My bank owns a travel agency and mortgage company. If we want to set certain criteria such as age and deposit balances to determine who we should send certain travel and mortgage marketing material to,
(1)do we first have to offer an opt-out based on current FCRA rules?
(2) Does it make any difference if the bank sends the information versus giving the list of qualifying bank customers to the affiliates for them to mail out? and finally
(3) Will this change based on the new FACT Act rules section 214 whenever they are finalized?

I have my guesses to these questions but wanted to see what others answers would be. Thank you.

1. Yes - you are proposing to share more than transaction information.
2. Yes - if you don't give the information to your afiliate - no opt-out.
3. Your guess is as good as mine.