---
kind: "section"
citation: "12 C.F.R. § 1022.26"
title: "12"
number: "1022.26"
heading: "Delivery of opt-out notices."
url: "https://uscodex.org/cfr/12/1022.26"
---

# §1022.26. Delivery of opt-out notices.

- (a) **In general.** The opt-out notice must be provided so that each consumer can reasonably be expected to receive actual notice. For opt-out notices provided electronically, the notice may be provided in compliance with either the electronic disclosure provisions in this subpart or the provisions in [section 101](/cfr/12/101.md) of the Electronic Signatures in Global and National Commerce Act, [15 U.S.C. 7001](/usc/15/7001.md) et seq.
- (b) **Examples of reasonable expectation of actual notice.** A consumer may reasonably be expected to receive actual notice if the affiliate providing the notice:
  - (1) Hand-delivers a printed copy of the notice to the consumer;
  - (2) Mails a printed copy of the notice to the last known mailing address of the consumer;
  - (3) Provides a notice by email to a consumer who has agreed to receive electronic disclosures by email from the affiliate providing the notice; or
  - (4) Posts the notice on the Web site at which the consumer obtained a product or service electronically and requires the consumer to acknowledge receipt of the notice.
- (c) **Examples of no reasonable expectation of actual notice.** A consumer may not reasonably be expected to receive actual notice if the affiliate providing the notice:
  - (1) Only posts the notice on a sign in a branch or office or generally publishes the notice in a newspaper;
  - (2) Sends the notice via email to a consumer who has not agreed to receive electronic disclosures by email from the affiliate providing the notice; or
  - (3) **Posts the notice on a Web site without requiring the consumer to acknowledge receipt of the notice.**

## Notes

### 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.