[Code of Federal Regulations]
[Title 12 Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR40.12]

[Page 370-371]
 
                       TITLE 12--BANKS AND BANKING
 
   CHAPTER I--COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY
 
PART 40--PRIVACY OF CONSUMER FINANCIAL INFORMATION--Table of Contents
 
                    Subpart B--Limits on Disclosures
 
Sec. 40.12  Limits on sharing account number information for marketing purposes.

    (a) General prohibition on disclosure of account numbers. A bank 
must not, directly or through an affiliate, disclose, other than to a 
consumer reporting agency, an account number or similar form of access 
number or access code for a consumer's credit card account, deposit 
account, or transaction account to any nonaffiliated third party for use 
in telemarketing, direct mail marketing, or other marketing through 
electronic mail to the consumer.
    (b) Exceptions. Paragraph (a) of this section does not apply if a 
bank discloses an account number or similar form of access number or 
access code:

[[Page 371]]

    (1) To the bank's agent or service provider solely in order to 
perform marketing for the bank's own products or services, as long as 
the agent or service provider is not authorized to directly initiate 
charges to the account; or
    (2) To a participant in a private label credit card program or an 
affinity or similar program where the participants in the program are 
identified to the customer when the customer enters into the program.
    (c) Examples. (1) Account number. An account number, or similar form 
of access number or access code, does not include a number or code in an 
encrypted form, as long as the bank does not provide the recipient with 
a means to decode the number or code.
    (2) Transaction account. A transaction account is an account other 
than a deposit account or a credit card account. A transaction account 
does not include an account to which third parties cannot initiate 
charges.