(a) In general. The opt-out notice must
be provided so that each consumer can
reasonably be expected to receive actual
notice. For opt-out notices provided
electronically, the notice may be
provided in compliance with either the
electronic disclosure provisions in this
subpart or the provisions in section 101
of the Electronic Signatures in Global
and National Commerce Act, 15 U.S.C.
7001 et seq.
(b) Examples of reasonable
expectation of actual notice. A
consumer may reasonably be expected
to receive actual notice if the affiliate
providing the notice:
(1) Hand-delivers a printed copy of
the notice to the consumer;
(2) Mails a printed copy of the notice
to the last known mailing address of the
consumer;
(3) Provides a notice by e-mail to a
consumer who has agreed to receive
electronic disclosures by e-mail from
the affiliate providing the notice; or
(4) Posts the notice on the Internet
Web site at which the consumer
obtained a product or service
electronically and requires the
consumer to acknowledge receipt of the
notice.
(c) Examples of no reasonable
expectation of actual notice. A
consumer may not reasonably be
expected to receive actual notice if the
affiliate providing the notice:
(1) Only posts the notice on a sign in
a branch or office or generally publishes
the notice in a newspaper;
(2) Sends the notice via e-mail to a
consumer who has not agreed to receive
electronic disclosures by e-mail from
the affiliate providing the notice; or
(3) Posts the notice on an Internet
Web site without requiring the
consumer to acknowledge receipt of the
notice.
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