1. (a) A licensee shall provide any required notices, including notices provided at the consumer's request, so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. Notices must be made available in a form capable of retention by the consumer.

   1. (1) Hand-delivers a printed copy of the notice to the consumer;
   2. (2) Mails a printed copy of the notice to the last known address of the consumer separately, or in a policy, billing or other written communication;
   3. (3) For a consumer who conducts transactions electronically, posts the notice on the electronic site in accordance with section 2689.4(a) and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service;

   4. (4) For an isolated transaction with a consumer, such as the licensee providing an insurance quote or selling the consumer travel insurance, posts the notice in a conspicuous location and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular insurance product or service.

      A licensee may not reasonably expect that a consumer will receive actual notice if it:

   5. (5) Only posts a sign in its office or generally publishes advertisements of its privacy policies and practices; or
   6. (6) Sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

   A licensee may reasonably expect that a consumer will receive actual notice if the licensee, for example:

2. (b) A licensee may not provide any notice required by these regulations solely by orally explaining the notice, either in person or over the telephone.

Note: Authority cited: Sections 791-791.27, Insurance Code; and 15 U.S.C. Sections 6801, 6805 and 6807. Reference: Section 791.04, Insurance Code; and 15 U.S.C. Sections 6802 and 6803.

History

1. New section filed 11-22-2002; operative 3-24-2003 (Register 2002, No. 47).