12CFR1022 Apx C Model Form Opt-Out Notices 1-1-20 ED

§ 1022.141

12 CFR Ch. X (1–1–20 Edition)

maintains files on consumers on a nationwide basis. Foster Ltd.’s conduct
does not violate this part.
(c) Limitation on applicability. Any
person who is otherwise in violation of
paragraph (a) of this section shall be
deemed to be in compliance with this
part if such person is in compliance
with all obligations imposed upon consumer reporting agencies that compile
and maintain files on consumers on a
nationwide basis under the FCRA, 15
U.S.C. 1681 et seq.
§ 1022.141 Reasonable charges for certain disclosures.
Pursuant to section 612(f) of the
FCRA, 15 U.S.C. 1681j(f), the charge imposed by a consumer reporting agency
for a disclosure to the consumer pursuant to section 609 of the FCRA, 15
U.S.C. 1681g, shall not exceed the maximum allowable charge set by the Bureau.

1. Rearranging the order of the references
to ‘‘late payment(s),’’ or ‘‘missed payment(s).’’
2. Pluralizing the terms ‘‘credit bureau,’’
‘‘credit report,’’ and ‘‘account.’’
3. Specifying the particular type of account on which information may be furnished, such as ‘‘credit card account.’’
4. Rearranging in Model Notice B–1 the
phrases ‘‘information about your account’’
and ‘‘to credit bureaus’’ such that it would
read ‘‘We may report to credit bureaus information about your account.’’
MODEL NOTICE B–1
We may report information about your account to credit bureaus. Late payments,
missed payments, or other defaults on your
account may be reflected in your credit report.
MODEL NOTICE B–2
We have told a credit bureau about a late
payment, missed payment or other default
on your account. This information may be
reflected in your credit report.

APPENDIX C TO PART 1022—MODEL
FORMS FOR OPT-OUT NOTICES

[84 FR 517, Jan. 31, 2019]

APPENDIX A TO PART 1022 [RESERVED]
APPENDIX B TO PART 1022—MODEL NOTICES OF FURNISHING NEGATIVE IN-

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FORMATION

a. Although use of the model notices is not
required, a financial institution that is subject to section 623(a)(7) of the FCRA shall be
deemed to be in compliance with the notice
requirement in section 623(a)(7) of the FCRA
if the institution properly uses the model notices in this appendix (as applicable).
b. A financial institution may use Model
Notice B–1 if the institution provides the notice prior to furnishing negative information
to a nationwide consumer reporting agency.
c. A financial institution may use Model
Notice B–2 if the institution provides the notice after furnishing negative information to
a nationwide consumer reporting agency.
d. Financial institutions may make certain
changes to the language or format of the
model notices without losing the safe harbor
from liability provided by the model notices.
The changes to the model notices may not be
so extensive as to affect the substance, clarity, or meaningful sequence of the language
in the model notices. Financial institutions
making such extensive revisions will lose the
safe harbor from liability that this appendix
provides. Acceptable changes include, for example,

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

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Bur. of Consumer Financial Protection

Pt. 1022, App. C

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.
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

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C–1—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.
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.

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Pt. 1022, App. D

12 CFR Ch. X (1–1–20 Edition)

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].
• 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]

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• 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, in-

surance, 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.

APPENDIX D TO PART 1022—MODEL
FORMS FOR FIRM OFFERS OF CREDIT
OR INSURANCE
In order to comply with § 1022.54, the following model notices may be used:
(a) English language model notice—(1) Short
notice.

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