| (a) Definitions.
(1) "Complainant" means a person who files a complaint
with the OCCC.
(2) "Complaint" means a communication received by the
OCCC consumer assistance department that expresses dissatisfaction
with a transaction or alleges wrongful conduct. For purposes of this
section, the OCCC will collect the following items and information
regarding a complaint, if available:
(A) the complainant's name and contact information;
(B) the name of the person against whom the complaint
is submitted;
(C) the date and place of the alleged misconduct, violation,
or transaction;
(D) a description of the facts or conduct alleged to
violate applicable statutes or rules, and the transaction; and
(E) any written documentation supporting the complaint.
(3) "Inquiry" means a communication received by the
OCCC consumer assistance department that is not a complaint.
(4) "OCCC" means the Office of Consumer Credit Commissioner
of the State of Texas.
(b) Complaint processing.
(1) Complaints and inquiries filed with the OCCC are
generally considered public information, unless a specific statutory
exception applies.
(2) Upon receipt of a complaint and at the request
of the complainant, the OCCC will make a good faith effort to protect
the complainant's identity to the extent possible.
(3) The OCCC will determine whether the complaint or
inquiry relates to an activity that the OCCC regulates.
(4) If the OCCC does not regulate the activity that
is the subject of the complaint or inquiry, the OCCC will close the
complaint or inquiry and refer the person making the complaint or
inquiry to the appropriate regulatory entity, if known.
(5) If the OCCC regulates the activity that is the
subject of a complaint, the OCCC will send a summary of the complaint
and appropriate supporting documentation to the person that is the
subject of the complaint.
(6) The OCCC will prioritize complaints for purposes
of determining the order in which complaints are investigated, taking
into account the seriousness of the allegations made in a complaint
and the length of time a complaint has been pending.
(7) A person that receives a complaint forwarded by
the OCCC must respond by the deadline identified by the OCCC when
it forwards the complaint.
(8) The OCCC will monitor how long each complaint is
open, and will make all reasonable efforts to resolve complaints within
90 days of receipt. The OCCC will notify the complainant of their
complaint status at least quarterly until final disposition, unless
such notice would jeopardize an ongoing complaint analysis, a field
investigation, or a pending enforcement action.
(9) If the OCCC determines that the complaint is not
supported by the evidence, is not within the OCCC's jurisdiction,
contains no violation, or is resolved to the satisfaction of the parties,
the complaint will be closed. Upon closure, the OCCC will promptly
send a closure summary outlining the results of the complaint analysis
to all parties to the complaint.
(10) The OCCC will notify all parties to the complaint
within 10 business days of closing the complaint.
(11) A complainant who disagrees with the disposition
of a complaint may appeal by sending a written appeal request to the
OCCC consumer assistance department within 90 calendar days after
the date of the closure summary. Upon receipt of an appeal request,
the OCCC will notify the complaint parties of the request, and a senior
member of the OCCC consumer protection department will review all
information and make a determination regarding the complaint. The
OCCC will send a letter of its final findings to the complaint parties.
(c) Complaint review and reporting.
(1) The OCCC will maintain records of all complaints
received in accordance with its retention policy. These records will
include the information required in Texas Finance Code, §14.062.
(2) At least quarterly, the consumer assistance manager
will review a sample of complaints closed administratively, due to
lack of jurisdiction, due to lack of a violation, or due to lack of
evidence.
(3) At least quarterly, the OCCC will submit to the
Finance Commission a report of the sources, subjects, types, and dispositions
of complaint activity during the preceding period.
(4) The OCCC will make available on its website information
describing procedures for complaint receipt, investigation, and closure.
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