Section 11.37 - How Do I Provide Information to Consumers on How to File 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) "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" means a bank, foreign bank, bank holding company, or trust company that is chartered, licensed, or registered 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 a notice that substantially conforms to the language and form of the following notice in order to let your consumers know how to file complaints: The (your name) is (chartered, licensed, or registered) under the laws of the State of Texas and by state law is subject to regulatory oversight by the Texas Department of Banking. Any consumer wishing to file a complaint against the (your name) should contact the Texas Department of Banking through one of the means indicated below: In Person or U.S. Mail: 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705-4294, Telephone No.: (877) 276-5554, Fax No.: (512) 475-1313, email : consumer.complaints@dob.texas.gov, Website: 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.(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) In each area where you conduct business on a face-to-face basis, you must conspicuously post the required notice. A notice is deemed to be conspicuously posted if a consumer with 20/20 vision can read it from the place where he or she would typically conduct business or if it is included on a bulletin board, in plain view, on which all required notices to the general public (such as equal housing posters, licenses, Community Reinvestment Act notices, etc.) are posted.(B) For consumers who are not given privacy notices, you must give the required notice when the consumer first obtains a product or service from you.(C) Those portions of your website that offer consumer goods and services must contain access to the required notice.7 Tex. Admin. Code § 11.37
The provisions of this §11.37 adopted to be effective January 3, 2002, 26 TexReg 10850; amended to be effective November 4, 2010, 35 TexReg 9695; Amended by Texas Register, Volume 41, Number 36, September 2, 2016, TexReg 6676, eff. 9/8/2016