Current through Register 2021 Notice Reg. No. 52, December 24, 2021
(a) A licensee shall provide any required
notices, including notices provided at the consumer's request, so that each
consumer can reasonably be expected to receive actual notice in writing or, if
the consumer agrees, electronically. Notices must be made available in a form
capable of retention by the consumer.
A licensee may reasonably expect that a consumer will
receive actual notice if the licensee, for example:
(1) Hand-delivers a printed copy of the
notice to the consumer;
(2) Mails a
printed copy of the notice to the last known address of the consumer
separately, or in a policy, billing or other written communication;
(3) For a consumer who conducts transactions
electronically, posts the notice on the electronic site in accordance with
section 2689.4(a) and requires the consumer to acknowledge receipt of the
notice as a necessary step to obtaining a particular insurance product or
service;
(4) For an isolated
transaction with a consumer, such as the licensee providing an insurance quote
or selling the consumer travel insurance, posts the notice in a conspicuous
location and requires the consumer to acknowledge receipt of the notice as a
necessary step to obtaining the particular insurance product or service.
A licensee may not reasonably expect that a consumer will
receive actual notice if it:
(5) Only posts a sign in its office or
generally publishes advertisements of its privacy policies and practices;
or
(6) Sends the notice via
electronic mail to a consumer who does not obtain an insurance product or
service from the licensee electronically.
(b) A licensee may not provide any notice
required by these regulations solely by orally explaining the notice, either in
person or over the telephone.
