The Affiliate Marketing Regulations, issued by the Federal Trade Commission (FTC) and the Federal banking agencies, generally require a company to provide a notice to consumers and an opportunity to opt out before an affiliated company can use certain information for marketing purposes. The affiliate marketing notice is in addition to the privacy notices already mandated, and would be a second required notice and opt out opportunity. 

The regulations have certain exceptions to these requirements. For example, the notice and opt out does not apply if the solicitation is made to a customer with a pre-existing relationship with the affiliate. The FTC published these regulations in final form on October 30, 2007, and the Federal banking agencies published essentially equivalent final regulations on November 7, 2007. 

To learn the details about these requirements, see the Frequently Asked Questions: Affiliate Marketing Regulations

When did the regulations become effective?

October 1, 2008

Who can I call for more information?

FTC Bureau of Consumer Protection, Division of Privacy and Identity Protection
ph: 202.326.2252

At NAR, you may contact:

William Gilmartin
Senior Policy Advisor, Industry Relatiions and Outreach
phone: 202-383-1102

Where can I find the rules?

FTC Rule in the Federal Register: 72 Fed. Reg. 61424 (PDF: 276KB)



Real estate professionals must be cognizant of copyright issues when it comes to listing content, most notably in connection with listing photographs.