Texas Business and Commerce Code 541.053 – Appeal
Current as of: 2024 | Check for updates
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(a) A controller shall establish a process for a consumer to appeal the controller’s refusal to take action on a request within a reasonable period of time after the consumer’s receipt of the decision under § 541.052(c).
(b) The appeal process must be conspicuously available and similar to the process for initiating action to exercise consumer rights by submitting a request under § 541.051.
Terms Used In Texas Business and Commerce Code 541.053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A controller shall inform the consumer in writing of any action taken or not taken in response to an appeal under this section not later than the 60th day after the date of receipt of the appeal, including a written explanation of the reason or reasons for the decision.
(d) If the controller denies an appeal, the controller shall provide the consumer with the online mechanism described by § 541.152 through which the consumer may contact the attorney general to submit a complaint.
Text of section effective on July 01, 2024