(a) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph (b) of this section. This part:
(1) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices;
(2) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties; and
(3) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by “opting out” of that disclosure, subject to the exceptions in §§ 313.13, 313.14, and 313.15.
(b) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those “financial institutions” over which the Federal Trade Commission (“Commission”) has rulemaking authority pursuant to section 504(a)(1)(C) of the Gramm-Leach-Bliley Act. An entity is a “financial institution” if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The “financial institutions” subject to the Commission's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as “You.” Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519(b) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.
[65 FR 33677, May 24, 2000, as amended at 86 FR 70025, Dec. 9, 2021]
Notes of Decisions
Fed. Trade Comm'n v. Ameridebt, Inc., 343 F. Supp. 2d 451 (D. Maryland 2004).
· cites it 2× “See 16 C.F.R. §§ 313.1 (b) & 313.2. 7 Both the proposed and final Rule explicitly include a “credit counseling service” as an example of a financial institution.”
Individual Reference Servs. Grp., Inc. v. Fed. Trade Comm'n, 145 F. Supp. 2d 6 (D.D.C. 2001).
“PIFI also includes only information about individuals who obtain financial services primarily for family, personal, or household purposes — therefore excluding all information provided by individuals for business purposes.”
Ameriquest Mortg. Co. v. Off. of the Attorney Gen., 170 Wash. 2d 418 (Wash. 2010).
“, which, in turn, is defined as “third parties that are not financial institutions, but that receive nonpublic personal information from financial institutions with whom they are not affiliated,” 16 C.F.R. § 313.1 (b). Ameriquest is a “you,” and the AGO is an “other person.”
Ameriquest Mortg. v. Off. of Atty. Gen., 241 P.3d 1245 (Wash. 2010).
“, which, in turn, is defined as "third parties that are not financial institutions, but that receive nonpublic personal information from financial institutions with whom they are not affiliated," 16 C.F.R. § 313.1 (b). Ameriquest is a "you," and the AGO is an "other person.”
Martino v. Barnett, 595 S.E.2d 65 (W. Va. 2004).
“16 C.F.R. §§ 313.1 to 313.18 (Federal Trade Commission); 17 C.”
Doctors Direct Ins., Inc. v. Bochenek, 2015 IL App (1st) 142919 (Ill. App. Ct. 2015).
· cites it 2× “The cited regulations apply to "financial institutions" and "other persons" over whom the Federal Trade Commission has enforcement authority pursuant to section 505(a)(7) of the Gramm-Leach-Bliley Act ( 16 C.F.R. § 313.1 (b) (2012)), which Bochenek does not claim covers any…”
Doctors Direct Ins., Inc. v. Bochenek, 2015 IL App (1st) 142919 (Ill. App. Ct. 2015).
“The cited regulations apply to “financial institutions” and “other persons” over whom the Federal Trade Commission has enforcement authority pursuant to section 505(a)(7) of the Gramm-Leach-Bliley Act ( 16 C.F.R. § 313.1 (b) (2012)), which Bochenek does not claim covers any…”
Fee v. Illinois Inst. of Tech. (N.D. Ill. 2022).
· cites it 2× “But Fee’s proposed interpretation is unnatural and relies on reading the term “financial institution” in isolation from 1 In its briefs, IIT cites the substantially similar provision that, at the time, appeared in the FTC’s privacy rule at 16 C.F.R. § 313.1 (b). At the time IIT…”
Valley Nat'l Bank v. Engle Eyewear, Inc. (Pa. Super. Ct. 2019).
“16 C.F.R. § 313.1 (b) (emphasis added). Moreover, in this Commonwealth, while our General Assembly has passed legislation prohibiting the public posting or display of an individual’s social security number, such prohibitions do not apply to “a document that originated with or is…”
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