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If we send a promotional mailing on a postcard, would that violate any privacy laws? We are concerned that the postcard would reveal that the consumer is a customer of the bank. – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

If we send a promotional mailing on a postcard, would that violate any privacy laws? We are concerned that the postcard would reveal that the consumer is a customer of the bank.

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We agree that the fact that an individual is your customer would constitute nonpublic personal information under the federal privacy regulations. 12 CFR 1016.3(q)(2)(i)(C). While we are not aware of any specific rulings or cases on the use of postcards, we agree that a postcard with any nonpublic personal information is a potential privacy violation.