Marketing solicitation
(o) Marketing solicitation(1) In general. The term marketing solicitation means the marketing of a product or service initiated by a person to a particular consumer that is: (i) Based on eligibility information communicated to that person by its affiliate as described in this subpart; and (ii) Intended to encourage the consumer to purchase or obtain such product or service. (2) Exclusion of marketing directed at the general public. A marketing solicitation does not include marketing communications that are directed at the general public. For example, television, general circulation magazine, billboard advertisements and publicly available Web sites that are not directed to particular consumers would not constitute marketing solicitations, even if those communications are intended to encourage consumers to purchase products and services from the person initiating the communications. (3) Examples of marketing solicitations. A marketing solicitation would include, for example, a telemarketing call, direct mail, e-mail, or other form of marketing communication directed to a particular consumer that is based on eligibility information received from an affiliate.