Sec. 420.12. Limits on sharing policy number information for marketing purposes

(a) General prohibition on disclosure of policy numbers.

A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer.

(b) Exceptions.

Subdivision (a) of this section does not apply if the licensee discloses a policy number or similar form of access number or access code:

(1) to the licensee's agent or service provider solely in order to perform marketing for the licensee's own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account;

(2) to a licensee who is a producer solely in order to perform marketing for the licensee's own products or services; or

(3) to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

(c) Examples.

(1) Policy number. Disclosure of a policy number in encrypted form would not be prohibited if the licensee does not provide the recipient with the means to decode the number or code.

(2) Policy or transaction account. For the purposes of this section, a policy or transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties cannot initiate charges.