3610.1 A licensee shall not, directly or through an affiliate, disclose other than to a consumer reporting agency, an account number or similar form of access number or access code for consumer's credit card account, deposit account or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer.

3610.2 Section 3610.1 shall not apply if a licensee discloses an account number or similar form of access number or access code:

1. (a) To the licensee's service provider solely in order to perform marketing for the licensee's own products or services, as long as the service provider is not authorized to directly initiate charges to the account;
2. (b) To a licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or
3. (c) To a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

3610.3 For the purposes of this section, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges.

3610.4 For purposes of section, a policy number or similar form of access number or access code, does not include a number or code in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or the code.

SOURCE: Emergency Rulemaking published at 47 DCR 9052(November 10, 2000) [EXPIRED]; Emergency Rulemaking published at 48 DCR 2356(March 16, 2001) [EXPIRED]; as Emergency Rulemaking published at 48 DCR 6119(July 1, 2001) [EXPIRED]; as Final Rulemaking published at 48 DCR 8005 (August 24, 2001).