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
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
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-
680.3 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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