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Home > News & Events > Press Releases

Joint Press Release
October 25, 2007

Agencies Issue Final Rules on Affiliate
Marketing
Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
National Credit Union Administration
Office of the Comptroller of the Currency
Office of Thrift Supervision
For immediate release
Share

The federal financial regulatory agencies issued final rules today that
provide consumers with an opportunity to "opt out" before a financial
institution uses information provided by an affiliated company to market
its products and services to the consumer. The final rules on affiliate
marketing implement section 214 of the Fair and Accurate Credit
Transactions Act of 2003, which amends the Fair Credit Reporting Act
(FCRA).
The final rules generally prohibit a financial institution from using certain
information received from an affiliate to make a solicitation to a
consumer unless the consumer is given notice and a reasonable
opportunity to opt out of such solicitations, and the consumer does not
opt out. The final rules apply to information obtained from the
consumer’s transactions or account relationships with an affiliate, any
application the consumer submitted to an affiliate, and third-party
sources, such as credit reports, if the information is to be used to send

marketing solicitations. Nothing in the final rules supersedes or amends
a consumer’s existing right to opt out of the sharing of non-transaction or
experience information under section 603(d) of the FCRA.
The final rules also implement the statutory exceptions to the affiliate
marketing notice and opt-out requirement. The appendix to the final
rules contains model forms to facilitate compliance with the notice and
opt-out requirement.
The final rules, issued by the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance Corporation, the
National Credit Union Administration, the Office of the Comptroller of the
Currency, and the Office of Thrift Supervision, are attached. The final
rules are effective on January 1, 2008. All covered entities must comply
with the rules no later than October 1, 2008.
Substantially similar rules will be issued separately by the Federal Trade
Commission and the Securities and Exchange Commission. The
Federal Register notice is attached.
Federal Register Notice 454 KB PDF | TEXT

Media Contacts:
Federal Reserve
Board

Deborah
Lagomarsino

FDIC

David Barr

NCUA

Cherie Umbel

OCC

Kevin Mukri

OTS

William Ruberry

202-4522955
202-8986992
703-5186337
202-8745770
202-9066677

Last Update: October 25, 2007

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