17 CFR § 162.6 - Reasonable opportunity to opt out.

---
identifier: "/us/cfr/t17/s162.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "17 CFR § 162.6 - Reasonable opportunity to opt out."
title_number: 17
title_name: "Commodity and Securities Exchanges"
section_number: "162.6"
section_name: "Reasonable opportunity to opt out."
chapter_name: "COMMODITY FUTURES TRADING COMMISSION"
part_number: "162"
part_name: "PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT REPORTING ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1088, Pub. L. 111-203; 124 Stat. 1376 (2010)."
regulatory_source: "76 FR 43884, July 22, 2011, unless otherwise noted."
cfr_part: "162"
---


# 162.6 Reasonable opportunity to opt out.

(a) *In general.* A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.

(b) *Examples.* A reasonable opportunity to opt out under this subpart is:

(1) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.

(2) If the opt-out notice is sent *via* electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.

(3) If the opt-out notice is sent *via* e-mail (where the consumer has agreed to receive disclosures by e-mail), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.

(4) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.

(5) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.

(6) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.