| (a) Definitions. "Privacy notice" means any
notice that a pawnbroker gives regarding a consumer's right to privacy
as required by a specific state or federal law.
(b) Required notice.
(1) The following notice must be given to let consumers
know how to file complaints: "For questions or complaints about
this pawn loan, contact (insert name of pawnshop) at (insert pawnshop's
phone number and, at pawnshop's option, one or more of the following:
mailing address, fax number, website, e-mail address). The pawnshop
is licensed and examined under Texas law by the Office of Consumer
Credit Commissioner (OCCC), a state agency. If a complaint or question
cannot be resolved by contacting the pawnshop, consumers can contact
the OCCC to file a complaint or ask a general credit-related question.
OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800)
538-1579. Fax: (512) 936-7610. Website: occc.texas.gov. Email: consumer.complaints@occc.texas.gov."
(2) The required notice must be given in the language
in which a transaction is conducted.
(3) The required notice must be included with each
privacy notice. If a pawnbroker delivers a privacy notice simultaneously
with the delivery of the pledgor's copy of the pawn ticket, the pawnbroker
may fulfill the required notice delivery under this section by complying
with paragraph (4) of this subsection.
(4) A notice is required on each pawn ticket of a licensed
pawnbroker pursuant to §14.104, Texas Finance Code and §85.405
of this title (relating to Pawn Transaction).
(A) The text of the notice required by paragraph (1)
of this subsection is acceptable to meet this requirement; or
(B) A pawnbroker may use the following notice: "TEXAS
PAWNBROKERS ARE LICENSED AND REGULATED BY THE TEXAS CONSUMER CREDIT
COMMISSIONER. FOR INFORMATION OR ASSISTANCE WITH ANY PAWN OR OTHER
CREDIT PROBLEM CALL 1-800-538-1579."
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| Source Note: The provisions of this §85.423 adopted to be effective May 21, 2002, 27 TexReg 4328; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective January 1, 2017, 41 TexReg 8815 |
