PART III.  LIMITS ON DISCLOSURES OF

FINANCIAL INFORMATION

     [§431:3A-301]  Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties.  (a)  Except as otherwise authorized under this article, a licensee may not disclose, directly or through any affiliate, any nonpublic personal financial information about a consumer to a nonaffiliated third party unless:

     (1)  The licensee has provided to the consumer an initial notice as required under § 431:3A-201;

     (2)  The licensee has provided to the consumer an opt out notice as required under § 431:3A-204;

     (3)  The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and

     (4)  The consumer does not opt out.

     (b)  A licensee shall comply with this section, whether or not the licensee and the consumer have established a customer relationship.  If a licensee fails to comply with this section, the licensee may not disclose, directly or through any affiliate, any nonpublic personal financial information about a consumer that the licensee has collected, whether or not the licensee collected it before or after receiving the direction to opt out from the consumer.

     (c)  A licensee may allow a consumer to select certain nonpublic personal financial information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.