, 29 TexReg 2302; amended to be effective January 8, 2023, 47 TexReg 8981