| (a) Purpose. This section implements Finance Code §15.408,
which requires the Department to maintain a system to promptly and
efficiently act on each complaint filed with the Department.
(b) Required Notice.
(1) Credit unions must provide their members with a
notice that substantially conforms to the language and form of the
following notice in order to let its members know how to file complaints:
"If you have a problem with the services provided by this credit union,
please contact us at: (Your Name) Credit Union Mailing Address Telephone
Number or e-mail address. The credit union is incorporated under the
laws of the State of Texas and under state law is subject to regulatory
oversight by the Texas Credit Union Department. If any dispute is
not resolved to your satisfaction, you may also file a complaint against
the credit union by contacting the Texas Credit Union Department through
one of the means indicated below: In Person or U.S. Mail: 914 East
Anderson Lane, Austin, Texas 78752-1699, Telephone Number: (512) 837-9236,
Facsimile Number: (512) 832-0278; email: complaints@cud.texas.gov.,
Website: www.cud.texas.gov."
(2) The title of this notice shall be "COMPLAINT NOTICE"
and must be in all capital letters and boldface type.
(3) The credit union must provide the notice as follows:
(A) In each area where a credit union typically conducts
business on a face-to-face basis, the required notice must be conspicuously
posted. A notice is deemed to be conspicuously posted if a member
with 20/20 vision can read it from the place where he or she would
typically conduct business or if it is included in plain view on a
bulletin board on which required communications to the membership
(such as equal housing posters) are posted.
(B) If a credit union maintains a website, the required
notice or a link to the required notice must be conspicuously posted
on the homepage of the website.
(C) If a credit union distributes a newsletter, it
must include the notice on approximately the same date at least once
each year in any newsletter distributed to its members.
(D) If a credit union does not distribute a newsletter,
the notice must be included with any privacy notice the credit union
is required to provide or send its members.
(c) Filing, Receipt, and Handling of Complaints.
(1) The Department shall make available, on its public
website (www.cud.texas.gov) and at its office, information on how
to file a complaint.
(2) A person who alleges that a credit union has committed
an act or failed to perform an act that may constitute a violation
of the Texas Credit Union Act or Department rules may file a complaint
in writing with the Department. The complainant may complete and submit
to the Department the complaint form the Department maintains at the
Department's office and on its public website, or the complainant
may submit a complaint in a letter that addresses the matters covered
by the complaint form. At a minimum, all complaints should contain
information necessary for the proper processing of the complaint by
the Department, including, but not limited to:
(A) complainant's name and how the complainant may
be contacted;
(B) name and address of the credit union against whom
the complaint is made;
(C) a brief statement of the nature of the complaint
and relevant facts, including names of persons with knowledge, times,
dates, and location; and
(D) Copies of any documents or records related to the
complaint (original records should not be sent with a complaint).
(3) Anonymous complaints may be accepted by the Department,
but the lack of a witness or the inability of the Department to secure
additional information from the anonymous complainant may result in
the Department's inability to secure sufficient evidence to pursue
action against a credit union.
(4) The Department will review all complaints to determine
whether they are within the Department's jurisdiction or authority
to resolve and will send an acknowledgement letter to the complainant
within five (5) business days of receipt of a complaint. At least
quarterly until final disposition of the complaint, the Department
shall provide status updates to the complainant and respondent credit
union, orally or in writing, unless the notice would jeopardize an
investigation.
(5) Upon determining that a complaint is within the
Department's jurisdiction, the Department will inform the credit union
respondent of the complaint and will request a written response from
the credit union. Along with a request for response, the Department
will transmit to the credit union a copy of the complaint and any
attachments. Within fifteen (15) days from the date of the request
for response, unless the period is extended by the Department, the
credit union shall provide a substantive response and set forth the
credit union's position with respect to the allegations in the complaint,
which shall include all data, information and documentation supporting
its position, or a description of corrective measures taken or intended
to be taken. The Department may request, and the complainant and respondent
shall provide, additional information or further explanation at any
time during the review of the complaint.
(6) Once the Department has received the documentation
from both parties, the Department will review the information and
will process the complaint in accordance with the rules of the Department.
The Department will advise both parties in writing of the final disposition
of the complaint.
(7) The Department shall maintain a file on each complaint
filed with the agency. The file shall include:
(A) the complainant's name and relationship to the
institution;
(B) the date the complaint is received and resolved
or closed by the Department;
(C) the basis of the complaint;
(D) a summary of the results of the review of the complaint
including issuance of any enforcement action; and
(E) an explanation of the reason the file was closed,
if the Department closed the file without taking action other than
to review the complaint.
(8) The Department will maintain a database of complaints
in order to identify trends or issues related to violations of state
laws under the Department's jurisdiction.
(d) Complaints Closed with No Action Beyond Review.
Certain complaints and disputes may be closed with no action taken
other than to review the complaint. Such complaints may include those
that are not within the Department authority to investigate or adjudicate,
and which may be referred to as non-jurisdictional complaints. The
Department, for example, will not address complaints concerning contractual
matters or internal credit union practices that are not governed by
the statutes or rules that the Department implements or enforces.
The Department also may close without taking action other types of
complaints, including undocumented factual disputes between a person
and a credit union and complaints involving matters that are the subject
of a pending lawsuit. The Department does not offer legal assistance
and cannot represent individuals in settling claims or recovering
damages. The Department does not own, operate, or control credit unions,
and the Department does not establish their operating policies and
procedures. Therefore, the Department may close without taking action
complaints concerning the range of services a credit union offers,
complaints about bad customer service, and disagreements over specific
credit union policies, practices, or procedures, or about other matters
that are not governed by a law or rule under the Department's jurisdiction.
The Department will inform the complainant and respondent credit union
when a complaint is closed with no action taken and will inform them
of the reason for closing the case.
(e) Privacy. The information collected from complainants
and respondents is solicited to provide the Department with information
that is necessary and useful in reviewing complaints received from
persons regarding their interactions with a credit union. A complainant
is not required to give the Department any information; however, without
such information, the Department's ability to complete a review, to
investigate, or to prosecute a matter may be hindered. It is intended
that the information a person provides to the Department will be used
within the Department and for the purpose of investigating and prosecuting
a complaint. A person should not include personal or confidential
information such as social security, credit card, or account numbers,
or dates of birth when corresponding with the Department. If it is
necessary to supply a document that contains personal or confidential
information, the information should be redacted before the document
is submitted to the Department.
(f) The Department will annually produce a statistical
analysis of complaints processed and related enforcement actions for
the preceding fiscal year which must include at a minimum:
(1) total complaints filed, closed and outstanding;
(2) resolved complaints aggregated by source, basis
of complaint, disposition, jurisdictional vs. non-jurisdiction, regulatory
vs. non-regulatory penalties or fees assessed and the average number
of days to resolve.
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| Source Note: The provisions of this §91.121 adopted to be effective March 4, 2009, 34 TexReg 1399; amended to be effective March 14, 2010, 35 TexReg 1977; amended to be effective November 13, 2011, 36 TexReg 7540; amended to be effective November 23, 2017, 42 TexReg 6508; amended to be effective November 5, 2018, 43 TexReg 7342; amended to be effective November 28, 2021, 46 TexReg 7872 |
