1. (a) Definitions

   1. (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. (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. (3) "Required notice" means a notice in a form set forth or provided for in subsection (b)(1) of this section.
   4. (4) "You" or "I" means a prepaid funeral benefits contract seller that is licensed or permitted by the Texas Department of Banking under the Finance Code.

2. (b) How do I provide notice of how to file complaints?

   1. (1) You must use the following notice in order to let your consumers know how to file complaints: Inquiries should be directed as below. All complaints must be in writing. Concerning the Prepaid Contract: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705; 1-877/276-5554 (toll free); www.dob.texas.gov.
   2. (2) You must provide the required notice in the language in which a transaction is conducted.
   3. (3) You must include the required notice with each privacy notice that you send out. The language and form of the notice must substantially conform to the required notice set out in paragraph (1) of this subsection.
   4. (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. (5) You must use the following measures to give the required notice:

      1. (A) You must give the required notice when the consumer first obtains a product or service from you. This may be accomplished by including the required notice in all prepaid funeral benefits contract forms in compliance with §25.3(j) of this title (relating to What Requirements Apply to a Non-Model Contract and Waiver).
      2. (B) Those portions of your website that offer consumer goods and services must contain access to the required notice. The language and form of the notice must substantially conform to the required notice set out in paragraph (1) of this subsection.

Source Note:The provisions of this §25.41 adopted to be effective January 3, 2002, 26 TexReg 10851; amended to be effective May 21, 2002, 27 TexReg 4325; amended to be effective November 4, 2010, 35 TexReg 9696.