---
kind: "section"
citation: "17 C.F.R. § 162.9"
title: "17"
number: "162.9"
heading: "Renewal of opt out."
url: "https://uscodex.org/cfr/17/162.9"
---

# §162.9. Renewal of opt out.

- (a) **Renewal notice and opt-out requirement—**
  - (1) **In general.** Since the FCRA provides that opt-out elections can expire in a period of no less than five years, an affiliate that has or previously had a pre-existing business relationship with a consumer must provide a renewal notice to the consumer after such time in order to allow its affiliates to make solicitations. After the opt-out election period expires, its affiliates may make solicitations unless:
    - (i) The consumer has been given a renewal notice that complies with the requirements of this section and [§§ 162.6 through 162.8](/cfr/17/162.6..162.8.md) of this subpart, and a reasonable opportunity and a reasonable and simple method to renew the opt-out election, and the consumer does not renew the opt out; or
    - (ii) **An exception in Sec.** 162.3(c) of this subpart applies.
  - (2) **Renewal period.** Each opt-out renewal must be effective for a period of at least five years as provided in [§ 162.4(b)](/cfr/17/162.4.md?p=b) of this subpart.
  - (3) **Affiliates who may provide the renewal notice.** The notice required by this paragraph must be provided:
    - (i) By the affiliate that provided the previous opt-out notice, or its successor; or
    - (ii) As part of a joint renewal notice from two or more members of an affiliated group of companies, or their successors, that jointly provided the previous opt-out notice.
- (b) **Contents of renewal or extension notice.** The contents of the renewal notice must include all of the same contents of the initial notices, but also must include:
  - (1) A statement that the consumer previously elected to limit the use of certain information to make solicitations to the consumer;
  - (2) A statement that the consumer may elect to renew the consumer's previous election; and
  - (3) If applicable, a statement that the consumer's election to renew will apply for a specified period of time stated in the notice and that the consumer will be allowed to renew the election once that period expires.
- (c) **Timing of renewal notice.** Renewal notices must be provided in a reasonable period of time before the expiration of the opt-out election period or any time after the expiration of the opt-out period, but before solicitations that would have been prohibited by the expired opt-out election are made to the consumer.
- (d) **No effect on opt-out period.** An opt-out period may not be shortened by sending a renewal notice to the consumer before the expiration of the opt-out period, even if the consumer does not renew the opt-out election.

## Notes

### Authority

Authority: Sec. 1088, Pub. L. 111-203; 124 Stat. 1376 (2010).

### Source

Source: 76 FR 43884, July 22, 2011, unless otherwise noted.