Use or disclosure of credit reporting information for the purposes of direct marketing
Prohibition on direct marketing
(1) If a credit reporting body holds credit reporting information about an individual, the body must not use or disclose the information for the purposes of direct marketing.
Civil penalty: 2,000 penalty units.
Permitted use for pre screening
(2) Subsection (1) does not apply to the use by the credit reporting body of credit information about the individual for the purposes of direct marketing by, or on behalf of, a credit provider if:
(a) the provider has an Australian link and is a licensee; and
(b) the direct marketing is about consumer credit that the provider provides in Australia; and
(c) the information is not consumer credit liability information, or repayment history information, about the individual; and
(d) the body uses the information to assess whether or not the individual is eligible to receive the direct marketing communications of the credit provider; and
(e) the individual has not made a request under subsection (5); and
(f) the body complies with any requirements that are set out in the registered CR code.
(3) In assessing under paragraph (2)(d) whether or not the individual is eligible to receive the direct marketing communications of the credit provider, the credit reporting body must have regard to the eligibility requirements nominated by the provider.
(4) An assessment under paragraph (2)(d) is not credit reporting information about the individual.
Request not to use information for pre screening
(5) An individual may request a credit reporting body that holds credit information about the individual not to use the information under subsection (2).
(6) If the individual makes a request under subsection (5), the credit reporting body must not charge the individual for the making of the request or to give effect to the request.
(7) If a credit reporting body uses credit information under subsection (2), the body must make a written note of that use.
Civil penalty: 500 penalty units.