(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 222.21(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 an Internet website, 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 USC 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 an Internet website, to opt out solely by paper mail or by visiting
a different website 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.
