Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 126 -- Delivery of Opt Out Notices

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1. In general. The opt out notice must be provided so that each consumer can reasonably be expected to receive actual notice. For opt out notices provided electronically, the notice may be provided in compliance with either the electronic disclosure provisions in this subpart or the provisions in section 101 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq.
   
   
2. Examples of reasonable expectation of actual notice. A consumer may reasonably be expected to receive actual notice if the affiliate providing the notice:
   
   
   1. Hand-delivers a printed copy of the notice to the consumer;
      
      
   2. Mails a printed copy of the notice to the last known mailing address of the consumer;
      
      
   3. Provides a notice by e-mail to a consumer who has agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
      
      
   4. Posts the notice on the Internet Web site at which the consumer obtained a product or service electronically and requires the consumer to acknowledge receipt of the notice.
      
      
3. Examples of no reasonable expectation of actual notice. A consumer may not reasonably be expected to receive actual notice if the affiliate providing the notice:
   
   
   1. Only posts the notice on a sign in a branch or office or generally publishes the notice in a newspaper;
      
      
   2. Sends the notice by e-mail to a consumer who has not agreed to receive electronic disclosures by e-mail from the affiliate providing the notice; or
      
      
   3. Posts the notice on an Internet Web site without requiring the consumer to acknowledge receipt of the notice.
      
      

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