[§431:3A-204] 
Form of opt out notice to consumers and opt out methods.  (a)  A licensee shall provide an opt out notice
to each of the licensee's consumers that is clear and conspicuous and
accurately explains the right to opt out.  The notice shall state:



(1)  That the licensee discloses or reserves the right
to disclose nonpublic personal financial information about its consumer to a
nonaffiliated third party;



(2)  That the consumer has the right to opt out of
that disclosure; and



(3)  A reasonable means by which the consumer may
exercise the opt out right.



(b)  A
licensee may provide the opt out notice together with or on the same written or
electronic form as the initial notice the licensee provides in accordance with
section 431:3A-201.



(c)  If a
licensee provides the opt out notice later than required for the initial notice
in accordance with section 431:3A-201, the licensee shall also include a copy
of the initial notice with the opt out notice in writing or, if the consumer
agrees, electronically.



(d)  If two
or more consumers jointly obtain an insurance product or service from a
licensee, the licensee may provide a single opt out notice.  The licensee’s opt
out notice shall explain that any of the joint consumers may exercise
the right to opt out; provided that the licensee may:



(1)  Treat an opt out direction by a joint consumer as
applying to all of the associated joint consumers; or



(2)  Permit each joint consumer to opt out separately;
provided that if a licensee permits each joint consumer to opt out separately,
the licensee shall permit one of the joint consumers to opt out on behalf of
all of the joint consumers.



A licensee may not require all joint consumers to
opt out before it implements any opt out direction.



(e)  A
licensee shall comply with a consumer’s opt out direction as soon as reasonably
practicable after the licensee receives it.



(f)  A
consumer may exercise the right to opt out at any time.



(g)  A
consumer’s direction to opt out under this section shall be effective until the
consumer revokes it in writing or, if the consumer agrees, electronically. 
When a customer relationship terminates, the customer’s opt out direction shall
continue to apply to the nonpublic personal financial information that the
licensee collected during or related to that relationship.  If the individual
subsequently establishes a new customer relationship with the licensee, the opt
out direction that applied to the former relationship shall not apply to the
new relationship.



(h)  If a
licensee is required to deliver an opt out notice by this section, the licensee
shall deliver it in accordance with section 431:3A-206. [L 2001, c 220, pt of
§1]