| (a) The provider must clearly and conspicuously identify
itself on all written identity recovery service contracts and on all
written advertising materials that are used by the provider, its administrator(s),
or its seller(s).
(b) The provider and/or any administrator appointed
by the provider must provide identity recovery service contract holders
with a notification that meets all of the following requirements.
(1) The notification must provide the name, mailing
address, and telephone number of the department.
(2) The notification must contain a statement that
unresolved complaints concerning identity recovery service contract
providers or administrators or questions concerning the regulation
of identity recovery service contract providers and administrators
may be addressed to the department.
(3) The notification must be included on all written
identity recovery service contracts. The notification may be stamped
on the contract or printed on a separate sheet and stapled to the
contract.
(c) The provider and/or any administrator appointed
by the provider must provide identity recovery service contract holders
with the provider's complaint resolution procedures.
(d) The provider and/or any administrator appointed
by the provider must disclose the following information to identity
recovery service contract holders in writing and in clear understandable
language that is easy to read:
(1) the person or persons who are covered under the
identity recovery service contract;
(2) the price of the identity recovery service contract
separate from the purchase price of the automobile and any other products
or services that are financed with the vehicle;
(3) the term of the identity recovery service contract;
(4) any conditions that may change the stated term
of the identity recovery service contract, including if the identity
recovery service contract holder:
(A) pays off the automobile early;
(B) makes late payments or defaults on the payments
on the automobile;
(C) refinances the automobile; or
(D) sells or transfers title to the automobile;
(5) all required disclosures in accordance with Texas
Occupations Code §1306.106;
(6) any exclusions, limitations, conditions or restrictions
regarding the scope of services, cancellation, or transferability
of the identity recovery service contract in accordance with Texas
Occupations Code §1306.106;
(7) the procedures and timeframes for an identity recovery
service contract holder to cancel an identity recovery service contract
in accordance with Texas Occupations Code §1306.1081;
(8) the procedures and timeframes for a provider to
refund the purchase price of the identity recovery service contract
and pay any applicable penalty to the identity recovery service contract
holder in accordance with Texas Occupations Code §1306.1081;
and
(9) the conditions in which the provider may cancel
an identity recovery service contract and issue a refund in accordance
with Texas Occupations Code §1306.109.
(e) If not provided by the seller at the time of the
sales, the provider and/or any administrator appointed by the provider
must provide a copy of the identity recovery service contract to the
identity recovery service contract holder within a reasonable amount
time after the date of purchase that still allows the service contract
holder the opportunity to cancel the contract and receive a full refund.
(f) If not provided by the seller at the time of the
sales, the provider and/or any administrator appointed by the provider
must provide a receipt for or other written evidence of the purchase
of an identity recovery service contract to the identity recovery
service contract holder within a reasonable amount time after the
date of purchase that still allows the service contract holder the
opportunity to cancel the contract and receive a full refund.
(g) A provider shall report to the department within
30 days any change in information required by §90.20 and §90.21.
(h) An administrator shall report to the department
within 30 days any change in information required by §90.23 and §90.24.
(i) Upon notification by the department, the provider
and/or any administrator appointed by the provider shall allow the
department to audit records required to be maintained by Texas Occupations
Code Chapter 1306. These records include copies of the identity recovery
service contracts marketed, sold, administered or issued in this state.
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