; or (II) nonpublic information, note the information that is disputed, including the individual’s statement disputing such information, and take reasonable steps to independently verify such information under the procedures outlined in subparagraph (A) if such information can be independently verified. (D) Alternative procedure for certain marketing information In accordance with regulations issued under subparagraph (F), an information broker that maintains any information described in subparagraph (A) which is used, shared, or sold by such information broker for marketing purposes, may, in lieu of complying with the access and dispute requirements set forth in subparagraphs (B) and (C), provide each individual whose information the information broker maintains with a reasonable means of expressing a preference not to have his or her information used for such purposes. If the individual expresses such a preference, the information broker may not use, share, or sell the individual’s information for marketing purposes. (E) Limitations An information broker may limit the access to information required under subparagraph (B)(i), is not required to provide notice to individuals as required under subparagraph (B)(ii), and is not required to comply with a disputed information request under subparagraph (C) in the following circumstances: (i) If access of the individual to the information is limited by law or legally recognized privilege. (ii) If the information is used for a legitimate governmental or fraud prevention purpose that would be compromised by such access. (iii) If the information consists of a published media record, unless that record has been included in a report about an individual shared with a third party. (F) Rulemaking Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to carry out this paragraph and to facilitate the purposes of this Act. In addition, the Commission shall issue regulations, as