The original application wording matters. So does the distinction between sharing information to process a financing request and using it to generate repeated marketing contacts.
PMFUS publishes a privacy policy describing how information will be collected, used and safeguarded. Its statements should be considered alongside the actual application terms and any records of downstream sharing.
“No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.”
Short excerpt from the PMFUS privacy policy. Read the entire policy in context, including its treatment of messaging data. PMFUS privacy policy
Some public PMF-associated financing forms contain authorization language permitting information in an application to be transmitted to financing recipients for commercial funding transactions. That may be different from consenting to independent marketing by every subsequent party.
I recall leaving an optional marketing-consent checkbox unchecked. That recollection should not be taken to mean there was no other application authorization. Public forms may differ by date or referral. The exact version displayed when I applied, its checkbox state, my signature and any transaction-sharing language need to be reviewed together.
Even where an applicant authorizes limited sharing to identify financing, questions remain about onward distribution, document retention and how opt-out requests reach downstream parties.
Was my application provided to a defined set of lenders or to broad broker networks? Were actual statements supplied, or just summary information?
Was information sent for underwriting, to identify an available transaction, to solicit my business, or for some combination? A label such as “lead” does not answer the question.
What restrictions applied to recipients who might pass documents onward, retain copies or begin direct marketing contact?
When I tell one party to stop, does that stop only that sender, or can anyone help identify and notify others holding the same contact information?
I have a personal-number Do Not Call registration dating to 2006. But the FTC explains that most business-to-business solicitation calls are exempt from the federal Telemarketing Sales Rule's Do Not Call restrictions. The purpose, number, technology and circumstances of each call can matter.
FTC guideFederal financial privacy rules have important limitations for information obtained for commercial rather than personal, family or household purposes. Applicability would need a case-specific review and should not be assumed from the word “bank.”
FTC GLBA guidanceThis site does not conclude that PMFUS or any person violated the FTC Act, the TCPA, privacy laws or a contract. It asks for documentation so the facts and potential obligations can be assessed by competent authorities and counsel.
See the specific questions