28 Tex. Admin. Code § 22.18 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

(a) If the covered entity discloses nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes, or in connection with a transaction listed in subsection (b) of this section, the following do not apply:

(1) provision of the initial notice in § 22.8(a)(2) of this title (relating to Initial Privacy Notice),

(2) the opt out requirements in § 22.11 of this title (relating to Form of Opt Out Notice to Consumers and Opt Out Methods) and the limitations on disclosure in § 22.14 of this title (relating to Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties), and

(3) the requirements pertaining to service providers and joint marketing in § 22.17 of this title (relating to Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing).

(b) Applicable transactions include:

(1) servicing or processing an insurance product or service that a consumer requests or authorizes;

(2) maintaining or servicing the consumer's account with a covered entity, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity;

(3) a proposed or actual securitization, secondary market sale (including sales of servicing rights) or similar transaction related to a transaction of the consumer; or

(4) reinsurance or stop loss or excess loss insurance.

(c) A disclosure is necessary to effect, administer or enforce a transaction if it is:

(1) required, or is one of the lawful or appropriate methods, to enforce the covered entity's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or

(2) required, or is a usual, appropriate or acceptable method:

(A) to carry out the transaction or the product or service business of which the transaction is a part, and record, service or maintain the consumer's account in the ordinary course of providing the insurance product or service;

(B) to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;

(C) to provide a confirmation, statement or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's agent or broker;

(D) to accrue or recognize incentives or bonuses associated with the transaction that are provided by a covered entity or any other party;

(E) to underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance: account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects or as otherwise required or specifically permitted by federal or state law; or

(F) in connection with:

(i) the authorization, settlement, billing, processing, clearing, transferring, reconciling or collection of amounts charged, debited or otherwise paid using a debit, credit or other payment card, check or account number, or by other payment means;

(ii) the transfer of receivables, accounts or interests therein; or

(iii) the audit of debit, credit or other payment information.

Notes

28 Tex. Admin. Code § 22.18

The provisions of this §22.18 adopted to be effective December 17, 2001, 26 TexReg 10316