Joint Release
Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
National Credit Union Administration
Office of the Comptroller of the Currency
Office of Thrift Supervision
For immediate release July 2, 2004
Agencies Issue Proposed Rule on Affiliate Marketing Opt Outs
The federal financial institutions supervisory agencies today issued proposed regulations that
would give consumers the chance to "opt out" before a financial institution uses information
provided by an affiliated company to market its products and services to the consumer.
The proposed rulemaking would implement the affiliate marketing provisions in section 214 of
the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which adds a new section
624 to the Fair Credit Reporting Act (FCRA). The proposal generally would prohibit an institution
from using certain information about a consumer it receives from an affiliate to make a
solicitation to the consumer unless the consumer has been given notice and an opportunity to
opt out of the solicitation. An institution that has a pre-existing business relationship with the
consumer would not be subject to this marketing limitation. Nothing in the new affiliate
marketing opt out supercedes or replaces the provisions in section 603 of the FCRA concerning
the right to opt out of the sharing of information among affiliates, although there is some overlap
between the two opt out requirements.
The proposal is being issued by the Board of Governors of the Federal Reserve System,
Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the
Comptroller of the Currency, and Office of Thrift Supervision.
Comment on the proposed rulemaking is requested within 30 days of its publication in the
Federal Register, which is expected shortly. The Federal Register notice is attached.
# # #
Attachment - PDF 816k (PDF Help)
Media Contacts:
Federal Reserve Susan Stawick (202) 452-2955
FDIC Frank Gresock (202) 898-6634
NCUA Cherie Umbel (703) 518-6330
OCC Dean DeBuck (202) 874-5770
OTS Erin Hickman (202) 906-6677
FDIC-PR-73-2004
Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
National Credit Union Administration
Office of the Comptroller of the Currency
Office of Thrift Supervision
For immediate release July 2, 2004
Agencies Issue Proposed Rule on Affiliate Marketing Opt Outs
The federal financial institutions supervisory agencies today issued proposed regulations that
would give consumers the chance to "opt out" before a financial institution uses information
provided by an affiliated company to market its products and services to the consumer.
The proposed rulemaking would implement the affiliate marketing provisions in section 214 of
the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which adds a new section
624 to the Fair Credit Reporting Act (FCRA). The proposal generally would prohibit an institution
from using certain information about a consumer it receives from an affiliate to make a
solicitation to the consumer unless the consumer has been given notice and an opportunity to
opt out of the solicitation. An institution that has a pre-existing business relationship with the
consumer would not be subject to this marketing limitation. Nothing in the new affiliate
marketing opt out supercedes or replaces the provisions in section 603 of the FCRA concerning
the right to opt out of the sharing of information among affiliates, although there is some overlap
between the two opt out requirements.
The proposal is being issued by the Board of Governors of the Federal Reserve System,
Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the
Comptroller of the Currency, and Office of Thrift Supervision.
Comment on the proposed rulemaking is requested within 30 days of its publication in the
Federal Register, which is expected shortly. The Federal Register notice is attached.
# # #
Attachment - PDF 816k (PDF Help)
Media Contacts:
Federal Reserve Susan Stawick (202) 452-2955
FDIC Frank Gresock (202) 898-6634
NCUA Cherie Umbel (703) 518-6330
OCC Dean DeBuck (202) 874-5770
OTS Erin Hickman (202) 906-6677
FDIC-PR-73-2004