Md. Code Regs. 31.16.08.13

Current through Register Vol. 51, No. 24, December 2, 2024

Section 31.16.08.13 - Limits on Sharing Account Number Information for Marketing Purposes

A. Scope. This regulation does not apply to the disclosure of a policy number, or similar form of access number or access code, that is in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or code.

B. Policy or Transaction Account Defined.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined.

(a) "Policy or transaction account" means an account other than a deposit account or a credit card account.

(b) "Policy or transaction account" does not include an account to which third parties cannot initiate charges.

C. A licensee may not, directly or through an affiliate, disclose, other than to a consumer reporting agency, 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 telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

D. Section C of this regulation does not apply if a licensee discloses a policy number or similar form of access number or access code to:

(1) 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) A licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or

(3) 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.

Md. Code Regs. 31.16.08.13