(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 opportunity to opt out, as required by section
222.21(a)(1)(ii) of this part.
(b) Examples of a reasonable opportunity to opt
out. The consumer is given a reasonable opportunity to opt out
if:
(1) By mail. The opt-out notice is mailed to the consumer. The consumer
is given 30 days from the date the notice is mailed to elect to opt
out by any reasonable means.
(2) By electronic
means.
(i) The opt-out notice is provided electronically
to the consumer, such as by posting the notice at an Internet website
at which the consumer has obtained a product or service. The consumer
acknowledges receipt of the electronic notice. The consumer is given
30 days after the date the consumer acknowledges receipt to elect
to opt out by any reasonable means.
(ii) The opt-out notice is provided
to the consumer by e-mail where the consumer has agreed to receive
disclosures by e-mail from the person sending the notice. The consumer
is given 30 days after the e-mail is sent to elect to opt out by any
reasonable means.
(3) At the time
of an electronic transaction. The opt-out notice is provided
to the consumer at the time of an electronic transaction, such as
a transaction conducted on an Internet website. The consumer is required
to decide, as a necessary part of proceeding with the transaction,
whether to opt out before completing the transaction. There is a simple
process that the consumer may use to opt out at that time using the
same mechanism through which the transaction is conducted.
(4) At the time of an in-person transaction. The opt-out notice
is provided to the consumer in writing at the time of an in-person
transaction. The consumer is required to decide, as a necessary part
of proceeding with the transaction, whether to opt out before completing
the transaction, and is not permitted to complete the transaction
without making a choice. There is a simple process that the consumer
may use during the course of the in-person transaction to opt out,
such as completing a form that requires consumers to write a “yes”
or “no” to indicate their opt-out preference or that requires the
consumer to check one of two blank check boxes—one that allows consumers
to indicate that they want to opt out and one that allows consumers
to indicate that they do not want to opt out.
(5) By including
in a privacy notice. The opt-out notice is included in a Gramm-Leach-Bliley
Act privacy notice. The consumer is allowed to exercise the opt-out
within a reasonable period of time and in the same manner as the opt-out
under that privacy notice.
