(a) Renewal notice and opt-out requirement.
(1) In general. After the opt-out period expires, you may not make solicitations
based on eligibility information you receive from an affiliate to
a consumer who previously opted out, unless—
(i) the consumer has
been given a renewal notice that complies with the requirements of
this section and sections 222.24 through 222.26 of this part, and
a reasonable opportunity and a reasonable and simple method to renew
the opt-out, and the consumer does not renew the opt-out; or
(ii) an exception in section
222.21(c) of this part applies.
(2) Renewal period. Each opt-out renewal must be effective for a period of at least
five years as provided in section 222.22(b) of this part.
(3) Affiliates who may provide the notice. The notice required by
this paragraph must be provided—
(i) by the affiliate that
provided the previous opt-out notice, or its successor; or
(ii) as part of a joint
renewal notice from two or more members of an affiliated group of
companies, or their successors, that jointly provided the previous
opt-out notice.
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(b) Contents of renewal notice. The renewal
notice must be clear, conspicuous, and concise, and must accurately
disclose—
(1) 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”;
(2) 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”;
(3) a general description of the types
of eligibility information that may be used to make solicitations
to the consumer;
(4)
that the consumer previously elected to limit the use of certain information
to make solicitations to the consumer;
(5) that the consumer’s election has expired
or is about to expire;
(6) that the consumer may elect to renew the consumer’s previous
election;
(7) if applicable,
that the consumer’s election to renew will apply for the specified
period of time stated in the notice and that the consumer will be
allowed to renew the election once that period expires; and
(8) a reasonable and simple
method for the consumer to opt out.
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(c) Timing of the renewal notice.
(1) In general. A renewal notice may be provided to the consumer
either—
(i) a reasonable period of time before
the expiration of the opt-out period; or
(ii) any time after the expiration of
the opt-out period but before solicitations that would have been prohibited
by the expired opt-out are made to the consumer.
(2) Combination with annual privacy notice. If you provide an annual privacy notice under the Gramm-Leach-Bliley
Act, 15 USC 6801 et seq., providing a renewal notice with the last
annual privacy notice provided to the consumer before expiration of
the opt-out period is a reasonable period of time before expiration
of the opt-out in all cases.
(d) No effect on opt-out period. An opt-out
period may not be shortened by sending a renewal notice to the consumer
before expiration of the opt-out period, even if the consumer does
not renew the opt out.