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Notes

17 C.F.R. §§ 248.124–248.126

3 sections in range

§248.124. Reasonable opportunity to opt out.

17 C.F.R. § 248.124

(a)
In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by § 248.121(a)(1)(ii).
(b)
Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if:
(1)
By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.
(2)
By electronic means.
(i)
The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.
(ii)
The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.
(3)
At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.
(4)
At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a “yes” or “no” to indicate their opt out preference or that requires the consumer to check one of two blank check boxes—one that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.
(5)
By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.
Notes, amendments, and revision history

Source

Source: 74 FR 40431, Aug. 11, 2009, unless otherwise noted.

Authority

Authority: 15 U.S.C. 78q, 78q-1, 78 o- 4, 78 o- 5, 78w, 78mm, 80a-30, 80a-37, 80b-4, 80b-11, 1681m(e), 1681s(b), 1681s-3 and note, 1681w(a)(1), 6801-6809, and 6825; Pub. L. 111-203, secs. 1088(a)(8), (a)(10), and sec. 1088(b), 124 Stat. 1376 (2010).

Source

Source: 65 FR 40362, June 29, 2000, unless otherwise noted.

§248.125. Reasonable and simple methods of opting out.

17 C.F.R. § 248.125

(a)
In general. You must not use eligibility information about a consumer that you receive from an affiliate to make a marketing 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 § 248.121(a)(1)(ii).
(b)
Examples—
(1)
Reasonable and simple opt out methods. Reasonable and simple methods for exercising the opt out right include:
(i)
Designating a check-off box in a prominent position on the opt out form;
(ii)
Including a reply form and a self-addressed envelope together with the opt out notice;
(iii)
Providing an electronic means to opt out, such as a form that can be electronically mailed or processed at an Internet Web site, if the consumer agrees to the electronic delivery of information;
(iv)
Providing a toll-free telephone number that consumers may call to opt out; or
(v)
Allowing consumers to exercise all of their opt out rights described in a consolidated opt out notice that includes the GLBA privacy, FCRA affiliate sharing, and FCRA affiliate marketing opt outs, by a single method, such as by calling a single toll-free telephone number.
(2)
Opt out methods that are not reasonable and simple. Reasonable and simple methods for exercising an opt out right do not include:
(i)
Requiring the consumer to write his or her own letter;
(ii)
Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt out notice; or
(iii)
Requiring the consumer who receives the opt out notice in electronic form only, such as through posting at an Internet Web site, to opt out solely by paper mail or by visiting a different Web site without providing a link to that site.
(c)
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

Source

Source: 74 FR 40431, Aug. 11, 2009, unless otherwise noted.

Authority

Authority: 15 U.S.C. 78q, 78q-1, 78 o- 4, 78 o- 5, 78w, 78mm, 80a-30, 80a-37, 80b-4, 80b-11, 1681m(e), 1681s(b), 1681s-3 and note, 1681w(a)(1), 6801-6809, and 6825; Pub. L. 111-203, secs. 1088(a)(8), (a)(10), and sec. 1088(b), 124 Stat. 1376 (2010).

Source

Source: 65 FR 40362, June 29, 2000, unless otherwise noted.

§248.126. Delivery of opt out notices.

17 C.F.R. § 248.126

(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 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, 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 by 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, amendments, and revision history

Source

Source: 74 FR 40431, Aug. 11, 2009, unless otherwise noted.

Authority

Authority: 15 U.S.C. 78q, 78q-1, 78 o- 4, 78 o- 5, 78w, 78mm, 80a-30, 80a-37, 80b-4, 80b-11, 1681m(e), 1681s(b), 1681s-3 and note, 1681w(a)(1), 6801-6809, and 6825; Pub. L. 111-203, secs. 1088(a)(8), (a)(10), and sec. 1088(b), 124 Stat. 1376 (2010).

Source

Source: 65 FR 40362, June 29, 2000, unless otherwise noted.