1022.21 Affiliate marketing opt-out and exceptions. Consumer Financial Protection Bureau
§ 1022.21 Affiliate marketing opt-out and exceptions.
(1) Generally. Except in the following cases, do not use qualifications on consumers received from affiliates to invite consumers for marketing purposes:
(i) If you agree with consumers, if you agree that consumers can use the qualifications received from an affiliated company to solicit the purpose of marketing, it will be clear and noticeable in an electronic outline notification. Is disclosed to consumers.
(II) Prohibit consumers with rational opportunities to “op t-out” and provide rational and simple methods, or use qualified information to solicit marketing purposes for consumers. 。 And
(III) The consumers are not opt -out.
(2) An example consumers have insurance company housing insurance. The insurance company provides the consumer qualitative information to the affiliated creditor. Based on this conformity information, creditors want to guide consumers about mortgages. Creditors have no existing business relationships with consumers, and other exceptions are not applied. Creditors are given the opportunity to notify and op t-out to consumers, and unless consumers are op t-out, they use the qualified information received from insurance companies to solicit mortgage products to consumers. Is prohibited.
(3) Related companies that can provide notifications. The notifications required in this section must be provided:
(i) A partner company with or has existing business relationships with consumers.
(II) As part of the joint notification by two or more members of related company groups. However, at least one of the affiliated companies included in the joint notice has existing trading relationships with consumers, or only if they have.
(b) Submission of invitations
(1) General. In this section, invitations shall be performed for marketing purposes in the following cases:
(i) Receive qualitative information from affiliates.
(II) Use its compatibility information to perform the following or more:
(A) Identify the type of consumer or consumer to be invited.
(B) Determine the standards used to select consumers who are invited. lingering
(C) Decide which product or service to sell to that consumer or to create an invitation according to its consumer. And < Span> (1) Generally. Except in the following cases, do not use qualifications on consumers received from affiliates to invite consumers for marketing purposes:
(i) If you agree with consumers, if you agree that consumers can use the qualifications received from an affiliated company to solicit the purpose of marketing, it will be clear and noticeable in an electronic outline notification. Is disclosed to consumers.
(II) Prohibit consumers with rational opportunities to “op t-out” and provide rational and simple methods, or use qualified information to solicit marketing purposes for consumers. 。 And
(III) The consumers are not opt -out.
(2) An example consumers have insurance company housing insurance. The insurance company provides the consumer qualitative information to the affiliated creditor. Based on this conformity information, creditors want to guide consumers about mortgages. Creditors have no existing business relationships with consumers, and other exceptions are not applied. Creditors are given the opportunity to notify and op t-out to consumers, and unless consumers are op t-out, they use the qualified information received from insurance companies to solicit mortgage products to consumers. Is prohibited.
(3) Related companies that can provide notifications. The notifications required in this section must be provided:
(i) A partner company with or has existing business relationships with consumers.
(II) As part of the joint notification by two or more members of related company groups. However, at least one of the affiliated companies included in the joint notice has existing trading relationships with consumers, or only if they have.
(b) Submission of invitations
(1) General. In this section, invitations shall be performed for marketing purposes in the following cases:
(i) Receive qualitative information from affiliates.
(II) Use its compatibility information to perform the following or more:
(A) Identify the type of consumer or consumer to be invited.
(B) Determine the standards used to select consumers who are invited. lingering
(C) Decide which product or service to sell to that consumer or to create an invitation according to its consumer. And (1) Generally. Except in the following cases, do not use qualifications on consumers received from affiliates to invite consumers for marketing purposes:
(i) If you agree with consumers, if you agree that consumers can use the qualifications received from an affiliated company to solicit the purpose of marketing, it will be clear and noticeable in an electronic outline notification. Is disclosed to consumers.
(II) Prohibit consumers with rational opportunities to “op t-out” and provide rational and simple methods, or use qualified information to solicit marketing purposes for consumers. 。 And
(III) The consumers are not opt -out.
(2) An example consumers have insurance company housing insurance. The insurance company provides the consumer qualitative information to the affiliated creditor. Based on this conformity information, creditors want to guide consumers about mortgages. Creditors have no existing business relationships with consumers, and other exceptions are not applied. Creditors are given the opportunity to notify and op t-out to consumers, and unless consumers are op t-out, they use the qualified information received from insurance companies to solicit mortgage products to consumers. Is prohibited.
(3) Related companies that can provide notifications. The notifications required in this section must be provided:
(i) A partner company with or has existing business relationships with consumers.
(II) As part of the joint notification by two or more members of related company groups. However, at least one of the affiliated companies included in the joint notice has existing trading relationships with consumers, or only if they have.
(b) Submission of invitations
(1) General. In this section, invitations shall be performed for marketing purposes in the following cases:
(i) Receive qualitative information from affiliates.
(II) Use its compatibility information to perform the following or more:
(A) Identify the type of consumer or consumer to be invited.
(B) Determine the standards used to select consumers who are invited. lingering
(C) Decide which product or service to sell to that consumer or to create an invitation according to its consumer. and
(III) As a result of using qualification information, consumers are invited.
(2) Receive qualitative information from affiliated companies, including shared databases. Users can receive qualified information from affiliates in various ways, including information in a common database that users are accessed by users.
(3) Receive or use qualifications from service providers. Unless it is stipulated in this section (B) (5), the service provider to act on your behalf (whether you are an affiliate or independent third party) is this section (b) (1) If you receive or use the information in the method described in (i) or (B) (1) (II), you receive or use the qualifications of an affiliated company. If you receive or use affiliate qualification information in connection with your product and service marketing, it will be determined whether that person is acting as your service provider.
(4) When using the qualification information of the affiliated company itself. Unless the qualification information obtained from an affiliated company in the method described in paragraphs (1) (II) of this section (1) (II) is not used, there will be no solicitation to the this section.
(i) When using the unique qualifications obtained in connection with the existing trading relationship that had already been connected or connected to consumers to sell your products or services to consumers. lingering
(II) In order to sell your company's products or services to consumers, you instruct the service provider to use the qualifications of related companies received in connection with existing business relationships with consumers, and your company If you do not contact the service provider directly about this use.
(5) Use of qualification information by service provider-.
(I) General. Service providers (including consume r-accessed shared databases, including service providers of affiliated companies or thir d-party), or relevance to existing business relationships with consumers If you acquire qualitative information from an affiliated company that has acquired and use qualified information to sell your product or service to consumers, you will not solicit the target of this section C: < Span > (III) As a result of using the qualification information, consumers must be invited.
(2) Receive qualitative information from affiliated companies, including shared databases. Users can receive qualified information from affiliates in various ways, including information in a common database that users are accessed by users.
(3) Receive or use qualifications from service providers. Unless it is stipulated in this section (B) (5), the service provider to act on your behalf (whether you are an affiliate or independent third party) is this section (b) (1) If you receive or use the information in the method described in (i) or (B) (1) (II), you receive or use the qualifications of an affiliated company. If you receive or use affiliate qualification information in connection with your product and service marketing, it will be determined whether that person is acting as your service provider.
(4) When using the qualification information of the affiliated company itself. Unless the qualification information obtained from an affiliated company in the method described in paragraphs (1) (II) of this section (1) (II) is not used, there will be no solicitation to the this section.
(i) When using the unique qualifications obtained in connection with the existing trading relationship that had already been connected or connected to consumers to sell your products or services to consumers. lingering
(II) In order to sell your company's products or services to consumers, you instruct the service provider to use the qualifications of related companies received in connection with existing business relationships with consumers, and your company If you do not contact the service provider directly about this use.
(5) Use of qualification information by service provider-.
(I) General. Service providers (including consume r-accessed shared databases that can be maintained or accessed by related companies or thir d-party service providers) are related to the existing business relationship with or have consumers If you acquire qualified information from an affiliated company that has acquired and use the qualified information to sell your company's products or services to consumers, you will not solicit the target of this section C: (III) ) As a result of using qualification information, consumers are invited.
(2) Receive qualitative information from affiliated companies, including shared databases. Users can receive qualified information from affiliates in various ways, including information in a common database that users are accessed by users.
(3) Receive or use qualifications from service providers. Unless it is stipulated in this section (B) (5), the service provider to act on your behalf (whether you are an affiliate or independent third party) is this section (b) (1) If you receive or use the information in the method described in (i) or (B) (1) (II), you receive or use the qualifications of an affiliated company. If you receive or use affiliate qualification information in connection with your product and service marketing, it will be determined whether that person is acting as your service provider.
(4) When using the qualification information of the affiliated company itself. Unless the qualification information obtained from an affiliated company in the method described in paragraphs (1) (II) of this section (1) (II) is not used, there will be no solicitation to the this section.
(i) When using the unique qualifications obtained in connection with the existing trading relationship that had already been connected or connected to consumers to sell your products or services to consumers. lingering