Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 2 - Division of Insurance
Chapter 26 - Trade Practices
Article 5 - Privacy of Consumer Financial and Health Information
3 AAC 26.655 - Limitation on sharing account number information for marketing purposes

Universal Citation: 3 AK Admin Code 26.655

Current through February 24, 2025

(a) Except as provided in (b) of this section, a licensee may not disclose directly or through an affiliate a policy number or similar form of access number or access code for a consumer's policy or transaction account to a nonaffiliated third party for use in marketing by telephone or facsimile transmission, direct mail marketing, or electronic mail marketing to a consumer.

(b) A licensee may disclose a policy number or similar form of access number or access code for a consumer's policy or transaction account to a

(1) consumer-reporting agency;

(2) licensee's service provider for the sole purpose of marketing the licensee's own products or services only if the service provider is not authorized to directly initiate charges to the account;

(3) licensee who is an insurance producer for the sole purpose of marketing the licensee's own products or services; or

(4) participant in an affinity program or similar program if the participants in the program are identified to the customer at the time the customer enters into the program.

(c) For purposes of this section, a policy number or similar form of access number or access code for a consumer's policy or transaction account does not include a number or code that is in an encrypted form, unless the licensee provides the recipient with a means to decode the number or code.

(d) In this section, "consumer's policy or transaction account"

(1) means an account other than a deposit account or a credit card account; and

(2) does not include an account to which a third party cannot initiate charges.

In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.162 as AS 21.36.510. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.655, so that the citation to former AS 21.36.162 now refers to the renumbered statute, AS 21.36.510.

Authority:AS 21.06.090

AS 21.36.510

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