How long do new customers have to opt out of affiliate and affiliate marketing?

The Federal Trade Commission (FTC) announced on January 27, 2020 that it will no longer enforce the Fair Credit Reporting Act’s (FCRA) requirement that consumers must "opt out" from receiving promotional offers in exchange for their personal information. The FTC has also decided not to require marketers to provide notice about this change or explain why they are doing so. Instead, the agency says that anyone who wants to engage in these practices may continue as usual without fear of legal repercussions. This decision was made after the FTC received thousands of complaints over the past year regarding these types of practices.

This means that if you want to receive promotions through your favorite brands, you don't need to take any action at all. You're free to sign up for email newsletters, shop online, watch ads on TV or listen to radio broadcasts that offer special discounts and other incentives. If you'd rather not be contacted by those companies again, however, here's where things get tricky. Because of the FCRA, you cannot simply unsubscribe from future emails once you've signed up for them.

You'll still see ads and promotions on Facebook, Instagram, Google Shopping, Bing Ads, Amazon, YouTube, Twitter, LinkedIn, Pinterest, Reddit, and many more sites. The only way to stop seeing them is to do something called opting out -- specifically, telling a company to remove you from its database of contacts. But because the FTC won't be enforcing it anymore, there's nothing stopping marketers from sending you unwanted messages now. And while some people might say that's perfectly fine, others believe that it violates the spirit behind the law. Here's everything you need to know about the opt-out rules, including whether you should ever feel compelled to take one.

When can an affiliate share info with another affiliate?

If two affiliates agree on a business relationship before collecting someone's data, then both parties are covered by the same rules. However, if one party collects data without the permission of the other, then the collection would fall outside of the scope of the FCRA and thus wouldn't count against either person. In other words, if you send an email promoting products for sale by one brand but never got approval from the brand itself, neither you nor the brand could be held liable under the FCRA.

In such cases, both partners would each be considered independent contractors and therefore exempt from federal regulations like the FCRA. This applies even if one partner receives compensation from another for referrals, meaning that the FTC doesn't care how much money you make off of every referral. What matters is whether you were given consent to collect the information.

When can a customer opt out?

There isn't a single definition for "customer" across the various laws governing marketing practices. For example, in Europe, a customer can be defined as anyone whose name appears on the mailing list. But in North America, it refers to individuals who give their personal details voluntarily. As such, the term varies depending on jurisdiction.

But regardless of how it gets defined in your country, you always have the right to request removal from any third-party lists used to promote goods and services. It's important to note that opting out does not mean withdrawing from direct communication with the company selling the product. You can still contact them via phone calls, letters, social media posts, etc., just not through advertisements.

One thing worth noting is that the FTC did recently decide to allow businesses to use pre-written opt-outs instead of having people write down their own preferences. Those opt-outs include links to websites and mobile apps that automatically notify companies whenever a user requests to be removed from their records.

When can a customer choose to opt out?

According to the FTC, the period during which you can exercise your opt-out rights depends on the type of service you're using. With most forms of advertising, you have 45 days to submit a written statement requesting deletion. When it comes to financial institutions, though, the window lasts 90 days. On top of that, banks and lenders must maintain reasonable procedures to ensure that their policies comply with the FCRA.

For example, if you apply for a mortgage and later ask to be removed from the lender's database, but it takes too long to process your application, you may consider submitting an opt-out request. After that time passes, you'll lose your ability to revoke your previous authorization unless you follow certain steps. Specifically, you'll need to file a formal complaint with the FTC first. Once the agency finds cause to investigate, it can order the bank to cancel your account immediately or within 90 days.

Keep in mind that if you're dealing with a smaller firm that doesn't fall under the umbrella of a larger corporation, you may have less leeway. These small organizations usually operate independently and aren't required to abide by the same guidelines as large corporations. They can only keep you listed on their databases for 180 days from the date you requested removal.

How long does a customer have to opt out?

As previously mentioned, the FTC allows 45 days to respond to an opt-out request. That said, you don't necessarily have to wait until the end of the month. You can withdraw your consent anytime. Just remember that if you try to pull out of a contract before the terms expire, you're legally bound to fulfill it. So if you cancel your subscription to Netflix three weeks early, you'll owe $100 per day for the remaining seven days.

What's more, the FTC advises that you shouldn't expect to get back into compliance with the FCRA by signing contracts months ahead of schedule. According to the agency, it makes sense to hold off on making purchases until you can actually review the terms and conditions. Otherwise, you risk being stuck with obligations that you didn't authorize.

Finally, the FTC notes that the opt-out deadline applies to everyone involved in the transaction, including vendors, retailers, brokers, and agents. Anybody who has access to your profile is subject to the terms of the FCRA, regardless of whether they work directly with the seller or broker.

While we're sure you'll find plenty of ways to avoid getting caught in the crosshairs of the FCRA, it's best to know what happens when you do accidentally run afoul of the rules. Here's how to deal with the consequences of violating the FCRA.

Section 1022.21(b) of the final rules governing affiliates' ability to share information with each other provides that "an individual may not be required or permitted to provide personal information about himself/herself in connection with a transaction unless he/she has given prior written consent." This provision was included as part of the final rules implementing the Fair Credit Reporting Act (FCRA), after being added by Congress during its consideration of the bill. The original version of this section only allowed consumers "to object on his own behalf," but amendments made at the last minute broadened it to allow individuals to submit an objection on their own behalf or jointly with others.

It should also be noted that Section 1022.21(e)(1)(i) states that "An individual shall be deemed to give his or her informed consent if such person knowingly agrees to disclosure of any of his or her financial records to an entity specified in paragraph (d)." Paragraph d lists entities covered under the regulation including employers who use payroll services, educational institutions, certain government agencies, mortgage lenders, and creditors who provide debt collection services.

The FCRA does not define the word "jointly." However, the term appears to refer to two people working together toward a common goal, rather than two separate parties in contact with each other. In the context of the FTC's regulations, it would seem reasonable to assume that this means that two people must agree to disclose their personal information to the same third party. If they don't, then either one can request an opt-out from both parties. Thus, while you might think it unlikely that someone could take advantage of your offer to help them get into a better job, they could simply ask you to include everyone else in the group -- even though you've never met these people.

In addition, there is no specific time limit on how long a person must exercise the right to revoke their permission allowing an organization to collect data about themselves through your actions. Rather, there is a general requirement that anyone exercising this right must inform the company within three business days of making their choice. This means that you will need to decide whether or not to extend an invitation to join a program before actually signing up. Once you sign up, however, it doesn't matter if you change your mind later. As long as you notify the program provider of your revocation within three business days, you'll still be able to keep using their services without having to pay anything extra.

If you're interested in learning more about how to protect yourself against identity theft, please visit our article titled How Can I Prevent Identity Theft & Fraud From Happening To Me?

How long is affiliate sharing opt-out effective?

Under the final rules issued by the Federal Trade Commission, an individual can rescind their consent to shared information for up to 90 days, but only if they file a notice of intent to withdraw consent within 3 business days of giving consent. After the initial period ends, the agency says that it considers the opt-out to remain valid until revoked. It is important to note that opting-out does NOT affect future transactions, meaning that once you have opted out, you cannot be forced to re-opt in for another reason, like receiving additional offers via email or phone calls.

As mentioned above, the regulations state that an individual must indicate their intention to stop sharing their information with a particular entity within 3 business days of providing consent. They then have a further 45 days to revoke the consent. If they fail to act within those deadlines, they will lose their rights to privacy regarding this issue.

What are permissible purposes under the FCRA?

There are several different types of organizations that fall under the umbrella of the FCRA. These include companies collecting information directly from individuals, businesses selling goods or services online, and websites where you can find reviews of products or services. Each type of organization is required to follow slightly different procedures when requesting access to your personal information. For example, the law allows credit card issuers to obtain your information without your knowledge because they receive money every time you buy something. They call this practice "pre-approved" lending agreements, and generally require that you complete a form authorizing them to report your account history. Other types of businesses that fall under the purview of the FCRA include insurance carriers, banks, landlords, and employment recruiters. Under the regulations, they also have to abide by some basic requirements when asking for personal information. Any requests for information are limited to what is necessary to serve the purpose of the inquiry, and they must explain why they want the information, among other things. Failure to comply with these guidelines may result in penalties, ranging from $100 to $2,500 per day.

What is an affiliate under GLBA?

GLBAS stands for the Gramm-Leach-Bliley Financial Services Modernization Act. Its primary aim is to modernize banking practices so that consumers feel confident that their private information won't end up in the wrong hands, particularly those belonging to criminals or terrorists. The legislation passed in 1999 and went fully into effect in 2006. While the federal government isn't involved in regulating the way banks operate, many large financial institutions were already regulated by state laws and had voluntarily adopted policies designed to prevent fraud and abuse. GLBA removed much of this discretion, requiring financial institutions to adopt standards that ensure customer safety. One area of focus is protecting consumers from identity thieves.

For example, if you apply for a car loan, GLBA prohibits auto dealerships from disclosing your name, address, social security number, date of birth, or similar information to other businesses without first getting your explicit approval. This applies regardless of whether the dealership is acting as a lender itself or merely offering financing options to potential buyers. In order to stay compliant, dealerships are now prohibited from conducting background checks on prospective borrowers unless the applicant specifically consents to that activity.

When applying for a home loan, the final rule allows lenders to conduct criminal history searches for applicants whose names appear on the National Crime Information Center database. Lenders aren't allowed to share this information with real estate agents, brokers, or appraisers, although they can share it with others who work closely with the borrower. When applying for a bank account, the final rule prevents financial institutions from opening accounts based solely upon information found in your credit reports. Instead, they must verify that you meet minimum income qualifications, possess sufficient funds to cover overdrafts, and demonstrate stability in managing your finances. All told, these changes go a long way towards ensuring that Americans feel safe dealing with financial institutions.

To learn more about how to manage your identity and protect yourself from fraud, check out our articles below:

How Can I Protect My Personal Data?

How Do I Know Which Social Media Platform Is Safe?

Are There Certain Types Of Email Attachments That Are Dangerous?

Is Using A VPN Legal? What Are Some Good Reasons Why You Might Need One?

What Kinds Of Emails Should I Avoid Opening Or Reading?

How Can I Stop Spammers From Harassing Me With Fake Messages?

How Long Does An Opt-Out Period Last?

What Is The Duration Of An Affiliate Sharing Opt-Out?

How Many Times May Someone Ask You To Sign Up For Something Without Your Consent?

The Federal Trade Commission has a very clear set of rules about how affiliates should interact with each other. The FTC oversees all aspects of online advertising in America -- from search engines like Google to social media platforms like Facebook -- so it's important that we know exactly who our partners are and what their policies are, especially when they're dealing with our personal data.

One such policy is about making sure people understand their privacy rights before signing up as an affiliate or partner. And one way you might be able to find out whether someone will respect your choices, without having to actually sign them over, is by reading through some of those agreements. If you see something that seems shady, though, you'll want to take action immediately. Here's everything you need to know about the FTC's affiliate marketing agreement rules.

How long is an opt out of Affiliates good for?

If you join an affiliate program on its own terms, then you don't really get any notice at all about what happens after you've signed up. But if you were given a fair amount of time to read and review the T&Cs, there may be an early warning system built into them. For example, some programs require you to click "I agree" within minutes of joining, while others give you a week or two to decide. The length of this window varies depending on the type of product being promoted.

For instance, in some cases where a company sells a physical product, it may allow you to cancel your order and receive a refund at any point during the first seven business days following purchase. This is called the 7/10 rule and applies only to products made available via retail channels. In these instances, it's easy enough to put off any decision until later, but it's also possible that the company could make changes to its terms of service before you have a chance to back out.

In other situations, however, companies selling digital goods often allow you to cancel your account at any point during the first 30 days. After that, the rules vary, but many websites offer free trials or discounts if you wait a certain amount of time before cancelling. So even if you haven't yet clicked "agree," you still probably won't lose much more than a few dollars if you delay your cancellation for a month or two.

There are exceptions here, too. Some sites charge fees for cancellations, which means you'd better not wait longer than a day or two. Others simply prohibit refunds altogether, meaning no matter what you buy now, you'll never get your money back. These kinds of restrictions aren't always clearly spelled out in affiliate marketing contracts, but you should definitely ask questions about this issue -- and remember that it's in your best interest to pay attention to these details right away.

How long are opt out notices good for?

It depends on what kind of notice you received. Companies tend to provide different lengths of time, ranging anywhere from 24 hours to six months, based on what the contract says. It's common practice for companies to let you know that you have a limited period of time to act upon the terms of a contract. When you reach that deadline, the company usually sends you a letter stating that the deal has ended and asking you to move along.

Some companies will send out multiple letters, giving you a number of opportunities to change your mind. They may also extend the notice period beyond the legally allowed limit in case you didn't respond to their initial communication. These extensions can range from several weeks to several years. You definitely shouldn't rely on them, since it's entirely possible that the company will stop offering these extended options once the original timeline expires.

In most cases, these deadlines apply to both members of the partnership and nonmembers alike. However, it's worth noting that some companies will specifically mention that they reserve the right to terminate partnerships with anyone who doesn't follow their specific instructions. That said, it's pretty rare for a company to go public with that kind of language. Instead, they typically leave it vague, allowing you to assume that the same standards apply to everyone involved.

What is the opt out rule?

At least according to the law, there isn't one. There are plenty of ways for internet marketers to exploit loopholes in this area, including using third parties to help facilitate the transaction. But it's hard to imagine a scenario where a person would willingly sign up for an affiliation contract that allows them to walk away whenever they feel like it. Unless you believe that every single word you read was written by some sort of corporate shill, you're almost certainly going to stick around for the full term of whatever agreement you accept.

What is the affiliate marketing rule?

This refers to the FTC's official statement regarding disclosure requirements. Section 5(b) of the FTC Act states that you must disclose the identity of the seller and the nature of the relationship when disclosing material facts about your site. This includes information about your compensation plan, the source of payments, and the ability for consumers to refuse payment.

Section 6(d)(1) clarifies that this requirement extends to affiliates, too -- which means that you cannot use an opaque method of disclosing financial arrangements with other affiliates unless you include all relevant details.

You should note that these laws apply differently across regions. While the FTC regulates all forms of electronic commerce in the US, other countries may have different regulations governing affiliate relationships. For instance, the UK's Office of Fair Trading recently issued guidelines that require merchants to inform buyers about the costs associated with shopping online.

While you may be tempted to try to skirt the rules by keeping the identities of your affiliates secret, you should avoid doing that. Your competitors will likely figure things out eventually, and you can expect the FTC to come down harder on you if you keep misleading potential customers.

That said, if you just want to ensure that you're complying with the spirit of the law, you should consider disclosing basic info about yourself and your affiliate partnerships upfront, rather than hiding behind a veil of secrecy.