Appendix A to Part 162 - Sample Clauses
17:2.0.1.1.27.5.1.1.23 : Appendix A
Appendix A to Part 162 - Sample Clauses
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 FCRA 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”, 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 “commodity advisor”, “futures clearing merchant”, or “swap
dealer” 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.
• A-1 Model Form for Initial Opt-out notice (Single-Affiliate
Notice)
• A-2 Model Form for Initial Opt-out notice (Joint Notice)
• A-3 Model Form for Renewal Notice (Single-Affiliate
Notice)
• A-4 Model Form for Renewal Notice (Joint Notice)
• A-5 Model Form for Voluntary “No Marketing” Notice
A-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 [commodity advisor, futures clearing merchant, and swap
dealer] affiliates, from marketing their financial 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. A-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
commodity advisor, futures clearing merchant, and swap dealer]
affiliates, from marketing their financial 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.
A-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 [commodity advisor, futures
clearing merchant, and swap dealer] affiliates, from marketing
their financial 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. A-4 Model Form for
Renewal Notice (Joint Notice) [Renewing Your Choice To Limit
Marketing]/[Renewing Your 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 previously chose to limit the [ABC companies],
such as the [ABC commodity advisor, futures clearing merchant, and
swap dealer] affiliates, from marketing their financial 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. A-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. To stop all 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 market to me.