| (a) Definitions. "Privacy notice" means any notice
that a lender 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 by licensees
to let consumers know how to file complaints: "For questions or complaints
about this loan, contact (insert name of lender) at (insert lender's
phone number and, at lender's option, one or more of the following:
mailing address, fax number, website, e-mail address). The lender
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 lender, 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. E-mail: 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.
(4) Regardless of whether any state or federal law
requires the lender to give privacy notices, the licensee must take
appropriate steps to let consumers know how to file complaints by
giving the required notice in compliance with paragraph (1) of this
subsection.
(5) The notice described by paragraph (1) must be included
on each loan contract of a licensee pursuant to Texas Finance Code, §14.104.
(6) The lender's phone number may be printed in conjunction
with the lender's name and address elsewhere on the privacy notice
or loan contract if the notice described by paragraph (1) is amended
to direct the reader's attention to the area of the document where
the phone number may be found.
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| Source Note: The provisions of this §90.105 adopted to be effective August 31, 2006, 31 TexReg 6671; amended to be effective March 15, 2007, 32 TexReg 1232; amended to be effective November 5, 2015, 40 TexReg 7635 |
