1. (a) Except as provided in (b) of this section, a licensee may not disclose directly or through an affiliate a policy number or similar form of access number or access code for a consumer's policy or transaction account to a nonaffiliated third party for use in marketing by telephone or facsimile transmission, direct mail marketing, or electronic mail marketing to a consumer.

2. (b) A licensee may disclose a policy number or similar form of access number or access code for a consumer's policy or transaction account to a

   1. (1) consumer-reporting agency;
   2. (2) licensee's service provider for the sole purpose of marketing the licensee's own products or services only if the service provider is not authorized to directly initiate charges to the account;
   3. (3) licensee who is an insurance producer for the sole purpose of marketing the licensee's own products or services; or
   4. (4) participant in an affinity program or similar program if the participants in the program are identified to the customer at the time the customer enters into the program.
3. (c) For purposes of this section, a policy number or similar form of access number or access code for a consumer's policy or transaction account does not include a number or code that is in an encrypted form, unless the licensee provides the recipient with a means to decode the number or code.

4. (d) In this section, "consumer's policy or transaction account"

   1. (1) means an account other than a deposit account or a credit card account; and
   2. (2) does not include an account to which a third party cannot initiate charges.

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