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PART 680--AFFILIATE MARKETING

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PART 680--AFFILIATE MARKETING Powered By Docstoc
					                                                                 Federal Trade Commission                                                                              § 680.3

                                                                 from other text, such as inside a bor-                    680.22 Scope and duration of opt-out.
                                                                 der; and                                                  680.23 Contents of opt-out notice; consoli-
                                                                   (iv) In a type style that is distinct                       dated and equivalent notices.
                                                                                                                           680.24 Reasonable opportunity to opt out.
                                                                 from the principal type style used on                     680.25 Reasonable and simple methods of
                                                                 the same page, such as bolded,                                opting out.
                                                                 italicized, underlined, and/or in a color                 680.26 Delivery of opt-out notices.
                                                                 that contrasts with the color of the                      680.27 Renewal of opt-out.
                                                                 principal text on the page, if the solici-                680.28 Effective date, compliance date, and
                                                                 tation is in more than one color.                             prospective application.
                                                                   (b) Long notice. The long notice shall                    AUTHORITY: Sec. 214(b), Pub. L. 108-159; 15
                                                                 be a clear and conspicuous, and simple                    U.S.C. 1681s-3
                                                                 and easy to understand statement as                         SOURCE: 72 FR 61455, Oct. 30, 2007, unless
                                                                 follows:                                                  otherwise noted.
                                                                   (1) Content. The long notice shall
                                                                 state the information required by sec-                    § 680.1 Purpose and scope.
                                                                 tion 615(d) of the Fair Credit Reporting                     (a) Purpose. The purpose of this part
                                                                 Act (15 U.S.C. 1681m(d)). The long no-                    is to implement section 214 of the Fair
                                                                 tice shall not include any other infor-                   and Accu-rate Credit Transactions Act
                                                                 mation that interferes with, detracts                     of 2003, which (by adding section 624 to
                                                                 from, contradicts, or otherwise under-                    Fair Credit Reporting Act) regulates
                                                                 mines the purpose of the notice.                          the use, for marketing solicitation pur-
                                                                   (2) Form. The long notice shall:                        poses, of consumer information pro-
                                                                   (i) Appear in the solicitation;                         vided by persons affiliated with the
                                                                   (ii) Be in a type size that is no small-                person making the solicitation.
                                                                 er than the type size of the principal                       (b) Scope. This part applies to any
                                                                 text on the same page, and, for solici-                   person over which the Federal Trade
                                                                 tations provided other than by elec-                      Commission has jurisdiction that uses
                                                                 tronic means, the type size shall in no                   information from its affiliates for the
                                                                 event be smaller than 8-point type;                       purpose of marketing solicitations, or
                                                                   (iii) Begin with a heading in capital                   provides information to its affiliates
                                                                 letters and underlined, and identifying                   for that purpose.
                                                                 the long notice as the ‘‘PRESCREEN &
                                                                 OPT-OUT NOTICE’’;                                         § 680.2 Examples.
                                                                   (iv) Be in a type style that is distinct
                                                                                                                              The examples in this part are not ex-
                                                                 from the principal type style used on
                                                                                                                           clusive. Compliance with an example,
                                                                 the same page, such as bolded,
                                                                                                                           to the extent applicable, constitutes
                                                                 italicized, underlined, and/or in a color
                                                                                                                           compliance with this part. Examples in
                                                                 that contrasts with the color of the
                                                                                                                           a paragraph illustrate only the issue
                                                                 principal text on the page, if the solici-
                                                                                                                           described in the paragraph and do not
                                                                 tation is in more than one color; and
                                                                                                                           illustrate any other issue that may
                                                                   (v) Be set apart from other text on
                                                                                                                           arise in this part.
                                                                 the page, such as by including a blank
                                                                 line above and below the statement,                       § 680.3 Definitions.
                                                                 and by indenting both the left and
                                                                 right margins from other text on the                         As used in this part:
                                                                                                                              (a) Act. The term ‘‘Act’’ means the
                                                                 page.
                                                                                                                           Fair Credit Reporting Act (15 U.S.C.
                                                                 § 642.4 Effective date.                                   1681 et seq.).
                                                                                                                              (b) Affiliate. The term ‘‘affiliate’’
                                                                    This part is effective on August 1,
                                                                                                                           means any company that is related by
                                                                 2005.
                                                                                                                           common ownership or common cor-
                                                                                                                           porate control with another company.
                                                                  PART 680—AFFILIATE MARKETING                                (c) Clear and conspicuous. The term
                                                                                                                           ‘‘clear and conspicuous’’ means reason-
                                                                 Sec.                                                      ably under-standable and designed to
                                                                 680.1 Purpose and scope.                                  call attention to the nature and signifi-
                                                                 680.2 Examples.
                                                                 680.3 Definitions.                                        cance of the information presented.
                                                                 680.4–680.20 [Reserved]                                      (d) Common ownership or common cor-
                                                                 680.21 Affiliate marketing opt-out and ex-                porate control. The term ‘‘common own-
ebenthall on PRODPC74 with CFR




                                                                     ceptions.                                             ership or common corporate control’’

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