OAR 836-080-0541
Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of ORS 746.665(1)(k)


(1)

Form of opt in notice. The form of the disclosure authorization (the opt in form) is governed by ORS 746.630 (Authorization for disclosure of certain information), and is used with respect to disclosures of personal information that do not meet one or more of the conditions specified in 746.665 (Limitations and conditions on disclosure of certain information)(1).

(2)

Form of opt out notice. Sections (2) to (10) of this rule govern the form of and requirements applicable to an opt out notice when the notice is required by ORS 746.665 (Limitations and conditions on disclosure of certain information)(1)(k). If a licensee is required to provide an opt out notice by ORS 746.665 (Limitations and conditions on disclosure of certain information)(1)(k), the licensee shall accurately explain the right to opt out under that provision. The notice shall state:

(a)

That the licensee discloses or reserves the right to disclose personal financial information about its consumer to a nonaffiliated third party;

(b)

That the consumer has the right to opt out of that disclosure; and

(c)

A reasonable means by which the consumer may exercise the opt out right.

(3)

The following are examples for purposes of section (2) of this rule:

(a)

Adequate opt out notice. A licensee provides adequate notice that the consumer may opt out of the disclosure of personal financial information to a nonaffiliated third party if the licensee:

(A)

Identifies all of the categories of personal financial information that it discloses or reserves the right to disclose, and all of the categories of nonaffiliated third parties to which the licensee discloses the information as permitted by ORS 746.665 (Limitations and conditions on disclosure of certain information)(1)(k), and states that the consumer may opt out of the disclosure of that information; and

(B)

Identifies the insurance products or services that the consumer obtains from the licensee, either singly or jointly, to which the opt out direction would apply.

(b)

Reasonable opt out means. A licensee provides a reasonable means to exercise an opt out right if it:

(A)

Designates check-off boxes in a prominent position on the relevant forms with the opt out notice;

(B)

Includes a reply form together with the opt out notice;

(C)

Provides an electronic means to opt out, such as a form that can be sent by electronic mail or a process at the licensee’s web site, if the consumer agrees to the electronic delivery of information; or

(D)

Provides a toll-free telephone number that the consumers may call to opt out.

(c)

Unreasonable opt out means. A licensee does not provide a reasonable means of opting out if:

(A)

The only means of opting out is for the consumer to write the consumer’s own letter to exercise that opt out right; or

(B)

The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that the licensee provided with the initial notice but did not include with the subsequent notice.

(d)

Specific opt out means. A licensee may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

(4)

Same form as initial notice permitted. A licensee may provide the opt out notice for purposes of ORS 746.665 (Limitations and conditions on disclosure of certain information)(1)(k) together with or on the same written or electronic form as the initial notice the licensee provides in accordance with OAR 836-080-0516 (Initial Notice to Consumers).

(5)

Initial notice required when opt out notice delivered subsequent to initial notice. If a licensee provides the opt out notice later than required for the initial notice in accordance with OAR 836-080-0516 (Initial Notice to Consumers), the licensee shall also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.

(6)

The following governs joint relationships:

(a)

If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt out notice. The licensee’s opt out notice shall explain how the licensee will treat an opt out direction by a joint consumer as explained in subsection (e) of this section.

(b)

Any of the joint consumers may exercise the right to opt out. The licensee may either:

(A)

Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or

(B)

Permit each joint consumer to opt out separately.

(c)

If a licensee permits each joint consumer to opt out separately, the licensee shall permit one of the joint consumers to opt out on behalf of all of the joint consumers.

(d)

A licensee may not require all joint consumers to opt out before the licensee implements any opt out direction.

(e)

The following is an example for purposes of this section. If John and Mary are both named policyholders on a homeowner’s insurance policy issued by a licensee and the licensee sends policy statements to John’s address, the licensee may do any of the following, but the licensee shall explain in the opt out notice of notice of the licensee which opt out policy the licensee will follow:

(A)

Send a single opt out notice to John’s address, but the licensee shall except an opt out direction from either John or Mary.

(B)

Treat an opt out direction by either John or Mary as applying to the entire policy. If the licensee does so and John opts out, the licensee may not require Mary to opt out as well before implementing John’s opt out direction.

(C)

Permit John and Mary to make different opt out directions. If the licensee does no:
(i)
The licensee shall permit John and Mary to opt out for each other;
(ii)
If both opt out, the licensee shall permit both of them to notify the licensee in a single response, such as on a form or through a telephone call; and
(iii)
If John opts out and Mary does not, the licensee may disclose personal financial information only about Mary but not about John, and not about John and Mary jointly.

(7)

Time to comply with opt out. A licensee shall comply with a consumer’s opt out direction as soon as reasonably practicable after the licensee receives the direction.

(8)

Continuing right to opt out. A consumer may exercise the right to opt out at any time.

(9)

The duration of a consumer’s opt out direction is governed as follows:

(a)

A consumer’s direction to opt out under this rule is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

(b)

When a customer relationship terminates, the customer’s opt out direction continues to apply to the personal financial information that the licensee collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the licensee, the opt out direction that applied to the former relationship does not apply to the new relationship.

(10)

Delivery. When a licensee is required to deliver an opt out notice by this rule, the licensee shall deliver it according to OAR 836-080-0536 (Delivery).

Source: Rule 836-080-0541 — Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of ORS 746.665(1)(k), https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-080-0541.

836–080–0001
Statutory Authority
836–080–0005
Definitions
836–080–0014
Duties of Agent
836–080–0022
Duties of Insurers that Use Agents Insurance Producers
836–080–0029
Duties of Replacing Insurers that Use Agents
836–080–0034
Duties of the Existing Insurer
836–080–0039
Duties of Insurers with Respect to Direct Response Solicitations
836–080–0043
Violations and Penalties
836–080–0050
Authority
836–080–0055
Unfair Discrimination Identified
836–080–0080
Definition, Claims Handling Services
836–080–0085
Annual Report
836–080–0090
Suitability in the Sale of Life Insurance
836–080–0105
Statutory Authority
836–080–0110
Applicability
836–080–0115
Definitions
836–080–0120
Statement as to Participation Required Upon Request Before Delivery of Policy
836–080–0125
Prohibited Representations Regarding Participation Rights
836–080–0130
Dividend Statement Permitted
836–080–0135
Dividend Rights Accrue Upon Declaration of Dividends
836–080–0140
Unfair Discrimination in Allocation of Dividends Prohibited
836–080–0145
Unfair Forfeiture of Dividend for Failure to Renew Prohibited
836–080–0150
Policyholder Dividend Rights of Group Members and Dividend Group Policyholders
836–080–0155
False or Deceptive Publications by Insurer Prohibited
836–080–0160
Use of Special Certifications and Professional Designations by Insurance Producers
836–080–0165
Notice of Insurance Division Assistance
836–080–0170
Statutory Authority
836–080–0172
Applicability
836–080–0175
Exemptions
836–080–0178
Definitions
836–080–0180
Duties of Insurers and of Insurance Producers
836–080–0183
Insurance Producer Training
836–080–0185
Compliance Mitigation
836–080–0188
Recordkeeping
836–080–0190
Annuity Sales
836–080–0193
Effective Date and Operative Date
836–080–0200
Electronic Payment of Claims
836–080–0205
Statutory Authority, Purpose, and Applicability
836–080–0210
Definitions
836–080–0215
Claim Files
836–080–0220
Misrepresentation and Other Prohibited Claim Practices
836–080–0225
Required Claim Communication Practices
836–080–0230
Standard for Prompt Claim Investigation
836–080–0235
Standards for Prompt and Fair Settlements — Generally
836–080–0240
Standards for Prompt and Fair Total Loss Settlements — Automobile Insurance
836–080–0250
Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards
836–080–0305
Statutory Authority
836–080–0310
Definitions
836–080–0315
Providing Things of Value to Intermediaries Generally Prohibited
836–080–0320
Miscellaneous Things of Value
836–080–0325
Business Development Activities
836–080–0335
Gifts
836–080–0337
Real Property Information
836–080–0340
Assistance in Qualifying a Subdivision
836–080–0345
Automatic Change in Monetary Limits
836–080–0355
Title Insurer Responsible for Violations by Agent
836–080–0360
Use by Title Company of an Intermediary’s Office
836–080–0365
Filing Escrow Rates Required
836–080–0370
Instruction of Title Company Employees About Rules Required
836–080–0425
Applicability
836–080–0430
Disclosure of Use of Credit History or Insurance Scores
836–080–0435
Policies Governing Credit Histories and Insurance Scores
836–080–0436
Absence of or Inability to Determine Credit History
836–080–0438
Definition of Adverse Underwriting Decision
836–080–0440
Unfair Insurance Trade Practice
836–080–0501
Authority
836–080–0506
Definitions and Examples
836–080–0511
Application of Notice Requirements
836–080–0516
Initial Notice to Consumers
836–080–0519
Information to be Included in Initial Privacy Notice
836–080–0523
Annual Notice
836–080–0526
Information to be Included in Annual Notice
836–080–0531
Revised Privacy Notices
836–080–0536
Delivery
836–080–0541
Opt in Notice
836–080–0546
Limits on Sharing Account Number Information for Marketing Purposes
836–080–0551
Authorization Request Delivery
836–080–0600
Authority
836–080–0610
Definitions and Examples
836–080–0615
Personal Information Notice
836–080–0620
Notice of Personal Financial Information Practices
836–080–0625
Alternative Procedures
836–080–0630
Application of Notice Requirements
836–080–0635
Initial Notice to Consumers
836–080–0640
Information to Be Included in Initial Privacy Notice
836–080–0645
Annual Notice
836–080–0650
Information to Be Included in Annual Notice
836–080–0655
Revised Privacy Notices
836–080–0660
Delivery
836–080–0665
Authorization
836–080–0670
Authorization Exemptions
836–080–0675
Disclosure Without Authorization
836–080–0680
Opt in Notice
836–080–0685
Limits on Sharing Account Number Information for Marketing Purposes
836–080–0690
Authorization Request Delivery
836–080–0695
Access to Recorded Personal Information
836–080–0700
Correction, Amendment or Deletion of Recorded Personal Information
836–080–0750
Purpose
836–080–0755
Application of OAR 836-080-0750 to 836-080-0775
836–080–0760
Definitions for OAR 836-080-0750 to 836-080-0775
836–080–0765
Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation
836–080–0770
Practices Declared False, Misleading, Deceptive or Unfair, Regardless of Location
836–080–0775
Severability
836–080–0800
Definitions
836–080–0805
Statutory Authority, Purpose, and Applicability
836–080–0810
Provision of Commercial Loss Runs
Last Updated

Jun. 8, 2021

Rule 836-080-0541’s source at or​.us