(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 USC
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 website 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 via 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 website without requiring the consumer
to acknowledge receipt of the notice.
