Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 125 -- Reasonable and Simple Methods of Opting Out

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1. In general. You must not use eligibility information about a consumer that you receive from an affiliate to make a marketing solicitation to the consumer about your products or services, unless the consumer is provided a reasonable and simple method to opt out, as required by Part 248.121(a)(1)(ii).
   
   
2. Examples.
   
   1. Reasonable and simple opt out methods. Reasonable and simple methods for exercising the opt out right include:
      
      
      1. Designating a check-off box in a prominent position on the opt out form;
         
         
      2. Including a reply form and a self-addressed envelope together with the opt out notice;
         
         
      3. Providing an electronic means to opt out, such as a form that can be electronically mailed or processed at an Internet Web site, if the consumer agrees to the electronic delivery of information;
         
         
      4. Providing a toll-free telephone number that consumers may call to opt out; or
         
         
      5. Allowing consumers to exercise all of their opt out rights described in a consolidated opt out notice that includes the GLBA privacy, FCRA affiliate sharing, and FCRA affiliate marketing opt outs, by a single method, such as by calling a single toll-free telephone number.
         
         
   2. Opt out methods that are not reasonable and simple. Reasonable and simple methods for exercising an opt out right do not include:
      
      
      1. Requiring the consumer to write his or her own letter;
         
         
      2. Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt out notice; or
         
         
      3. Requiring the consumer who receives the opt out notice in electronic form only, such as through posting at an Internet Web site, to opt out solely by paper mail or by visiting a different Web site without providing a link to that site.
         
         
3. Specific opt out means. Each consumer may be required to opt out through a specific means, as long as that means is reasonable and simple for that consumer.
   
   

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