16 CFR 313.4 - Initial privacy notice to consumers required.
(2)Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by §§ 313.14 and 313.15.
(c)When you establish a customer relationship -
(2)Special rule for loans. You establish a customer relationship with a consumer when you originate a loan to the consumer for personal, family, or household purposes. If you subsequently transfer the servicing rights to that loan to another financial institution, the customer relationship transfers with the servicing rights.
(A) Opens a credit card account with you;
(C) Agrees to obtain financial, economic, or investment advisory services from you for a fee; or
(D) Becomes your client for the purpose of your providing credit counseling or tax preparation services, or to obtain career counseling while seeking employment with a financial institution or the finance, accounting, or audit department of any company (or while employed by such a company or financial institution);
(F) Executes the lease for personal property with you;
(A) Originate the loan to the consumer and retain the servicing rights; or
(B) Purchase the servicing rights to the consumer's loan.
(d)Existing customers. When an existing customer obtains a new financial product or service from you that is to be used primarily for personal, family, or household purposes, you satisfy the initial notice requirements of paragraph (a) of this section as follows:
(2) If the initial, revised, or annual notice that you most recently provided to that customer was accurate with respect to the new financial product or service, you do not need to provide a new privacy notice under paragraph (a) of this section.
(e)Exceptions to allow subsequent delivery of notice.
(2)Examples of exceptions -
(i)Not at customer's election. Establishing a customer relationship is not at the customer's election if you acquire a customer's loan, or the servicing rights, from another financial institution and the customer does not have a choice about your acquisition.
(B) You establish a customer relationship with an individual under a program authorized by Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070et seq.) or similar student loan programs where loan proceeds are disbursed promptly without prior communication between you and the customer.
(iii)No substantial delay of customer's transaction. Providing notice not later than when you establish a customer relationship would not substantially delay the customer's transaction when the relationship is initiated in person at your office or through other means by which the customer may view the notice, such as through a web site.
(f)Delivery. When you are required to deliver an initial privacy notice by this section, you must deliver it according to § 313.9. If you use a short-form initial notice for non-customers according to § 313.6(d), you may deliver your privacy notice according to § 313.6(d)(3).
- 16 CFR 313.5 — Annual Privacy Notice to Customers Required.
- 16 CFR 313.6 — Information to Be Included in Privacy Notices.
- 16 CFR 313.7 — Form of Opt Out Notice to Consumers; Opt Out Methods.
- 16 CFR 313.18 — Effective Date; Transition Rule.
- 16 CFR 313.15 — Other Exceptions to Notice and Opt Out Requirements.
- 16 CFR 313.10 — Limits on Disclosure of Non-Public Personal Information to Nonaffiliated Third Parties.
- 16 CFR 313.13 — Exception to Opt Out Requirements for Service Providers and Joint Marketing.
- 16 CFR 313.14 — Exceptions to Notice and Opt Out Requirements for Processing and Servicing Transactions.
- 16 CFR 313.9 — Delivering Privacy and Opt Out Notices.
- 16 CFR 313.8 — Revised Privacy Notices.