- The regulation contains the consumer opt-out right concerning the use of shared eligibility information for marketing solicitations. The regulation also contains exceptions to the opt-out requirements when affiliates have pre-existing business relationships with consumers and for other situations, including certain employment functions, consumer-initiated requests and authorizations, and the use of service providers.
- Institutions are reminded that the sharing of certain non-transaction and experience information about consumers with affiliates is still subject to a separate opt-out right under Section 603(d) of the FCRA.
- The regulations also contain the technical notice and opt-out processing requirements, which are consistent, to the extent possible, with similar provisions of the Financial Privacy regulations.
- Financial institutions have the option to provide disclosures separately or combine them with existing privacy notices. Sample consumer notices are contained in Appendix A to the regulation.
- The final rules are effective January 1, 2008, and mandatory compliance is required by October 1, 2008.
FDIC-Supervised Banks (Commercial and Savings)
Chief Executive Officer
- FDIC Part 334 - Fair Credit Reporting
- FCRA - Section 603(d)
12 CFR Part 717: Fair Credit Reporting Affiliate Marketing Regulations; Final Rule (PDF Help)
Senior Policy Analyst (Compliance) David Lafleur at
(202) 898-6569 or firstname.lastname@example.org
Senior Policy Analyst (Compliance) John Jackwood at
(202) 898-3991 or email@example.com
FIL-98-2007 - PDF (PDF Help)
FDIC financial institution letters (FILs) may be accessed
from the FDIC's Web site at
To receive FILs electronically, please visit
Paper copies of FDIC financial institution letters may be
obtained through the FDIC's Public Information Center,
3501 Fairfax Drive, E-1102, Arlington, VA 22226 (1-877-
275-3342 or 202-416-6940).