HARRY HUGHES, Governor

3697

(I)  THE SALE OR PLEDGE, OR NEGOTIATION OF THE
SALE OR PLEDGE, OF ANY PORTION OF A BUSINESS OR THE ASSETS OF A
BUSINESS;

(II)  THE MANAGEMENT, OPERATION, OR OTHER
ACTIVITIES INVOLVING THE INTERNAL FUNCTIONING OF THE PERSON
MAKING THE DISCLOSURE; OR

(III)  THE MANAGEMENT, OPERATION, OR OTHER
ACTIVITIES INVOLVING DISCLOSURES BETWEEN A CORPORATION AND ITS
SUBSIDIARIES OR CONTROLLED AFFILIATES OR BETWEEN THE SUBSIDIARIES
OR THE CONTROLLED AFFILIATES ; , PROVIDED THAT A DISCLOSURE FOR
MARKETING PURPOSES MAY NOT BE MADE IF THE HOLDER OF AN ACTIVE
CREDIT CARD OR PAYMENT DEVICE NUMBER HAS NOTIFIED THE ISSUER IN
WRITING AT AN ADDRESS SPECIFIED BY THE ISSUER THAT SUCH USE IS
NOT PERMITTED. THE ISSUER SHALL PROVIDE HOLDERS OF ACTIVE
ACCOUNTS NOTICE OF SUCH NONDISCLOSURE OPTION AND THE SPECIFIED
ADDRESS ON A PERIODIC BASIS AT THE ISSUER'S DISCRETION PROVIDED
THE TIME BETWEEN SUCH NOTIFICATIONS DOES NOT EXCEED 1 YEAR. THE
ISSUER SHALL COMPLY WITH SUCH ELECTIONS WITHIN 45 DAYS AFTER
RECEIPT OF THE HOLDER'S RESPONSE. THE ELECTION SHALL REMAIN IN
EFFECT UNTIL THE HOLDER RESCINDS THE ELECTION OR UNTIL THERE HAVE
BEEN NO DEBITS OR CREDITS TO THE ACCOUNT FOR A 12-MONTH PERIOD.

(6)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, DISCLOSURE IS MADE TO A CONSUMER REPORTING AGENCY, AS
DEFINED IN § 14-1201 OF THIS ARTICLE . ;

(7)  WHETHER OR NOT THE PERSON IS A CONSUMER REPORTING
AGENCY AND WHETHER OR NOT THE DISCLOSURE IS A CONSUMER REPORT,
DISCLOSURE IS MADE UNDER A CIRCUMSTANCE SPECIFIED IN THE CREDIT
REPORTING PROVISIONS OF § 14-1202 § 14-1202(3)(I), (II), (III),
OR (IV) OF THIS ARTICLE; OR, EXCEPT THAT A PERSON MAY NOT FURNISH
ANY REPORT CONTAINING A CREDIT CARD NUMBER OR PAYMENT DEVICE
NUMBER IN A CIRCUMSTANCE OTHER THAN AS PROVIDED IN
§ 14-1202(3)(I) OF THIS ARTICLE PRIOR TO RECEIPT OF AN INDIVIDUAL
WRITTEN, ELECTRONIC OR OTHER TANGIBLE RECORD OF A CERTIFICATION
FROM THE REQUESTOR:

(I) CONTAINING THE REASON THAT THE CREDIT CARD
OR PAYMENT DEVICE NUMBER IS REQUIRED; AND

(II) STATING THAT THE CREDIT CARD OR PAYMENT
DEVICE NUMBER:

1. CANNOT BE OBTAINED UNDER A
CIRCUMSTANCE SPECIFIED UNDER THIS TITLE; OR

2. IS NEEDED FOR SECURITY, OR LOSS OR
FRAUD PREVENTION PURPOSES; OR

(8)  THE DISCLOSURE IS PERMITTED UNDER § 1-303 OF THE
FINANCIAL INSTITUTIONS ARTICLE OF THE CODE.