§1022.25. Reasonable and simple methods of opting out.
12 C.F.R. § 1022.25
In general. You must not use eligibility information about a consumer that you receive from an affiliate to make a solicitation to the consumer about your products or services, unless the consumer is provided a reasonable and simple method to opt out, as required by § 1022.21(a)(1)(ii) of this part.
Examples—
Reasonable and simple opt-out methods. Reasonable and simple methods for exercising the opt-out right include:
Designating a check-off box in a prominent position on the opt-out form;
Including a reply form and a self-addressed envelope together with the opt-out notice;
Providing an electronic means to opt out, such as a form that can be electronically mailed or processed at a Web site, if the consumer agrees to the electronic delivery of information;
Providing a toll-free telephone number that consumers may call to opt out; or
Allowing consumers to exercise all of their opt-out rights described in a consolidated opt-out notice that includes the privacy opt-out under the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., the affiliate sharing opt-out under the Act, and the affiliate marketing opt-out under the Act, by a single method, such as by calling a single toll-free telephone number.
Opt-out methods that are not reasonable and simple. Reasonable and simple methods for exercising an opt-out right do not include—
Requiring the consumer to write his or her own letter;
Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt-out notice;
Requiring the consumer who receives the opt-out notice in electronic form only, such as through posting at a Web site, to opt out solely by paper mail or by visiting a different Web site without providing a link to that site.
Specific opt-out means. Each consumer may be required to opt out through a specific means, as long as that means is reasonable and simple for that consumer.
Notes, amendments, and revision history
Authority
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1681a, 1681b, 1681c, 1681c-1, 1681c-3, 1681e, 1681g, 1681i, 1681j, 1681m, 1681s, 1681s-2, 1681s-3, and 1681t; Sec. 214, Pub. L. 108-159, 117 Stat. 1952.
Source
Source: 76 FR 79312, Dec. 21, 2011, unless otherwise noted.