(a) General prohibition on disclosure of account numbers. You must
not, directly or through an affiliate, disclose, other than to a consumer
reporting agency, an account number or similar form of access number
or access code for a consumer’s credit card account, deposit account,
share account, or transaction account to any nonaffiliated third party
for use in telemarketing, direct mail marketing, or other marketing
through electronic mail to the consumer.
(b) Exceptions. Paragraph (a) of this section
does not apply if you disclose an account number or similar form of
access number or access code:
(1) To your agent or service provider solely
in order to perform marketing for your own products or services, as
long as the agent or service provider is not authorized to directly
initiate charges to the account; or
(2) To a participant in a private label
credit card program or an affinity or similar program where the participants
in the program are identified to the customer when the customer enters
into the program.
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(c) Examples.
(1) Account number. An account number, or similar form of access number or access code,
does not include a number or code in an encrypted form, as long as
you do not provide the recipient with a means to decode the number
or code.
(2) Transaction account. A transaction account
is an account other than a deposit account, a share account, or a
credit card account. A transaction account does not include an account
to which third parties cannot initiate charges.
