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APPENDIX C to Part 1022—Model Forms for Opt-Out Notices

a. Although use of the model forms is not required, use of the model forms in this appendix (as applicable) complies with the requirement in section 624 of the Act for clear, conspicuous, and concise notices.
b. Certain changes may be made to the language or format of the model forms without losing the protection from liability afforded by use of the model forms. These changes may not be so extensive as to affect the substance, clarity, or meaningful sequence of the language in the model forms. Persons making such extensive revisions will lose the safe harbor that this appendix provides. Acceptable changes include, for example:
  • 1.
    Rearranging the order of the references to “your income,” “your account history,” and “your credit score.”
  • 2.
    Substituting other types of information for “income,” “account history,” or “credit score” for accuracy, such as “payment history,” “credit history,” “payoff status,” or “claims history.”
  • 3.
    Substituting a clearer and more accurate description of the affiliates providing or covered by the notice for phrases such as “the [ABC] group of companies,” including without limitation a statement that the entity providing the notice recently purchased the consumer’s account.
  • 4.
    Substituting other types of affiliates covered by the notice for “credit card,” “insurance,” or “securities” affiliates.
  • 5.
    Omitting items that are not accurate or applicable. For example, if a person does not limit the duration of the opt-out period, the notice may omit information about the renewal notice.
  • 6.
    Adding a statement informing consumers how much time they have to opt out before shared eligibility information may be used to make solicitations to them.
  • 7.
    Adding a statement that the consumer may exercise the right to opt out at any time.
  • 8.
    Adding the following statement, if accurate: “If you previously opted out, you do not need to do so again.”
  • 9.
    Providing a place on the form for the consumer to fill in identifying information, such as his or her name and address.
  • 10.
    Adding disclosures regarding the treatment of opt-outs by joint consumers to comply with section 1022.23(a)(2) of this part.
  • C-1
    Model Form for Initial Opt-out Notice (Single-Affiliate Notice)
  • C-2
    Model Form for Initial Opt-out Notice (Joint Notice)
  • C-3
    Model Form for Renewal Notice (Single-Affiliate Notice)
  • C-4
    Model Form for Renewal Notice (Joint Notice)
  • C-5
    Model Form for Voluntary “No Marketing” Notice

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