FCU - Fair Credit Reporting

Pt. 1022, App. C

Bur. of Consumer Financial Protection

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APPENDIX C TO PART 1022—MODEL
FORMS FOR OPT-OUT NOTICES
a. Although use of the model forms is not
required, use of the model forms in this appendix (as applicable) complies with the requirement in section 624 of the Act for clear,
conspicuous, and concise notices.
b. Certain changes may be made to the language or format of the model forms without
losing the protection from liability afforded
by use of the model forms. These changes
may not be so extensive as to affect the substance, clarity, or meaningful sequence of
the language in the model forms. Persons
making such extensive revisions will lose the
safe harbor that this appendix provides. Acceptable changes include, for example:
1. Rearranging the order of the references
to ‘‘your income,’’ ‘‘your account history,’’
and ‘‘your credit score.’’
2. Substituting other types of information
for ‘‘income,’’ ‘‘account history,’’ or ‘‘credit
score’’ for accuracy, such as ‘‘payment history,’’ ‘‘credit history,’’ ‘‘payoff status,’’ or
‘‘claims history.’’
3. Substituting a clearer and more accurate description of the affiliates providing or
covered by the notice for phrases such as
‘‘the [ABC] group of companies,’’ including
without limitation a statement that the entity providing the notice recently purchased
the consumer’s account.
4. Substituting other types of affiliates
covered by the notice for ‘‘credit card,’’ ‘‘insurance,’’ or ‘‘securities’’ affiliates.
5. Omitting items that are not accurate or
applicable. For example, if a person does not
limit the duration of the opt-out period, the
notice may omit information about the renewal notice.
6. Adding a statement informing consumers how much time they have to opt out
before shared eligibility information may be
used to make solicitations to them.
7. Adding a statement that the consumer
may exercise the right to opt out at any
time.
8. Adding the following statement, if accurate: ‘‘If you previously opted out, you do
not need to do so again.’’
9. Providing a place on the form for the
consumer to fill in identifying information,
such as his or her name and address.
10. Adding disclosures regarding the treatment of opt-outs by joint consumers to comply with § 1022.23(a)(2) of this part.

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Pt. 1022, App. C

12 CFR Ch. X (1–1–16 Edition)

C–1 Model Form for Initial Opt-out Notice
(Single-Affiliate Notice)
C–2 Model Form for Initial Opt-out Notice
(Joint Notice)
C–3 Model Form for Renewal Notice (Single-Affiliate Notice)
C–4 Model Form for Renewal Notice (Joint
Notice)
C–5 Model Form for Voluntary ‘‘No Marketing’’ Notice
C–1—MODEL FORM FOR INITIAL OPT-OUT NOTICE
(SINGLE-AFFILIATE NOTICE)—[YOUR
CHOICE TO LIMIT MARKETING]/[MARKETING
OPT-OUT]

lpowell on DSK54DXVN1OFR with $$_JOB

• [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.
C–2—MODEL FORM FOR INITIAL OPT-OUT NOTICE (JOINT NOTICE)—[YOUR CHOICE TO
LIMIT MARKETING]/[MARKETING OPT-OUT]
• 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.
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 any company [in the ABC
group of companies] to use my personal information to market to me.
C–3—MODEL FORM FOR RENEWAL NOTICE (SINGLE-AFFILIATE NOTICE)—[RENEWING YOUR
CHOICE TO LIMIT MARKETING]/[RENEWING
YOUR 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 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].

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Bur. of Consumer Financial Protection

Pt. 1022, App. D

• 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]:
• 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]
—Renew my choice to limit marketing for
[x] more years.
C–4—MODEL FORM FOR RENEWAL NOTICE
(JOINT NOTICE)—[RENEWING YOUR CHOICE
TO LIMIT MARKETING]/[RENEWING YOUR
MARKETING OPT-OUT]

lpowell on DSK54DXVN1OFR with $$_JOB

• 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 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].
• 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]:

• 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]
—Renew my choice to limit marketing for
[x] more years.
C–5—MODEL FORM FOR VOLUNTARY ‘‘NO MARKETING’’ NOTICE—[YOUR CHOICE TO STOP
MARKETING]
• [Name of Affiliate] is providing this notice.
• You may choose to stop all marketing
from us and our affiliates.
• [Your choice to stop marketing from us
and our affiliates will apply until you tell us
to change your choice.]
To stop all marketing, 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 market to me.

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