1. (a) Except as allowed under 3 AAC 26.605 - 3 AAC 26.749, a licensee may not directly or through an affiliate disclose to a nonaffiliated third party nonpublic personal financial information unless the consumer does not opt out after the licensee has provided the consumer

   1. (1) the initial notice required under 3 AAC 26.610;
   2. (2) the opt out notice required under 3 AAC 26.625; and

   3. (3) a reasonable opportunity to opt out by a means that may include the following:

      1. (A) mailing the notices to the consumer and allowing the consumer to opt out by mailing a form, calling a toll-free telephone number, or other reasonable means within 45 days after the date the licensee mailed the notices;
      2. (B) if a customer opens an online account with the licensee and agrees to receive the notices electronically, allowing the customer to opt out by any reasonable means within 30 days after the date the customer acknowledges receipt of the notices sent in conjunction with opening the account;
      3. (C) for an isolated transaction with a consumer, by providing the notices at the time of the transaction and requesting that the consumer decide whether to opt out before completing the transaction.

2. (b) A licensee may allow a consumer to opt out of disclosure

   1. (1) of certain nonpublic personal financial information; or
   2. (2) to certain nonaffiliated third parties.

(Eff. 1/1/2005, Register 172)