Editorial Note on Part 248
Editorial Note: Nomenclature changes to part 248 appear at 74 FR 40431, Aug. 11, 2009.

§ 248.127 Renewal of opt out elections. ( a ) *Renewal notice and opt out requirement* — ( 1 ) *In general.* After the opt out period expires, you may not make marketing solicitations to a consumer who previously opted out, unless: ( i ) The consumer has been given a renewal notice that complies with the requirements of this section and §§ 248.124 through 248.126, and a reasonable opportunity and a reasonable and simple method to renew the opt out, and the consumer does not renew the opt out; or
( ii ) An exception in § 248.121(c) applies.
( 2 ) *Renewal period.* Each opt out renewal must be effective for a period of at least five years as provided in § 248.122(b).
( 3 ) *Affiliates who may provide the notice.* The notice required by this paragraph must be provided: ( i ) By the affiliate that provided the previous opt out notice, or its successor; or
( ii ) As part of a joint renewal notice from two or more members of an affiliated group of companies, or their successors, that jointly provided the previous opt out notice.
( b ) *Contents of renewal notice.* The renewal notice must be clear, conspicuous, and concise, and must accurately disclose: ( 1 ) The name of the affiliate(s) providing the notice. If the notice is provided jointly by multiple affiliates and each affiliate shares a common name, such as “ABC,” then the notice may indicate it is being provided by multiple companies with the ABC name or multiple companies in the ABC group or family of companies, for example, by stating that the notice is provided by “all of the ABC companies,” “the ABC banking, credit card, insurance, and securities companies,” or by listing the name of each affiliate providing the notice. But if the affiliates providing the joint notice do not all share a common name, then the notice must either separately identify each affiliate by name or identify each of the common names used by those affiliates, for example, by stating that the notice is provided by “all of the ABC and XYZ companies” or by “the ABC banking and securities companies and the XYZ insurance companies”;
( 2 ) A list of the affiliates or types of affiliates whose use of eligibility information is covered by the notice, which may include companies that become affiliates after the notice is provided to the consumer. If each affiliate covered by the notice shares a common name, such as “ABC,” then the notice may indicate that it applies to multiple companies with the ABC name or multiple companies in the ABC group or family of companies, for example, by stating that the notice is provided by “all of the ABC companies,” “the ABC banking, credit card, insurance, and securities companies,” or by listing the name of each affiliate providing the notice. But if the affiliates covered by the notice do not all share a common name, then the notice must either separately identify each covered affiliate by name or identify each of the common names used by those affiliates, for example, by stating that the notice applies to “all of the ABC and XYZ companies” or to “the ABC banking and securities companies and the XYZ insurance companies”;
( 3 ) A general description of the types of eligibility information that may be used to make marketing solicitations to the consumer;
( 4 ) That the consumer previously elected to limit the use of certain information to make marketing solicitations to the consumer;
( 5 ) That the consumer's election has expired or is about to expire;
( 6 ) That the consumer may elect to renew the consumer's previous election;
( 7 ) If applicable, that the consumer's election to renew will apply for the specified period of time stated in the notice and that the consumer will be allowed to renew the election once that period expires; and
( 8 ) A reasonable and simple method for the consumer to opt out.
( c ) *Timing of the renewal notice* — ( 1 ) *In general.* A renewal notice may be provided to the consumer either: ( i ) A reasonable period of time before the expiration of the opt out period; or
( ii ) Any time after the expiration of the opt out period but before marketing solicitations that would have been prohibited by the expired opt out are made to the consumer.
( 2 ) *Combination with annual privacy notice.* If you provide an annual privacy notice under the GLBA, providing a renewal notice with the last annual privacy notice provided to the consumer before expiration of the opt out period is a reasonable period of time before expiration of the opt out in all cases.
( d ) *No effect on opt out period.* An opt out period may not be shortened by sending a renewal notice to the consumer before expiration of the opt out period, even if the consumer does not renew the opt out.