Sec. 216.5 Annual privacy notice to customers required.
(a) (1) General rule. You must provide a clear and conspicuous notice to customers that
accurately reflects your privacy policies and practices not less than annually during the
continuation of the customer relationship. Annually means at least once in any period of 12
consecutive months during which that relationship exists. You may define the 12-consecutive-month
period, but you must apply it to the customer on a consistent basis. (2) Examples. (i) A customer includes a consumer who becomes your customer under the special rules for loans in § 216.4(c).
(ii) You provide a notice annually if you define the 12-consecutive-month period as a calendar year and provide the annual notice to the customer once in each calendar year following the calendar year in which you provided the initial notice. For example, if a customer opens an account on any day of year 1, you must provide an annual notice to that customer by December
31 of year 2.
(b) (1) Termination of customer relationship. You are not required to provide an annual
notice to a former customer. (2) Examples. Your customer becomes a former customer when:
(i) In the case of a deposit account, the account is inactive under your policies;
(ii) In the case of a closed-end loan, the customer pays the loan in full, you charge off the loan, or you sell the loan without retaining servicing rights;
(iii) In the case of a credit card relationship or other open-end credit relationship, you no longer provide any statements or notices to the customer concerning that relationship or you sell the credit card receivables without retaining servicing rights; or
(iv) You have not communicated with the customer about the relationship for a period of 12 consecutive months, other than to provide annual privacy notices or promotional material.
(c) Special rule for loans. If you do not have a customer relationship with a consumer
under the special rule for loans in § 216.4(c)(2), then you need not provide an annual notice to
that consumer under this section.
(d) Delivery. When you are required to deliver an annual privacy notice by this section,
you must deliver it according to § 216.9.
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