Form Of Opt Out Notice To Consumers

IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 251 Page 10 01. Opt Out Notice Form. If a licensee is prescribed to provide an opt out notice under Subsection 400.01, it will provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out under Section 400. The notice will state: (3-31-22) a. The licensee discloses or reserves the right to disclose nonpublic personal financial information about its consumer to a nonaffiliated third party; (3-31-22) b. The consumer has the right to opt out of that disclosure; and (3-31-22) c. A reasonable means by which the consumer may exercise the opt out right. (3-31-22) 02. Adequate Opt Out Notice. A licensee provides adequate notice that the consumer can opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee: (3-31-22) a. Identifies all of the categories of nonpublic personal financial information that it discloses or reserves the right to disclose, and all of the categories of nonaffiliated third parties to which the licensee discloses the information, and states that the consumer can opt out of the disclosure of that information; and (3-31-22) b. Identifies the insurance products or services that the consumer obtains from the licensee to which the opt out direction would apply. (3-31-22) 03. Reasonable Means to Exercise an Opt Out Right. A licensee provides a reasonable means to exercise an opt out right if it: (3-31-22) a. Designates check-off boxes in a prominent position on the relevant forms with the opt out notice; (3-31-22) b. Includes a reply form together with the opt out notice; (3-31-22) c. Provides an electronic means to opt out, if the consumer agrees to the electronic delivery of information; or (3-31-22) d. Provides a toll-free telephone number that consumers may call to opt out. (3-31-22) 251. PROVIDING OPT OUT NOTICE TO CONSUMERS AND COMPLYING WITH OPT OUT DIRECTION. 01. Joint Relationships. If two (2) or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice providing any of the joint consumers to exercise the right to opt out. The licensee may either: (3-31-22) a. Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or (3-31-22) b. Permit each joint consumer to opt out separately. (3-31-22) c. A licensee cannot require all joint consumers to opt out before it implements any opt out direction. (3-31-22) 02. Time to Comply with Opt Out. A licensee will comply with a consumer’s opt out direction as soon as reasonably practicable after the licensee receives it. (3-31-22) 03. Continuing Right to Opt Out. A consumer may exercise the right to opt out at any time. (3-31-22) 04. Duration of Consumer’s Opt Out Direction. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 300 Page 11 a. A consumer’s direction to opt out under Sections 250 and 251 is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. (3-31-22) b. If the individual subsequently 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. (3-31-22) 05. Delivery. When a licensee is prescribed to deliver an opt out notice by Section 250, the licensee will deliver it according to Section 350. (3-31-22) 252. -- 299. (RESERVED)