Affiliate marketing opt-out and exceptions.

CFR · 2024-01-01 · US · Title 12

(a) (i) It is clearly and conspicuously disclosed to the consumer in writing or, if the consumer agrees, electronically, in a concise notice that you may use eligibility information about that consumer received from an affiliate to make solicitations for marketing purposes to the consumer; (ii) The consumer is provided a reasonable opportunity and a reasonable and simple method to “opt out,” or prohibit you from using eligibility information to make solicitations for marketing purposes to the consumer; and (iii) The consumer has not opted out. (2) (3) (i) By an affiliate that has or has previously had a pre-existing business relationship with the consumer; or (ii) As part of a joint notice from two or more members of an affiliated group of companies, provided that at least one of the affiliates on the joint notice has or has previously had a pre-existing business relationship with the consumer. (b) (i) You receive eligibility information from an affiliate; (ii) You use that eligibility information to do one or more of the following: (A) Identify the consumer or type of consumer to receive a solicitation; (B) Establish criteria used to select the consumer to receive a solicitation; or (C) Decide which of your products or services to market to the consumer or tailor your solicitation to that consumer; and (iii) As a result of your use of the eligibility information, the consumer is provided a solicitation. (2) (3) (4) (i) Uses its own eligibility information that it obtained in

official document · source cfr-2024 · id 12:§ 222.21