C.F.R. » Title 16 » CHAPTER I—FEDERAL TRADE COMMISSION › SUBCHAPTER C—REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS › PART 313—PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subpart C—Exceptions

16 C.F.R. § 313.15

Other exceptions to notice and opt out requirements

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(a) Exceptions to opt out requirements. The requirements for initial notice in § 313.4(a)(2), for the opt out in §§ 313.7 and 313.10, and for service providers and joint marketing in § 313.13 do not apply when you disclose nonpublic personal information:

(1) With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;

(2)(i) To protect the confidentiality or security of your records pertaining to the consumer, service, product, or transaction;

(ii) To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;

(iii) For required institutional risk control or for resolving consumer disputes or inquiries;

(iv) To persons holding a legal or beneficial interest relating to the consumer; or

(v) To persons acting in a fiduciary or representative capacity on behalf of the consumer;

(3) To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating you, persons that are assessing your compliance with industry standards, and your attorneys, accountants, and auditors;

(4) To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies (including the Consumer Financial Protection Bureau, a federal functional regulator, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a State insurance authority, with respect to any person domiciled in that insurance authority's State that is engaged in providing insurance, and the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

(5)(i) To a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), or

(ii) From a consumer report reported by a consumer reporting agency;

(6) In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or

(7)(i) To comply with Federal, State, or local laws, rules and other applicable legal requirements;

(ii) To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by Federal, State, or local authorities; or

(iii) To respond to judicial process or government regulatory authorities having jurisdiction over you for examination, compliance, or other purposes as authorized by law.

(b) Examples of consent and revocation of consent. (1) A consumer may specifically consent to your disclosure to a nonaffiliated insurance company of the fact that the consumer has applied to you for a mortgage so that the insurance company can offer homeowner's insurance to the consumer.

(2) A consumer may revoke consent by subsequently exercising the right to opt out of future disclosures of nonpublic personal information as permitted under § 313.7(f).

[65 FR 33677, May 24, 2000, as amended at 86 FR 70026, Dec. 9, 2021]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2001–2023 · leading case: Ameriquest Mortg. Co. v. Off. of the Attorney Gen., 170 Wash. 2d 418 (Wash. 2010).
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Ameriquest Mortg. Co. v. Off. of the Attorney Gen., 170 Wash. 2d 418 (Wash. 2010). · cites it 11× “The financial institution does not have to give notice if the disclosure is done “with the consent or at the direction of the consumer,” § 6802(e)(2); 16 C.F.R. § 313.15 (a)(1); or is necessary to, among other things, “comply with Federal, State, or *426 local laws, rules, and…”
Ameriquest Mortg. v. Off. of Atty. Gen., 241 P.3d 1245 (Wash. 2010). · cites it 11× “The financial institution does not have to give notice if the disclosure is done "with the consent or at the direction of the consumer," § 6802(e)(2); 16 C.F.R. § 313.15 (a)(1); or is necessary to, among other things, "comply with Federal, State, or local laws, rules, and other…”
Ameriquest Mortg. Co. v. Off. of Attorney Gen., 300 P.3d 799 (Wash. 2013). · cites it 2× “§ 6802 (e)(8); 16 C.F.R. § 313.15 (a)(7)(i)-(ii). When a financial institution lawfully discloses nonpublic personal information to a non-affiliated third party pursuant to an exception, the GLBA imposes limits on the nonaffiliated third party’s use or redisclosure of the…”
Martino v. Barnett, 595 S.E.2d 65 (W. Va. 2004). · cites it 3× “16 C.F.R. § 313.15 . During the process of enacting the GLBA, Congress expressed its hope “that State insurance authorities would implement regulations necessary to carry out the purposes of this title and enforce such regulations as provided in this title.”
Individual Reference Servs. Grp., Inc. v. Fed. Trade Comm'n, 145 F. Supp. 2d 6 (D.D.C. 2001). “, 16 C.F.R. § 313.15 (a)(5). In short, the two statutes — and the Regulations passed pursuant to them — complement each other, and the plain language of § 506(c) supports the Regulations.”
Marks v. Global Mortg. Grp. Inc., 218 F.R.D. 492 (S.D.W. Va 2003). “; 16 C.F.R. § 313.15 (a)(7)(i). The court agrees that *496 § 6802(e)(8) of the GLBA permits the defendant to disclose the information sought by the plaintiffs, but for reasons different from those of the Magistrate Judge.”
Parkcentral Global, L.P. v. Brown Inv. Mgmt., L.P., 1 A.3d 291 (Del. 2010). “16 C.F.R. § 313.15 (a). The CFTC and SEC regulations contain essentially the same language.”
Compu-Link Corp. v. PHH Mortg. Corp. (E.D. Cal. 2023). · cites it 2× “§ 6802 (e)(8), 16 C.F.R. 313.15(a)(7)(iii), 15 U.S.C. § 1681b(a)(1) and any other law that is 7 similar, comparable or equivalent to 15 U.”
Alpha Funding Grp., Inc. v. Cont'l Funding, LLC, 17 Misc. 3d 959 (N.Y. Sup. Ct. 2007). · cites it 2× “” 16 CFR 313.15 (a) (7) (iii) similarly provides for an exception to *966 the opt-out requirement “[t]o respond to judicial process or government regulatory authorities having jurisdiction over [the financial institution] for examination, compliance, or other purposes as…”
— 16 C.F.R. § 313.15(a)(7)(iii) — 1 case
Compu-Link Corp. v. PHH Mortg. Corp. (E.D. Cal. 2023). “§ 6802 (e)(8), 16 C.F.R. 313.15(a)(7)(iii), 15 U.S.C. § 1681b(a)(1) and any other law that is 7 similar, comparable or equivalent to 15 U.”
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