S.D. Admin. R. 20:06:45:14

Current through Register Vol. 50, page 147, May 28, 2024

Section 20:06:45:14 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

(1) Exceptions for processing transactions at consumer's request. The requirements for initial notice in subdivision 20:06:45:04(1)(B), the opt out in §§ 20:06:45:07 and 20:06:45:10, and service providers and joint marketing in § 20:06:45:13 do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with:

(A) Servicing or processing an insurance product or service that a consumer requests or authorizes, or adjusting a claim submitted by a consumer;

(B) Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity;

(C) A proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer;

(D) Reinsurance or stop loss or excess loss insurance; or

(E) Informing a policyholder or the policyholder's producer or broker when necessary with respect to a claim asserted or paid under the policy and servicing or processing such claim.

(2) "Necessary to effect, administer, or enforce a transaction" means that the disclosure is:

(A) Required, or is one of the lawful or appropriate methods, to enforce the licensee's rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or

(B) Required, or is a usual, appropriate, or acceptable method:

(1) To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumer's account in the ordinary course of providing the insurance product or service;

(2) To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;

(3) To provide a confirmation, explanation, statement, or other record of the transaction, or information on the status or value of the insurance product or service to the consumer or the consumer's producer;

(4) To accrue or recognize incentives or bonuses associated with the transaction that are provided by a licensee or any other party;

(5) To underwrite insurance at the consumer's request or for any of the following purposes as they relate to a consumer's insurance, or, when the consumer is a workers' compensation beneficiary or third-party claimant, to the policyholder's insurance: account administration, reporting, investigating or preventing fraud or material misrepresentation, processing premium payments, processing, adjusting, paying, and settling insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by federal or state law; or

(6) In connection with:

(a) The authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or account number, or by other payment means;

(b) The transfer or collection of debts, receivables, accounts, or interests therein; or

(c) The audit of debit, credit, or other payment information.

S.D. Admin. R. 20:06:45:14

28 SDR 15, effective 7/1/2001.

General Authority: SDCL 58-2-41.

Law Implemented: SDCL 58-2-41.