(a) Except
as provided in (b) of this section, a licensee may not disclose directly or
through an affiliate a policy number or similar form of access number or access
code for a consumer's policy or transaction account to a nonaffiliated third
party for use in marketing by telephone or facsimile transmission, direct mail
marketing, or electronic mail marketing to a consumer.
(b) A licensee may disclose a policy number
or similar form of access number or access code for a consumer's policy or
transaction account to a
(1)
consumer-reporting agency;
(2)
licensee's service provider for the sole purpose of marketing the licensee's
own products or services only if the service provider is not authorized to
directly initiate charges to the account;
(3) licensee who is an insurance producer for
the sole purpose of marketing the licensee's own products or services;
or
(4) participant in an affinity
program or similar program if the participants in the program are identified to
the customer at the time the customer enters into the program.
(c) For purposes of this section,
a policy number or similar form of access number or access code for a
consumer's policy or transaction account does not include a number or code that
is in an encrypted form, unless the licensee provides the recipient with a
means to decode the number or code.
(d) In this section, "consumer's policy or
transaction account"
(1) means an account
other than a deposit account or a credit card account; and
(2) does not include an account to which a
third party cannot initiate charges.
