Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 22 - PRIVACY
Subchapter A - INSURANCE CONSUMER FINANCIAL INFORMATION PRIVACY
Section 22.11 - Form of Opt Out Notice to Consumers and Opt Out Methods
Current through Reg. 50, No. 13; March 28, 2025
(a) Clear and conspicuous notice. If a covered entity is required to provide an opt out notice under § 22.14(a) of this title (relating to Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties), it must provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt out. The notice must state:
(b) Adequate opt out notice. A covered entity provides adequate notice that the consumer can opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the covered entity:
(c) Reasonable opt out means. A covered entity provides a reasonable means to exercise an opt out right if it:
(d) Unreasonable opt out means. A covered entity does not provide a reasonable means of opting out if:
(e) Specific opt out means. A covered entity may require each consumer to opt out through a specific means, so long as that means is reasonable for that consumer.
(f) Opt out notice with or on a written or electronic form. A covered entity may provide the opt out notice together with, or on the same written or electronic form as, the initial notice the covered entity provides in accord with § 22.8 of this title (relating to Initial Privacy Notice).
(g) Opt out notice later than initial notice. If a covered entity provides the opt out notice later than required for the initial notice in accord with § 22.8 of this title, the covered entity must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.
(h) Joint relationships. A covered entity must use the procedures set out in paragraphs (1) - (4) of this subsection when joint relationships between consumers are involved.
(i) Examples. The following are examples of how a covered entity should treat a joint relationship. If John and Mary are both named policyholders on a homeowner's insurance policy issued by a covered entity and the covered entity sends policy statements to John's address, the covered entity may do any of the following, but it must explain in its opt out notice which opt out policy the covered entity will follow:
(j) Opt out direction. A covered entity must comply with a consumer's opt out direction as soon as reasonably practicable after the covered entity receives it.
(k) Consumer's right to opt out. A consumer may exercise the right to opt out at any time.
(l) A consumer's direction. A consumer's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer has agreed to conduct business electronically, electronically.
(m) Customer relationship. When a customer relationship terminates, the customer's opt out direction continues to apply to the nonpublic personal financial information the covered entity collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with the covered entity, the opt out direction that applied to the former relationship does not apply to the new relationship.
(n) Opt out delivery. When a covered entity is required to deliver an opt out notice by this section, the covered entity must deliver it according to § 22.13 of this title (relating to Delivery).
(o) Notice content requirements. A model privacy form that meets the notice content requirement of this section appears in 74 Federal Register 62890 (December 1, 2009). A covered entity may use the applicable model privacy form, consistent with the instructions in § 22.27 of this title (relating to General Instructions).