Fair Credit Reporting Act (FCRA)
§ 624. Affiliate sharing [15 U.S.C. § 1681s-3]
(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
603(d)(2)(A), 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),
and that is provided by a person described in subsection (a) to a consumer together
with disclosures required by any other provision of law, shall satisfy the requirements
of subsection (a).
(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 625(b)(2).
(d) Definitions. For purposes of this section, the following definitions shall apply:
(1) 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) 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), 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.
