I. INTRODUCTION
The federal banking agencies have issued final rules implementing the provisions of Section 214 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which amends the Fair Credit Reporting Act. The final rules generally prohibit a person from using information received from an affiliate to make a solicitation for marketing purposes to a consumer, unless the consumer is given notice and a reasonable opportunity and a reasonable and simple method to opt-out of the making of such a solicitation. The final rules became effective on January 1, 2008, with a mandatory compliance date of October 1, 2008.
Section 214 of the FACT Act provides a consumer with the ability to limit the circumstances under which an affiliated institution may use certain information received from another affiliate to market to the consumer. Defined as “eligibility information” in the rule, this information includes a person’s own transaction and experience information, such as account history, and other information, such as data gathered from consumer reports or applications.
An affiliate that receives eligibility information may not use it to market to the consumer until the consumer:
· Has been provided with a notice that explains that the information may be transferred among affiliates for marketing purposes;
· Has been provided with a reasonable opportunity and a simple method by which to opt-out; and
· Has not opted out within the time period provided in the notice
The notice described above is not required in certain circumstances, such as when an affiliate never uses the information it receives to market to consumers, or when the receiving affiliate has a pre-existing business relationship with the consumer. The opt-out notice is also not required where the marketing affiliate: (1) already provides benefits to the consumer under an employee benefit plan; (2) responds to a communication initiated by the consumer; or (3) responds to an affirmative authorization or request by the consumer. The notice is required to be clear, conspicuous, and concise. The method by which a consumer may opt-out must be simple. In addition, the opt-out must be effective for a period of at least five years. A consumer who elects to opt-out is entitled to a subsequent notice and opportunity to extend the opt-out for at least an additional five years before any receiving affiliate may use information about the consumer for marketing purposes following the expiration of any opt-out period.
The disclosures required by Section 214 of the FACT Act may be combined with any other disclosures required by law, including the privacy disclosures required by Title V of the Gramm-Leach-Bliley Act.
II. KEY DEFINITIONS
An understanding of the following defined terms is important in maintaining compliance with the affiliate marketing notice requirements.
A. Clear and Conspicuous
The term “clear and conspicuous” means reasonably understandable and designed to call attention to the nature and significance of the information presented. The final rules contain two types of specific guidance on satisfying the requirement to provide a clear and conspicuous opt-out notice. A notice or disclosure may be made reasonably understandable through various methods that include:
i. Using clear and concise sentences, paragraphs, and sections;
ii. Using short explanatory sentences;
iii. Using bullet lists;
iv. Using definite, concrete, every day words;
v. Using active voice;
vi. Avoiding multiple negative;
vii. Avoiding legal and highly technical business terminology; and
viii. Avoiding explanations that are imprecise and that are readily subject to different interpretations.
In addition, a notice or disclosure may be designed to call attention to the nature and significance of the information in it through various methods that include: using a plain-language heading; using a type face and type size that are easy to read; using wide margins and ample line spacing; and using bold face or italics for key words. When a notice or disclosure is combined with other information, methods for designing the notice or disclosure to call attention to the nature and significance of the information in it may include using distinctive type sizes, styles, fonts, paragraphs, headings, graphic devices, and appropriate groupings of information. The agencies have adopted model forms (See, Appendices A-E) that may, but are not required to, be used to facilitate compliance with the affiliate marketing notice requirements. The requirement for clear and conspicuous notices would be satisfied by the appropriate use of one of the model forms.
B. Concise
The term “concise” means a reasonably brief expression or statement. Once again the requirement for a concise notice is satisfied by the appropriate use of one of the model forms.
C. Eligibility Information
The term “eligibility information” means any information the communication of which would be a consumer report if the exclusions from the definition of “consumer report” in Section 603(d)(2)(A) of the Act did not apply. Eligibility information does not include aggregate or blind data that does not contain personal identifiers such as account numbers, name, or addresses.
D. Pre-existing Business Relationship
The term “pre-existing business relationship” means a relationship between a person, or a person’s licensed agent, and a consumer based on:
1. A financial contract between the person and the consumer which is in force on the date on which the consumer is sent a solicitation covered by this subpart;
2. The purchase, rental, or lease by the consumer of the person's goods or services, or a financial transaction (including holding an active account or a policy in force or having another continuing relationship) between the consumer and the person, during the 18-month period immediately preceding the date on which the consumer is sent a solicitation covered by this subpart; or
3. An inquiry or application by the consumer regarding a product or service offered by that person during the three-month period immediately preceding the date on which the consumer is sent a solicitation covered by this subpart.
4. The final rule provides multiple examples regarding the presence of or absence of a “pre-existing business relationship” (See, Section 334.20(4)(ii)(A-G) and Section 334.20(4)(iii)(A-C))
E. Solicitation
The term “solicitation” means the marketing of a product or service initiated by a person to a particular consumer that is:
1. Based on eligibility information communicated to that person by its affiliate; and
2. Intended to encourage the consumer to purchase or obtain such product or service.
A solicitation would include, for example, a telemarketing call, direct mail, e-mail, or other form of marketing communication directed to a particular consumer that is based on eligibility information received from another affiliate. A solicitation, however, does not include marketing communications that are directed at the general public, such as television, general circulation magazine, and billboard advertisements, even if those communications are intended to encourage consumers to purchase products and services from the person initiating the communications.
III. Affiliate Marketing opt-out and exceptions
A. Initial Notice and Opt-Out Requirement
Eligibility information about a consumer that is received from an affiliate may not be used to make a solicitation for marketing purposes to the consumer, unless:
1. 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;
2. 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
3. The consumer has not opted out.
B. Affiliates Who May Provide the Notice
The notice required by this paragraph must be provided:
1. By an affiliate that has or has previously had a pre-existing business relationship with the consumer; or 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.
C. Making Solicitations
A solicitation for marketing purposes is made if:
1. You receive eligibility information from an affiliate;
2. 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
3. As a result of your use of the eligibility information, the consumer is provided a solicitation.
An institution is deemed to have received eligibility information from an affiliate when the affiliate places that information into a common database that the affiliate may access. The institution is also deemed to have received or used an affiliate’s eligibility information if a service provider acting on its behalf (whether an affiliate or a non-affiliated third party) receives or uses that information in the course of making a solicitation for marketing purposes. An institution does not make a solicitation if its affiliate uses its own eligibility information that it obtained in connection with a pre-existing business relationship it has or had with the consumer to market the institution’s products or services to the consumer. Under the same circumstances, no solicitation exists if the institution’s affiliate directs its services provider to use the affiliate’s own eligibility information it obtained in connection with a pre-existing business relationship it has or had with the consumer to market the institution’s products or services to the consumer, and the institution does not communicate directly with the service provider regarding that use of the eligibility information.
An institution also does not make a solicitation if a service provider (including an affiliated third-party service provider that maintains or accesses a common database that the person may access) receives eligibility information from the institution’s affiliate that the institution’s affiliate obtained in connection with a pre-existing business relationship it has or had with the consumer and uses that eligibility information to market the institution’s products or services to the consumer, provided each of the following five conditions are met:
1. Your affiliate controls access to and use of its eligibility information by the service provider (including the right to establish the specific terms and conditions under which the service provider may use such information to market your products or services);
2. Your affiliate establishes specific terms and conditions under which the service provider may access and use the affiliate’s eligibility information to market your products and services (or those of affiliates generally) to the consumer, such as the identity of the affiliated companies whose products or services may be marketed to the consumer by the service provider, the types of products or services of affiliated companies that may be marketed, and the number of times the consumer may receive marketing materials, and periodically evaluates the service provider's compliance with those terms and conditions;
3. Your affiliate requires the service provider to implement reasonable policies and procedures designed to ensure that the service provider uses the affiliate’s eligibility information in accordance with the terms and conditions established by the affiliate relating to the marketing of your products or services;
4. Your affiliate is identified on or with the marketing materials provided to the consumer; and
5. You do not directly use your affiliate’s eligibility information in the manner described in paragraph (C)(2)(A-C) above.
The requirements of paragraphs 1 and 3 immediately above and the specific terms and conditions established by the affiliate pursuant to paragraph 2 immediately above must be set forth in a written agreement between the affiliate and the service provider. The final rule sets forth multiple examples of “making solicitations” under Section 334.21(6)(i-vi).
D. Exceptions to Affiliate Marketing Notice and Opt-Out Requirement
The affiliate marketing notice and opt-out requirements do not apply if an institution uses eligibility information received from an affiliate:
1. To make a solicitation for marketing purposes to a consumer with whom you have a pre-existing business relationship (pre-existing business relationship exception);
2. To facilitate communications to an individual for whose benefit you provide employee benefit or other services pursuant to a contract with an employer related to and arising out of the current employment relationship or status of the individual as a participant or beneficiary of an employee benefit plan (employee benefit plan exception);
3. To perform services on behalf of an affiliate, except that this subparagraph shall not be construed as permitting you to send solicitations on behalf of an affiliate if the affiliate would not be permitted to send the solicitation as a result of the election of the consumer to opt out under this subpar (service provider exception);
4. In response to a communication about your products or services initiated by the consumer (consumer-initiated communication exception);
5. In response to an authorization or request by the consumer to receive solicitations (consumer authorization or request exception); or if your compliance with this subpart would prevent you from complying with any provision of State insurance laws pertaining to unfair discrimination in any State in which you are lawfully doing business (compliance with applicable laws exception).
6. Examples of the exceptions from the affiliate marketing notice and opt-out requirements are set forth in 344.21(D)(i-iv) of the final rules. Nothing under the affiliate marketing notice and opt-out requirements limits the responsibility of an institution to comply with the affiliate sharing notice and opt-out requirements under Section 603(d)(2)(A)(iii) of the Fair Credit Reporting Act.
IV. SCOPE AND DURATION OF opt-out
A consumer’s election to opt-out prohibits any affiliate covered by the opt-out notice from using eligibility information received from another affiliate as described in the notice to make solicitations to the consumer.
A. Continuing Relationship
If the consumer establishes a continuing relationship with you or your affiliate, an opt-out notice may apply to eligibility information obtained in connection with:
· A single continuing relationship or multiple continuing relationships that the consumer establishes with you or your affiliates, including continuing relationships established subsequent to delivery of the opt-out notice, so long as the notice adequately describes the continuing relationships covered by the opt-out; or
· Any other transaction between the consumer and you or your affiliates as described in the notice.
1. Examples of continuing relationships.
A consumer has a continuing relationship with you or your affiliate if the consumer:
a. Opens a deposit or investment account with you or your affiliate;
b. Obtains a loan for which you or your affiliate owns the servicing rights;
c. Purchases an insurance product from you or your affiliate;
d. Holds an investment product through you or your affiliate, such as when you act or your affiliate acts as a custodian for securities or for assets in an individual retirement arrangement;
e. Enters into an agreement or understanding with you or your affiliate whereby you or your affiliate undertakes to arrange or broker a home mortgage loan for the consumer;
f. Enters into a lease of personal property with you or your affiliate; or
g. Obtains financial, investment, or economic advisory services from you or your affiliate for a fee.
B. No Continuing Relationship
If there is no continuing relationship between a consumer and you or your affiliate, and you or your affiliate obtain eligibility information about a consumer in connection with a transaction with the consumer, such as an isolated transaction or a credit application that is denied, an opt-out notice provided to the consumer only applies to eligibility information obtained in connection with that transaction.
1. Examples of isolated transactions.
An isolated transaction occurs if:
a. The consumer uses your or your affiliate’s ATM to withdraw cash from an account at another financial institution; or
b. You or your affiliate sells the consumer a cashier’s check or money order, airline tickets, travel insurance, or traveler’s checks in isolated transactions.
C. Menu of Alternatives
A consumer may be given the opportunity to choose from a menu of alternatives when electing to prohibit solicitations, such as by electing to prohibit solicitations from certain types of affiliates covered by the opt-out notice but not other types of affiliates covered by the notice, electing to prohibit solicitations based on certain types of eligibility information but not other types of eligibility information, or electing to prohibit solicitations by certain methods of delivery but not other methods of delivery. However, one of the alternatives must allow the consumer to prohibit all solicitations from all of the affiliates that are covered by the notice.
D. Special Rule for a Notice Following Termination of all Continuing Relationships
A consumer must be given a new opt-out notice if, after all continuing relationships with you or your affiliate(s) are terminated, the consumer subsequently establishes another continuing relationship with you or your affiliate(s) and the consumer’s eligibility information is to be used to make a solicitation. The new opt-out notice must apply, at a minimum, to eligibility information obtained in connection with the new continuing relationship. The consumer’s decision not to opt out after receiving the new opt-out notice would not override a prior opt-out election by the consumer that applies to eligibility information obtained in connection with a terminated relationship, regardless of whether the new opt-out notice applies to eligibility information obtained in connection with the terminated relationship.
E. Duration of Opt-Out
The election of a consumer to opt out must be effective for a period of at least five years (the “opt-out period”) beginning when the consumer’s opt-out election is received and implemented, unless the consumer subsequently revokes the opt-out in writing or, if the consumer agrees, electronically. An opt-out period of more than five years may be established, including an opt-out period that does not expire unless revoked by the consumer. A consumer may opt-out at any time.
V. Contents of opt-out notice
The opt-out notice must be clear, conspicuous, and concise, and must accurately disclose:
1. The name of the affiliate(s) providing the notice.
2. A list of the affiliates or type 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.
3. A general description of the types of eligibility information that may be used to make solicitations to the consumer;
4. That the consumer may elect to limit the use of eligibility information to make solicitations to the consumer;
5. That the consumer’s election will apply for the specified period of time stated in the notice and, if applicable, that the consumer will be allowed to renew the election once that period expires;
6. If the notice is provided to consumers who may have previously opted out, such as if a notice if provided to consumer annually, that the consumer who has chosen to limit solicitations does not need to act again until the consumer receives a renewal notice; and
7. A reasonable and simple method for the consumer to opt out.
A. Joint Relationships
1. If two or more consumers jointly obtain a product or service, a single opt-out notice may be provided to the joint consumers. Any of the joint consumers may exercise the right to opt out;
2. The opt-out notice must explain how an opt-out direction by a joint consumer will be treated. An opt-out direction by a joint consumer may be treated as applying to all of the associated joint consumers, or each joint consumer may be permitted to opt-out separately. If each joint consumer is permitted to opt-out separately, one of the joint consumers must be permitted to opt-out on behalf of all of the joint consumers and the joint consumers must be permitted to exercise their separate rights to opt-out in a single response;
3. It is impermissible to require all joint consumers to opt-out before implementing any opt-out direction.
B. Coordinated and Consolidated Notices
A notice required by this subpart may be coordinated and consolidated with any other notice or disclosure required to be issued under any other provision of law by the entity providing the notice, including but not limited to the notice described in Section 603(d)(2)(A)(iii) of the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act privacy notice.
C. Reasonable Opportunity to Opt-Out
Eligibility information received from an affiliate may not be used to make a solicitation to the consumer about the institutions products or services, unless the consumer is provided a reasonable opportunity to opt-out. If the consumer is deemed to have been 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:
a. The opt-out notice is provided electronically to the consumer, such as by posting the notice at an Internet 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 the elect to opt-out by any reasonable means.
b. The opt-out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail 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 an Internet 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.
D. Reasonable and Simple Methods of Opting Out
Eligibility information about a consumer received from an affiliate may not be used by an institution to make a solicitation to the consumer about the institution’s products or services unless the consumer is provided a reasonable and simple method to opt-out. Reasonable and simple methods for exercising the opt-out right include:
1. Designating a check-off box in a prominent position on the opt-out form.
2. Including a reply form and a self-addressed envelope together with the opt-out notice;
3. Providing an electronic means to opt-out, such as a form that can be electronically mailed or processed at an Internet Web site, if the consumer agrees to the electronic delivery of information;
4. Providing a toll-free telephone number that consumers may call to opt-out;
5. Allowing consumers to exercise all of the opt-out rights described in a consolidated opt-out notice that includes the privacy opt-out under the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., the affiliate sharing opt-out under the Act, and the affiliate marketing opt-out under the Act, by a single method, such as by calling a single toll-free telephone number.
Reasonable and simple methods for exercising an opt-out right do not include:
1. Requiring the consumer to write his or her own letter;
2. Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt-out notice;
3. Requiring the consumer who receives the opt-out notice in electronic form only, such as through posting at an Internet Web site, to opt-out solely by paper mail or by visiting a different Web site without providing a link to that site.
E. Delivery of Opt-Out Notices
The opt-out notice must be provided so that each consumer can reasonably be expected to receive 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 e-mail to a consumer who has agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
4. Posts the notice on the Internet Web site at which the consumer obtained a product or service electronically and requires the consumer to acknowledge receipt of the 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 e-mail to a consumer who has not agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
3. Posts the notice on an Internet Web site without requiring the consumer to acknowledge receipt of the notice.
F. Renewal of Opt-Out Notices
After the opt-out period expires, an institution may not make solicitations based on eligibility information received from an affiliate to a consumer who previously opted out, unless:
1. The consumer has been given a renewal notice that complies with the requirements of the original notice, 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
2. An exception to providing the initial opt-out notice applies.
Each opt-out renewal must be effective for a period of at least five years.
G. Affiliates who May Provide the Renewal Opt-Out Notice
The renewal opt-out notice must be provided:
1. By the affiliate that provided the previous opt-out notice, or its successor; or
2. 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.
H. 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;
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;
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.
I. Timing of the Renewal Notice
A renewal notice may be provided to the consumer either:
1. A reasonable period of time before the expiration of the opt-out period; or
2. 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.
If you provide an annual privacy notice under the Gramm-Leach-Bliley Act, 15 U.S.C. 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.
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.
APPENDIX A
Model Form for Initial Opt-out Notice (Single-Affiliate Notice)
[Your Choice To Limit Marketing]/[Marketing Opt-out]
• [Name of Affiliate] is providing this notice.
• [Optional: Federal law gives you the right to limit some but not all marketing from our affiliates. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from our affiliates.]
• You may limit our affiliates in the [ABC] group of companies, such as our [credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that we collect and share with them. This information includes your [income], your [account history with us], and your [credit score].
• Your choice to limit marketing offers from our affiliates will apply [until you tell us to change your choice]/[for x years from when you tell us your choice]/[for at least 5 years from when you tell us your choice]. [Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from our affiliates for [another x years]/[at least another 5 years].
• [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from our affiliates, you do not need to act again until you receive the renewal notice.
To limit marketing offers, contact us [include all that apply]:
• By telephone: 1–877–###–####
• On the Web: www.---.com
• By mail: Check the box and complete the form below, and send the form to:
[Company name]
[Company address]
____Do not allow your affiliates to use my personal information to market to me.
APPENDIX B
Model Form for Initial Opt-out Notice (Joint Notice)
• The [ABC group of companies] is providing this notice.
• [Optional: Federal law gives you the right to limit some but not all marketing from the [ABC] companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from the [ABC] companies.]
• You may limit the [ABC] companies, such as the [ABC credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that they receive from other [ABC] companies. This information includes your [income], your [account history], and your [credit score].
• Your choice to limit marketing offers from the [ABC] companies will apply [until you tell us to change your choice]/[for x years from when you tell us your choice]/[for at least 5 years from when you tell us your choice]. [Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from the [ABC] companies for [another x years]/[at least another 5 years].
• [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from the [ABC] companies, you do not need to act again until you receive the renewal notice.
___Do not allow any company [in the ABC group of companies] to use my personal information to market to me.
APPENDIX C
Model Form for Renewal Notice (Single-Affiliate Notice)
[Renewing Your Choice To Limit Marketing]/[Renewing Your Marketing Opt-Out]
• You previously chose to limit our affiliates in the [ABC] group of companies, such as our [credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that we share with them. This information includes your [income], your [account history with us], and your [credit score].
• Your choice has expired or is about to expire.
To renew your choice to limit marketing for [x] more years, contact us [include all that apply]:
___Renew my choice to limit marketing for [x] more year.
APPENDIX D
Model Form for Renewal Notice (Joint Notice)
• [Optional: Federal law gives you the right to limit some but not all marketing from the [ABC] companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from the [ABC] companies.
• You previously chose to limit the [ABC] companies, such as the [ABC credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that they receive from other ABC companies. This information includes your [income], your [account history], and your [credit score].
___Renew my choice to limit marketing for [x] more years.
APPENDIX E
Model Form for Voluntary “No Marketing” Notice
Your Choice To Stop Marketing
• You may choose to stop all marketing from us and our affiliates.
To stop all marketing, contact us [include all that apply]:
___Do not market to me.