FACTA: Affiliate Marketing

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David A. Szwak
Posts: 4126
Joined: Tue Jul 26, 2005 4:15 am

FACTA: Affiliate Marketing

Post by David A. Szwak »

[u3c][b3c]Affiliate Marketing[/b3c][/u3c]

Affiliates must allow consumers to opt out of marketing notices. The FCRA exempts from the definition of “consumer report” information relating to transactions or experiences between the consumer and a person, the communication of such information between affiliates, and the communication of other information among affiliates, though consumers have the right to opt out of the last. Now a consumer may opt out of the use by an affiliate of this exempt information to market its products or services, and affiliates must also notify the consumer both of the possibility that an affiliate may use the consumer’s information for marketing and of the consumer’s right to opt out of such use. The opt-out lasts for 5 years and consumers may extend it for an additional 5 years. States are preempted from regulating the subject matter of this provision.
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Return to “FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.”