(a) In general. The opt-out notice must be provided so that each
consumer can reasonably be expected to receive actual notice. For
opt-out notices provided electronically, the notice may be provided
in compliance with either the electronic disclosure provisions in
this subpart or the provisions in section 101 of the Electronic Signatures
in Global and National Commerce Act, 15 U.S.C. 7001 et seq.
(b) Examples of reasonable
expectation of actual notice. A consumer may reasonably be expected
to receive actual notice if the affiliate providing the notice:
(1) Hand-delivers a printed
copy of the notice to the consumer;
(2) Mails a printed copy of the notice
to the last known mailing address of the consumer;
(3) Provides a notice by email to a consumer
who has agreed to receive electronic disclosures by email from the
affiliate providing the notice; or
(4) Posts the notice on the Web site at
which the consumer obtained a product or service electronically and
requires the consumer to acknowledge receipt of the notice.
(c) Examples of no reasonable
expectation of actual notice. A consumer may not reasonably be
expected to receive actual notice if the affiliate providing the notice:
(1) Only posts the notice on a sign in
a branch or office or generally publishes the notice in a newspaper;
(2) Sends the notice via
email to a consumer who has not agreed to receive electronic disclosures
by email from the affiliate providing the notice; or
(3) Posts the notice on a Web site without
requiring the consumer to acknowledge receipt of the notice.
