69O-128.015. 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 paragraph 69O-128.005(1)(b), F.A.C., the opt out in Rules 69O-128.008 and 69O-128.011, F.A.C., and service providers and joint marketing in Rule 69O-128.014, F.A.C., 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;

(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, or

(d) Reinsurance or stop loss or excess loss insurance.

(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, 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 agent or broker,

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: 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 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 of receivables, accounts or interests therein, or

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

Rulemaking Authority 624.308, 626.9651 FS. Law Implemented 624.307(1), 626.9651 FS. History–New 12-16-01, Formerly 4-128.015.