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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES |
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Chapter 1306. IDENTITY RECOVERY SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS |
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Subchapter C. PRACTICE BY IDENTITY RECOVERY SERVICE CONTRACT PROVIDERS, ADMINISTRATORS, AND SELLERS |
Sec. 1306.109. CANCELLATION BY A PROVIDER; REFUND
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(a) A provider may cancel an identity recovery service contract by mailing a written notice of cancellation to the identity recovery service contract holder at the identity recovery service contract holder's last known address according to the records of the provider. The provider must mail the notice before the fifth day preceding the effective date of the cancellation. The notice must state the effective date of the cancellation and the reason for the cancellation.
(b) The provider is not required to provide prior notice of cancellation if the identity recovery service contract is canceled because of:
(1) nonpayment of the consideration for the contract;
(2) fraud or a material misrepresentation by the identity recovery service contract holder to the provider or the provider's administrator; or
(3) a substantial breach of a duty by the identity recovery service contract holder.
(c) An identity recovery service contract holder whose contract is canceled by the provider in accordance with this section is entitled to a prorated refund of the purchase price of the contract reflecting the remaining term of the contract, based on mileage, time, or another reasonably applicable measure of the remaining term that must be disclosed in the contract, decreased by the amount of any claims paid under the contract. A provider who cancels a contract under this section may not impose a cancellation fee.