No, the notice and opt-out requirements that are triggered when affiliates share information for marketing purposes do not apply to business customers. The FCRA requires affiliates that share consumer information for marketing purposes to clearly and conspicuously disclose to consumers what information will be shared and provide them an opportunity to opt out. However, under the FCRA, the term “consumer” means an individual. Consequently, we do not believe that the FCRA’s notice and opt-out requirements apply when you share business customer information with affiliates for marketing purposes.

For resources related to our guidance, please see:

• FCRA, 15 USC 1681s-3(a) (Permits sharing consumer information among corporations under common ownership or affiliated by corporate control, provided that “(A) it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons for purposes of making such solicitations to the consumer; and (B) the consumer is provided an opportunity” to opt-out.”)

• FCRA, 15 USC 1681s-3(a) (“The term ‘consumer’ means an individual.”)