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Does a follow-up letter to pre-screened customers require an opt out notice?

My bank wants to send a letter to pre-screened customers as a reminder to respond to a marketing letter that the bank sent out several months ago. The bank plans to include the terms of the initial offer as part of the reminder. Is the reminder letter considered a prescreened solicitation requiring the opt out notice? What if the bank removes the offer terms and just sends a reminder?

The question is whether the reminder letter is a “solicitation” under the Fair Credit Reporting Act. The term “solicitation” is not defined. However, from the customer’s standpoint, a reminder, with or without the terms of the offer, might be viewed as a solicitation. Moreover, the purpose of the opt-out notice is to allow consumers to choose not to receive any solicitations based on prescreened lists, not just those related to one specific offer. (January 2018)

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