Section 26-A3607. EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR PROCESSING AND SERVICING TRANSACTIONS

 

3607.1The requirements for initial notice to consumers in subsection 3601.1(b), the opt out notice in §§ 3604 and 3605 and service providers and joint marketing in § 3606 do not apply if the licensee discloses nonpublic personal information:

 

(a)As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer;

 

(b)To service or process a financial product or service requested or authorized by the consumer;

 

(c)To maintain or service the consumer's account with the licensee, or with another entity;

 

(d)In connection with a proposed or actual securitization, secondary market sale, including sales of servicing rights, or similar transaction related to a transaction of the consumer; or

 

(e)Reinsurance, stop loss, or excess loss insurance.

 

3607.2Necessary 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 financial service or financial product;

 

(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, statement or other record of the transaction, or information on the status or value of the insurance service or insurance product to the consumer or the consumer's agent or broker;

 

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

 

(5)To underwrite insurance at the consumer's request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer's insurance: account administration, reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by Federal, State, or District of Columbia law or regulation; or

 

(6)In connection with settling a transaction, including:

 

(A)The authorization, 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 of receivables, accounts or interests therein; or

 

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

 

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).