§160.14. Exceptions to notice and opt out requirements for processing and servicing transactions.
17 C.F.R. § 160.14
Exceptions for processing and servicing transactions at consumer's request. The requirements for initial notice in § 160.4(a)(2), for the opt out in §§ 160.7 and 160.10, and for initial notice in § 160.13 in connection with service providers and joint marketing, do not apply if you disclose nonpublic personal information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with:
Processing or servicing a financial product or service that a consumer requests or authorizes;
Maintaining or servicing the consumer's account with you, or with another entity as part of an extension of credit on behalf of such entity as part of a private label credit card program or other extension of credit on behalf of such entity; or
A proposed or actual securitization, secondary market sale or similar transaction related to a transaction of the consumer.
Necessary to effect, administer or enforce a transaction means that the disclosure is:
Required, or is one of the lawful or appropriate methods, to enforce your rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or
Required, or is a usual, appropriate or acceptable method—
To carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the consumer's account in the ordinary course of providing the financial service or financial product;
To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;
To provide a confirmation, statement or other record of the transaction, or information on the status or value of the financial service or financial product to the consumer or the consumer's agent or broker;
To accrue or recognize incentives or bonuses associated with the transaction that are provided by you or any other party;
In connection with—
The authorization, settlement, billing, processing, clearing, transferring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other payment card, check or account number, or by other payment means;
The transfer of receivables, accounts or interests therein; or
The audit of debit, credit or other payment information.
Notes, amendments, and revision history
Authority
Authority: 7 U.S.C. 7b-2 and 12a(5); 15 U.S.C 6801, et seq., and sec. 1093, Pub. L. 111-203, 124 Stat. 1376.
Source
Source: 66 FR 21252, Apr. 27, 2001, unless otherwise noted.