17 CFR 248.12 - Limits on sharing account number information for marketing purposes. | Title 17 - Commodity and Securities Exchanges | Code of Federal Regulations

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§ 248.12 Limits on sharing account number information for marketing purposes.

(a) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

(b) Exceptions. Paragraph (a) of this section does not apply if you disclose an account number or similar form of access number or access code:

(1) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or

(2) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

(c) Example—Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code.

Title 17 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 17.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-19; vol. 78 # 76 - Friday, April 19, 2013

78 FR 23638 - Identity Theft Red Flags Rules

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08830
RIN	3038-AD14
File No.	S7-02-12
Release Nos.	34-69359, IA-3582, IC-30456

SECURITIES AND EXCHANGE COMMISSION, COMMODITY FUTURES TRADING COMMISSION

Joint final rules and guidelines.

Effective date: May 20, 2013; Compliance date: November 20, 2013.

17 CFR Part 162

Summary

The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (together, the “Commissions”) are jointly issuing final rules and guidelines to require certain regulated entities to establish programs to address risks of identity theft. These rules and guidelines implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which amended the Fair Credit Reporting Act and directed the Commissions to adopt rules requiring entities that are subject to the Commissions' respective enforcement authorities to address identity theft. First, the rules require financial institutions and creditors to develop and implement a written identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The rules include guidelines to assist entities in the formulation and maintenance of programs that would satisfy the requirements of the rules. Second, the rules establish special requirements for any credit and debit card issuers that are subject to the Commissions' respective enforcement authorities, to assess the validity of notifications of changes of address under certain circumstances.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 15 - COMMERCE AND TRADE

§ 78q - Records and reports

15 USC § 78q–1 - National system for clearance and settlement of securities transactions

§ 78mm - General exemptive authority

15 USC § 80a–30 - Accounts and records

15 USC § 80b–4 - Reports by investment advisers

15 USC § 80b–11 - Rules, regulations, and orders of Commission

15 USC § 1681s–3 - Affiliate sharing

§ 1681w - Disposal of records

§ 6801 - Protection of nonpublic personal information

§ 6802 - Obligations with respect to disclosures of personal information

§ 6803 - Disclosure of institution privacy policy

§ 6804 - Rulemaking

§ 6805 - Enforcement

§ 6806 - Relation to other provisions

§ 6807 - Relation to State laws

§ 6808 - Study of information sharing among financial affiliates

§ 6809 - Definitions

§ 6825 - Agency guidance

Title 17 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 17 CFR 248 after this date.

2013-04-19; vol. 78 # 76 - Friday, April 19, 2013

78 FR 23638 - Identity Theft Red Flags Rules

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08830
RIN	3038-AD14
File No.	S7-02-12
Release Nos.	34-69359, IA-3582, IC-30456

SECURITIES AND EXCHANGE COMMISSION, COMMODITY FUTURES TRADING COMMISSION

Joint final rules and guidelines.

Effective date: May 20, 2013; Compliance date: November 20, 2013.

17 CFR Part 162

Summary

The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (together, the “Commissions”) are jointly issuing final rules and guidelines to require certain regulated entities to establish programs to address risks of identity theft. These rules and guidelines implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which amended the Fair Credit Reporting Act and directed the Commissions to adopt rules requiring entities that are subject to the Commissions' respective enforcement authorities to address identity theft. First, the rules require financial institutions and creditors to develop and implement a written identity theft prevention program designed to detect, prevent, and mitigate identity theft in connection with certain existing accounts or the opening of new accounts. The rules include guidelines to assist entities in the formulation and maintenance of programs that would satisfy the requirements of the rules. Second, the rules establish special requirements for any credit and debit card issuers that are subject to the Commissions' respective enforcement authorities, to assess the validity of notifications of changes of address under certain circumstances.

17 CFR 248.12 - Limits on sharing account number information for marketing purposes.

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