§ 58-39-76. Limits on sharing account number information for marketing purposes.
§ 58‑39‑76. Limits on sharing account number information for marketing purposes.
(a) General Prohibitionon Disclosure of Account Numbers. An insurance institution, insurance agent,or insurance‑support organization shall not disclose, other than to a consumerreporting agency, an account number or similar form of access number or accesscode for a credit card account, deposit account, or transaction account of aconsumer to any nonaffiliated third party for use in telemarketing, direct mailmarketing, or other marketing through electronic mail to the consumer.
(b) Definitions. Asused in this section:
(1) "Accountnumber" means an account number, or similar form of access number oraccess code, but does not include a number or code in an encrypted form, aslong as the insurance institution, insurance agent, or insurance‑supportorganization does not provide the recipient with a means to decode the numberor code.
(2) "Transactionaccount" means an account other than a deposit account or credit card account.A transaction account does not include an account to which third parties cannotinitiate charges.
(c) Exceptions. Subsection (a) of this section does not apply if an insurance institution,insurance agent, or insurance‑support organization discloses an accountnumber or similar form of access number or access code:
(1) To the insuranceinstitution's, insurance agent's, or insurance‑support organization'sagent or service provider solely in order to perform marketing for theinsurance institution's, insurance agent's, or insurance‑supportorganization's own products or services, as long as the agent or serviceprovider is not authorized to directly initiate charges to the account; or
(2) To a participant ina private label credit card program or an affinity or similar program where theparticipants in the program are identified to the customer when the customerenters into the program. (2001‑351, s. 9; 2003‑262, s. 2(1).)