NAC679B.856. Form of opt-out notice to consumers; opt-out methods.

     1. If a licensee is required to provide an opt-out notice pursuant to NAC 679B.864, the notice must contain a clear and conspicuous notice that accurately explains the right to opt out. The notice must state:

     (a) That the licensee discloses or reserves the right to disclose nonpublic personal financial information about the consumer to a nonaffiliated third party;

     (b) That the consumer has the right to opt out of that disclosure; and

     (c) A reasonable means by which the consumer may exercise the right to opt out.

     2. A licensee provides adequate notice that the consumer may opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee:

     (a) Identifies all of the categories of nonpublic personal financial information that the licensee discloses or reserves the right to disclose;

     (b) In the manner provided in NAC 679B.846, identifies all the categories of nonaffiliated third parties to which the licensee discloses the information;

     (c) States that the consumer may opt out of the disclosure of the information; and

     (d) Identifies the insurance products or services that the consumer obtains individually or jointly from the licensee to which an opt-out direction will apply.

     3. A licensee provides a reasonable means to exercise the right to opt out by:

     (a) Designating check-off boxes in a prominent location on the relevant forms with the opt-out notice;

     (b) Including a reply form with the opt-out notice;

     (c) If the consumer agrees to the electronic delivery of information, providing an electronic means to opt out, including a form that can be sent via electronic mail or processed at the website of the licensee; or

     (d) Providing a toll-free telephone number that a consumer may call to opt out.

     4. A licensee does not provide a reasonable means of opting out if:

     (a) The only means of opting out is for the consumer to write his or her own letter to exercise that right; or

     (b) The only means of opting out, as described in any notice subsequent to the initial notice, is to use a check-off box that the licensee provided with the initial notice, but did not include with the subsequent notice.

     5. A licensee may require each consumer to use a specific means to opt out if the means of opting out is reasonable for that consumer.

     6. A licensee may provide the opt-out notice together with or on the same written or electronic form as the initial notice that the licensee provides pursuant to NAC 679B.842.

     7. If a licensee provides the opt-out notice later than required for the initial notice pursuant to NAC 679B.842, the licensee must also include a written copy or, if the consumer agrees, an electronic copy of the initial notice with the opt-out notice.

     8. A licensee shall comply with the opt-out direction of a consumer as soon as reasonably practicable after receipt of the direction by the licensee.

     9. A consumer may exercise the right to opt out at any time.

     10. A direction of a consumer to opt out pursuant to this section or NAC 679B.858 is effective until the consumer revokes the direction in writing or, if the consumer agrees, electronically.

     11. When a customer relationship terminates, the opt-out direction continues to apply to the nonpublic personal financial information that the licensee collected during or related to that customer relationship.

     12. If the natural person subsequently establishes a new customer relationship with the licensee, the opt-out direction that applied to the former relationship does not apply to the new customer relationship.

     13. When a licensee is required to deliver an opt-out notice pursuant to this section or NAC 679B.858, the licensee shall deliver the notice in the manner provided by NAC 679B.862.

     (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)