15 U.S.C. § 1681s-3 : US Code - Section 1681S-3: Affiliate sharing

Search 15 U.S.C. § 1681s-3 : US Code - Section 1681S-3: Affiliate sharing

(a) Special rule for solicitation for purposes of marketing
(1) Notice
Any person that receives from another person related to it by
common ownership or affiliated by corporate control a
communication of information that would be a consumer report, but
for clauses (i), (ii), and (iii) of section 1681a(d)(2)(A) of
this title, may not use the information to make a solicitation
for marketing purposes to a consumer about its products or
services, unless -
(A) it is clearly and conspicuously disclosed to the consumer
that the information may be communicated among such persons for
purposes of making such solicitations to the consumer; and
(B) the consumer is provided an opportunity and a simple
method to prohibit the making of such solicitations to the
consumer by such person.
(2) Consumer choice
(A) In general
The notice required under paragraph (1) shall allow the
consumer the opportunity to prohibit all solicitations referred
to in such paragraph, and may allow the consumer to choose from
different options when electing to prohibit the sending of such
solicitations, including options regarding the types of
entities and information covered, and which methods of
delivering solicitations the consumer elects to prohibit.
(B) Format
Notwithstanding subparagraph (A), the notice required under
paragraph (1) shall be clear, conspicuous, and concise, and any
method provided under paragraph (1)(B) shall be simple. The
regulations prescribed to implement this section shall provide
specific guidance regarding how to comply with such standards.
(3) Duration
(A) In general
The election of a consumer pursuant to paragraph (1)(B) to
prohibit the making of solicitations shall be effective for at
least 5 years, beginning on the date on which the person
receives the election of the consumer, unless the consumer
requests that such election be revoked.
(B) Notice upon expiration of effective period
At such time as the election of a consumer pursuant to
paragraph (1)(B) is no longer effective, a person may not use
information that the person receives in the manner described in
paragraph (1) to make any solicitation for marketing purposes
to the consumer, unless the consumer receives a notice and an
opportunity, using a simple method, to extend the opt-out for
another period of at least 5 years, pursuant to the procedures
described in paragraph (1).
(4) Scope
This section shall not apply to a person -
(A) using information to make a solicitation for marketing
purposes to a consumer with whom the person has a pre-existing
business relationship;
(B) using information to facilitate communications to an
individual for whose benefit the person provides 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;
(C) using information to perform services on behalf of
another person related by common ownership or affiliated by
corporate control, except that this subparagraph shall not be
construed as permitting a person to send solicitations on
behalf of another person, if such other person would not be
permitted to send the solicitation on its own behalf as a
result of the election of the consumer to prohibit
solicitations under paragraph (1)(B);
(D) using information in response to a communication
initiated by the consumer;
(E) using information in response to solicitations authorized
or requested by the consumer; or
(F) if compliance with this section by that person would
prevent compliance by that person with any provision of State
insurance laws pertaining to unfair discrimination in any State
in which the person is lawfully doing business.
(5) No retroactivity
This subsection shall not prohibit the use of information to
send a solicitation to a consumer if such information was
received prior to the date on which persons are required to
comply with regulations implementing this subsection.
(b) Notice for other purposes permissible
A notice or other disclosure under this section may be
coordinated and consolidated with any other notice required to be
issued under any other provision of law by a person that is subject
to this section, and a notice or other disclosure that is
equivalent to the notice required by subsection (a) of this
section, and that is provided by a person described in subsection
(a) of this section to a consumer together with disclosures
required by any other provision of law, shall satisfy the
requirements of subsection (a) of this section.
(c) User requirements
Requirements with respect to the use by a person of information
received from another person related to it by common ownership or
affiliated by corporate control, such as the requirements of this
section, constitute requirements with respect to the exchange of
information among persons affiliated by common ownership or common
corporate control, within the meaning of section 1681t(b)(2) of
this title.
(d) Definitions
For purposes of this section, the following definitions shall
apply:
(1) 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 -
(A) a financial contract between a person and a consumer
which is in force;
(B) the purchase, rental, or lease by the consumer of that
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 that person during the 18-month period immediately
preceding the date on which the consumer is sent a solicitation
covered by this section;
(C) an inquiry or application by the consumer regarding a
product or service offered by that person, during the 3-month
period immediately preceding the date on which the consumer is
sent a solicitation covered by this section; or
(D) any other pre-existing customer relationship defined in
the regulations implementing this section.
(2) Solicitation
The term "solicitation" means the marketing of a product or
service initiated by a person to a particular consumer that is
based on an exchange of information described in subsection (a)
of this section, and is intended to encourage the consumer to
purchase such product or service, but does not include
communications that are directed at the general public or
determined not to be a solicitation by the regulations prescribed
under this section.