---
kind: "section"
citation: "16 C.F.R. § 680.26"
title: "16"
number: "680.26"
heading: "Delivery of opt-out notices."
url: "https://uscodex.org/cfr/16/680.26"
---

# §680.26. 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 part or the provisions in [section 101](/cfr/16/101.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 e-mail to a consumer who has agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
  - (4) Posts the notice on the Internet 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 e-mail to a consumer who has not agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
  - (3) Posts the notice on an Internet Web site without requiring the consumer to acknowledge receipt of the notice.

## Notes

### Authority

Authority: 12 U.S.C. 5519(d); 15 U.S.C. 1681s-3; 15 U.S.C. 1681s-3 note.

### Source

Source: 72 FR 61455, Oct. 30, 2007, unless otherwise noted.