(a) In general. You must not use eligibility information about a consumer that you
receive from an affiliate to make a 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 section 1022.21(a)(1)(ii) of this
part.
(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 a 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 privacy opt-out under the
Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., the
affiliate sharing opt-out under the Act, and the affiliate marketing opt-out
under the Act, 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;
(iii) Requiring the consumer who receives the opt-out notice in electronic
form only, such as through posting at a 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.
