2005 North Carolina Code - General Statutes § 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 Prohibition on Disclosure of Account Numbers. – An insurance institution, insurance agent, or insurance‑support organization shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

(b)       Definitions. – As used in this section:

(1)       "Account number" means an account number, or similar form of access number or access code, but does not include a number or code in an encrypted form, as long as the insurance institution, insurance agent, or insurance‑support organization does not provide the recipient with a means to decode the number or code.

(2)       "Transaction account" means an account other than a deposit account or credit card account. A transaction account does not include an account to which third parties cannot initiate charges.

(c)       Exceptions. – Subsection (a) of this section does not apply if an insurance institution, insurance agent, or insurance‑support organization discloses an account number or similar form of access number or access code:

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

(2)       To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program. (2001‑351, s. 9; 2003‑262, s. 2(1).)