I'm looking for an Opt-In form. Does anyone know where I can find one?

Opt-in for which requirement?

For a national bank to share credit report information with it's affiliate consumer discount company.

You may have a difficult time finding this. Current FCRA law requires only an opt-out, not an opt-in. Most institutions don't go beyond what is required on this.

When it becomes effective, Section 214 of the FACT Act will trigger another requirement if the information is to be used for marketing purposes, but this will also be an opt-out rather than an opt-in.

Ted, I consider you "the source" regarding section 214. Any idea when it will be released? Also, what is the holdup? Not that I mind waiting for a new regulation, but don't understand what is so unique about this reg. Perhaps the regulators performed their own risk assessment and gave this a low priority.

Trying to guess when this will happen is not promising. This Sunday will mark 1 1/2 YEARS since the proposed reg was published in the Federal Register on 7/15/04! My inclination is to say that it can't be much longer, but who would have thought it would even be this long?

I think it has been delayed by conflicting demands for other regs, including the other FACT Act regs. There will be at least a six month gap between the issuance of the final regs and the mandatory compliance date, so the earliest it will be required would be the second half of this year. I think they wil probably also allow institutions some additional leeway to wail until their next annual privacy notice.

Jack/Pegasus raises a good point. The proposed regs, while requiring an opt-out, say that one of the ways that you can satisfy the opt-out requirement by giving an opt-in! I don't know how many institutions will want to do that, but it's proposed as an option.

What about doing business w/ states that require OPT-IN for GBLA. Doesn't it also apply to FACTA? So would the original posters ? be appropriate?

GLB allows for state laws and regulations that are more protective of the consumer, while the FCRA (of which FACTA is a part) is supposed to preempt state law. My statement, however, was "Current FCRA law requires only an opt-out, not an opt-in." If someone has a question about a particular state law, it would probably be best to discuss it in the state forum for that state.