(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
1022.21(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 a Web site 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 email where
the consumer has agreed to receive disclosures by email from the person
sending the notice. The consumer is given 30 days after the email
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 a Web site.
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.
