U.S Code last checked for updates: May 19, 2024
§ 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
(B)
Format
(3)
Duration
(A)
In general
(B)
Notice upon expiration of effective period
(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
(b)
Notice for other purposes permissible
(c)
User requirements
(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
(Pub. L. 90–321, title VI, § 624, as added Pub. L. 108–159, title II, § 214(a)(2), Dec. 4, 2003, 117 Stat. 1980.)
cite as: 15 USC 1681s-3