ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Compliance question of the month: April 2025

Opting out of information sharing under Regulations P and V—is the timing the same?

April 21, 2025
Reading Time: 2 mins read
Compliance question of the month: February 2025

My bank has a question regarding our privacy notice and affiliate sharing. The bank’s privacy notice states that it shares customer information both with nonaffiliated third parties and with our affiliates for marketing purposes and that customers may opt out of having this information shared. The bank gives consumers 30 days to opt out before it begins sharing.

Q However, looking at Regulation V (Fair Credit Reporting Act or FCRA) §1022.24(b)(3)-(4), it appears that the bank does not have to wait 30 days if it presents the privacy notice to customers at the time of an online account opening or in person. Am I interpreting this portion correctly?

A Not quite. Though not explicit, it appears the regulation considers that, for accounts opened online or in person, 30 days is a “reasonable time to opt out.”

The examples in Regulation V’s §1022.24(b)(3) and (b)(4) that you cite indicate that requiring the consumer to decide to opt out before completing the opt-out notice electronically or in-person is a “reasonable opportunity to opt out” for “transactions.” Specifically, §1022.24(b)(3) provides, “The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.” (emphasis added) Section 1022.24(b)(4) uses similar terminology for in-person “transactions.”

In contrast, §1022.24 (b)(2) provides that, in the situation where the consumer has “obtained a product or service” through a website, a reasonable opportunity to opt out is 30 days. (emphasis added) The difference in the terminology suggests the examples in §1022.24(b)(3) and (b)(4) do not anticipate an account opening situation but an isolated transaction.

Moreover, under §1022.24(b)(5), if the bank includes the Regulation V opt-out notice with the Gramm-Leach- Bliley Act privacy opt-out notice (Regulation P), it must allow consumers to opt out “within a reasonable period of time” and in the same manner as the opt-out under Regulation P. Regulation P states that, for opening an account online, allowing consumers 30 days after the date the consumer receives the opt-out notice is a “reasonable opportunity” to opt out. (§1016.10(a)(3)) Regulation P provides other examples similar to those of Regulation V. Notably, its example allowing consumers to opt out at the time of the “transaction” is limited to “isolated transactions” such as “the purchase of a cashier’s check.” (§1016.10(a)(3)(iii))

Bottom line—while it is not explicit, the use of different terms in Regulation V’s examples and its example of referencing the Regulation P opt-out notice suggests that consumers should have 30 days to opt out under Regulation V when they open an account.

For more information, contact ABA’s Leslie Callaway.
Please note that this section is not a substitute for professional legal advice.

Tags: ComplianceFCRA
ShareTweetPin

Related Posts

Fifth Circuit grants ABA mandamus, vacates transfer order for second time

Delaware chancellor declines to dismiss lawsuit against Regions Bank board members over $191 million CFPB consent order

Uncategorized
November 11, 2025

A Delaware chancellor declined to dismiss a shareholder suit against Regions’ board members arising from a CFPB consent order requiring Regions to pay $191 million over allegations of unlawful overdraft fee practices.

Chair’s View: Forging ahead toward banking’s bright future

Chair’s View: Forging ahead toward banking’s bright future

Community Banking
November 10, 2025

'Pull up your seat at the table and help us write the next chapter of this great industry.'

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: November 10

Uncategorized
November 10, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Kentucky federal court enjoins CFPB from enforcing current 1033 final rule

Kentucky federal court enjoins CFPB from enforcing current 1033 final rule

Uncategorized
November 3, 2025

Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction preventing CFPB from enforcing its 1033 final rule

Post-Cantero, Ninth Circuit rules NBA does not preempt California’s interest-on-escrow law

Post-Cantero, Ninth Circuit rules NBA does not preempt California’s interest-on-escrow law

Uncategorized
November 3, 2025

In a 2-1 decision, a Ninth Circuit panel concluded the NBA does not preempt California’s interest-on-escrow statute, relying on its prior decision in Lusnak v. Bank of America.

U.S. Supreme Court curbs universal injunctions

U.S. Supreme Court declines to review Fourth Circuit ruling limiting beneficiary bank liability for fraudulent transfers

Uncategorized
November 3, 2025

The U.S. Supreme Court declined to review a Fourth Circuit decision that ruled a credit union was not liable for a wire transfer in a business email compromise scam case where the credit union lacked “actual knowledge” of...

NEWSBYTES

House votes to end government shutdown

November 12, 2025

Agencies form strike force to target cryptocurrency scams

November 12, 2025

U.S. Mint produces last penny

November 12, 2025

SPONSORED CONTENT

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

Seeing More Check Fraud and Scams? These Educational Online Toolkits Can Help

November 1, 2025
5 FedNow®  Service Developments You May Have Missed

5 FedNow® Service Developments You May Have Missed

October 31, 2025

Cash, Security, and Resilience in a Digital-First Economy

October 20, 2025
Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

Rethinking Outsourcing: The Value of Tech-Enabled, Strategic Growth Partnerships

October 1, 2025

PODCASTS

Podcast: The Erie Canal at 200

November 6, 2025

Podcast: Why branches are top priority for PNC

October 23, 2025

Podcast: From tractors to drones, how farming tech affects ag lending

October 16, 2025

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.