Reg S-AM: A broker/dealer is prohibited from using eligibility information received from an affiliate company to make a marketing solicitation to a prospective customer unless:

(1) the potential marketing use of that information has been clearly, conspicuously and concisely disclosed to the consumer;

(2) the consumer has been provided a reasonable opportunity and a simple method to opt out of receiving the marketing solicitations; and

(3) the consumer has not opted out.

The SEC adopted Reg S-AM under the Fair Credit Reporting Act ("FCRA"), as amended by the Fair and Accurate Credit Transactions Act of 2003 ("FACT Act") and under the 1934 Act, the IC Act of 1940, and the IA Act of 1940.