Utah Admin. Code R590-206-8 - Form of Opt Out Notice to Consumers and Opt Out Methods

(1)

(a) If a licensee is required to provide an opt out notice under Subsection R590-206-12(1), it shall provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out and that states:

(i) that the licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party;

(ii) that the consumer has the right to opt out of that disclosure; and

(iii) that the consumer may exercise the right to opt out.

(b) A licensee provides an adequate opt out notice of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee:

(i) identifies each category of nonpublic personal financial information that it discloses or reserves the right to disclose, and each category of nonaffiliated third parties to which the licensee discloses the information, as described in Subsections R590-206-7(1)(b) and R590-206-7(1)(c), and states that the consumer can opt out of the disclosure of that information; and

(ii) identifies the insurance product or service that the consumer obtains from the licensee, either singly or jointly, to which the opt out direction applies.

(c) A licensee provides a reasonable means to exercise an opt out right if it:

(i) designates check-off boxes in a prominent position on the relevant forms with the opt out notice;

(ii) includes a reply form with the opt out notice;

(iii) provides an electronic means to opt out, such as a form that can be sent via email or a process on the licensee's website, if the consumer agrees to the electronic delivery of information; or

(iv) provides a toll-free telephone number that consumers may call to opt out.

(d) A licensee does not provide a reasonable means of opting out if:

(i) the only means of opting out is for the consumer to write a letter to exercise that opt out right; or

(ii) the only means of opting out is using a check-off box that the licensee provided with an initial notice but did not include with any subsequent notice.

(e) A licensee may require each consumer to opt out through a specific means if that means is reasonable for the consumer.

(2) A licensee may provide the opt out notice together with or on the same written or electronic form as the initial notice the licensee provides in accordance with Section R590-206-5.

(3) If a licensee provides an opt out notice later than required for the initial notice under Section R590-206-5, the licensee shall include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.

(4)

(a) If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice.

(b) The opt out notice shall explain how the licensee will treat an opt out direction by a joint consumer under this Subsection (4).

(c) Any joint consumer may exercise the right to opt out.

(d) A licensee may:

(i) treat an opt out direction by a joint consumer as applying to all joint consumers; or

(ii) permit each joint consumer to opt out separately.

(e) If a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all joint consumers.

(f) A licensee may not require all joint consumers to opt out before it implements any opt out direction.

(5) A licensee shall comply with a consumer's opt out direction as soon as reasonably practicable after the licensee receives it.

(6) A consumer may exercise the right to opt out at any time.

(7)

(a) A consumer's direction to opt out is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

(b) When a customer relationship terminates, the customer's opt out direction continues to apply to the nonpublic personal financial information the licensee collected during or related to that relationship.

(c) If the individual establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship does not apply to the new relationship.

(8) When a licensee is required to deliver an opt out notice by this section, the licensee shall deliver it according to Section R590-206-10.

Notes

Utah Admin. Code R590-206-8

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017 Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023