Section 679B.856 - Form of opt-out notice to consumers; opt-out methods1. If a licensee is required to provide an opt-out notice pursuant to NAC 679B.864, the notice must contain a clear and conspicuous notice that accurately explains the right to opt out. The notice must state: (a) That the licensee discloses or reserves the right to disclose nonpublic personal financial information about the consumer to a nonaffiliated third party;(b) That the consumer has the right to opt out of that disclosure; and(c) A reasonable means by which the consumer may exercise the right to opt out.2. A licensee provides adequate notice that the consumer may opt out of the disclosure of nonpublic personal financial information to a nonaffiliated third party if the licensee:(a) Identifies all of the categories of nonpublic personal financial information that the licensee discloses or reserves the right to disclose;(b) In the manner provided in NAC 679B.846, identifies all the categories of nonaffiliated third parties to which the licensee discloses the information;(c) States that the consumer may opt out of the disclosure of the information; and(d) Identifies the insurance products or services that the consumer obtains individually or jointly from the licensee to which an opt-out direction will apply.3. A licensee provides a reasonable means to exercise the right to opt out by:(a) Designating check-off boxes in a prominent location on the relevant forms with the opt-out notice;(b) Including a reply form with the opt-out notice;(c) If the consumer agrees to the electronic delivery of information, providing an electronic means to opt out, including a form that can be sent via electronic mail or processed at the website of the licensee; or(d) Providing a toll-free telephone number that a consumer may call to opt out.4. A licensee does not provide a reasonable means of opting out if:(a) The only means of opting out is for the consumer to write his or her own letter to exercise that right; or(b) The only means of opting out, as described in any notice subsequent to the initial notice, is to use a check-off box that the licensee provided with the initial notice, but did not include with the subsequent notice.5. A licensee may require each consumer to use a specific means to opt out if the means of opting out is reasonable for that consumer.6. A licensee may provide the opt-out notice together with or on the same written or electronic form as the initial notice that the licensee provides pursuant to NAC 679B.842.7. If a licensee provides the opt-out notice later than required for the initial notice pursuant to NAC 679B.842, the licensee must also include a written copy or, if the consumer agrees, an electronic copy of the initial notice with the opt-out notice.8. A licensee shall comply with the opt-out direction of a consumer as soon as reasonably practicable after receipt of the direction by the licensee.9. A consumer may exercise the right to opt out at any time.10. A direction of a consumer to opt out pursuant to this section or NAC 679B.858 is effective until the consumer revokes the direction in writing or, if the consumer agrees, electronically.11. When a customer relationship terminates, the opt-out direction continues to apply to the nonpublic personal financial information that the licensee collected during or related to that customer relationship.12. If the natural person subsequently establishes a new customer relationship with the licensee, the opt-out direction that applied to the former relationship does not apply to the new customer relationship.13. When a licensee is required to deliver an opt-out notice pursuant to this section or NAC 679B.858, the licensee shall deliver the notice in the manner provided by NAC 679B.862.Nev. Admin. Code § 679B.856
Added to NAC by Comm'r of Insurance by R130-01, eff. 12-17-2002