| (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.
|
| Source Note: 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 to be effective September 8, 2016, 41 TexReg 6676 |
