(i) The name of the affiliate(s) providing
the notice. If the notice is provided jointly by multiple affiliates
and each affiliate shares a common name, such as “ABC,” then the notice
may indicate that it is being provided by multiple companies with
the ABC name or multiple companies in the ABC group or family of companies,
for example, by stating that the notice is provided by “all of the
ABC companies,” “the ABC banking, credit card, insurance, and securities
companies,” or by listing the name of each affiliate providing the
notice. But if the affiliates providing the joint notice do not all
share a common name, then the notice must either separately identify
each affiliate by name or identify each of the common names used by
those affiliates, for example, by stating that the notice is provided
by “all of the ABC and XYZ companies” or by “the ABC banking and credit
card companies and the XYZ insurance companies;”
(ii) A list of the affiliates or types
of affiliates whose use of eligibility information is covered by the
notice, which may include companies that become affiliates after the
notice is provided to the consumer. If each affiliate covered by the
notice shares a common name, such as “ABC,” then the notice may indicate
that it applies to multiple companies with the ABC name or multiple
companies in the ABC group or family of companies, for example, by
stating that the notice is provided by “all of the ABC companies,”
“the ABC banking, credit card, insurance, and securities companies,”
or by listing the name of each affiliate providing the notice. But
if the affiliates covered by the notice do not all share a common
name, then the notice must either separately identify each covered
affiliate by name or identify each of the common names used by those
affiliates, for example, by stating that the notice applies to “all
of the ABC and XYZ companies” or to “the ABC banking and credit card
companies and the XYZ insurance companies;”
(iii) A general description of the types
of eligibility information that may be used to make solicitations
to the consumer;
(iv) That the consumer may elect to limit the use of eligibility
information to make solicitations to the consumer;
(v) That the consumer’s election will
apply for the specified period of time stated in the notice and, if
applicable, that the consumer will be allowed to renew the election
once that period expires;
(vi) If the notice is provided to consumers
who may have previously opted out, such as if a notice is provided
to consumers annually, that the consumer who has chosen to limit solicitations
does not need to act again until the consumer receives a renewal notice;
and
(vii) A reasonable
and simple method for the consumer to opt out.
(i) If two or more consumers jointly
obtain a product or service, a single opt-out notice may be provided
to the joint consumers. Any of the joint consumers may exercise the
right to opt out.
(ii) The opt-out notice must explain how an opt-out direction by
a joint consumer will be treated. An opt-out direction by a joint
consumer may be treated as applying to all of the associated joint
consumers, or each joint consumer may be permitted to opt out separately.
If each joint consumer is permitted to opt out separately, one of
the joint consumers must be permitted to opt out on behalf of all
of the joint consumers and the joint consumers must be permitted to
exercise their separate rights to opt out in a single response.
(iii) It is impermissible
to require all joint consumers to opt out before implementing any
opt-out direction.
