Can I use customer data for marketing purposes without violating privacy laws in Alabama? What are the requirements?

Use of Customer Data for Marketing Purposes in Alabama

In Alabama, the use of customer data for marketing purposes is regulated by the Alabama Telemarketing Act ^[3.2] and the Alabama Consumer Protection Act ^[4.2].

Under the Alabama Telemarketing Act, residential subscribers have the right to object to receiving telephone solicitations, and telemarketers are prohibited from making telephone solicitations to those who have objected ^[3.1].

Under the Alabama Consumer Protection Act, commercial telephone sellers must comply with certain requirements when making commercial telephone solicitations, including obtaining a signed written contract from the purchaser that matches the description of the goods or services as that principally used in the telephone solicitation, containing the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, and containing all terms and conditions a purchaser is required to satisfy in order to receive any item, good, or service specified ^[4.2].

Therefore, in order to use customer data for marketing purposes in Alabama, telemarketers must comply with the requirements of the Alabama Telemarketing Act and the Alabama Consumer Protection Act. They must obtain consent from customers before making telephone solicitations, and must comply with the requirements for commercial telephone solicitations under the Alabama Consumer Protection Act.

Requirements for Using Customer Data for Marketing Purposes

To use customer data for marketing purposes in Alabama, telemarketers must comply with the following requirements:

• Obtain consent from customers before making telephone solicitations ^[3.1]
• Comply with the requirements for commercial telephone solicitations under the Alabama Consumer Protection Act, including obtaining a signed written contract from the purchaser that matches the description of the goods or services as that principally used in the telephone solicitation, containing the name, address, telephone number, and registration number of the commercial telephone seller and the salesperson, and containing all terms and conditions a purchaser is required to satisfy in order to receive any item, good, or service specified ^[4.2]

Additionally, the provision of customer information for marketing purposes is limited by all constitutional provisions, limitations, and guarantees, including the right of privacy ^[1.2].

Licensing Requirements

Commercial telephone sellers must obtain a license from the Alabama Division of Consumer Affairs prior to doing business in the state ^[4.1]. The application for a license requires the submission of personal information, including previous experience as a commercial telephone seller or salesperson, and criminal history background checks may be required ^[1.3].

Conclusion

In summary, to use customer data for marketing purposes in Alabama, telemarketers must obtain consent from customers and comply with the requirements of the Alabama Telemarketing Act and the Alabama Consumer Protection Act. Additionally, the provision of customer information for marketing purposes is limited by constitutional provisions, limitations, and guarantees. Commercial telephone sellers must also obtain a license from the Alabama Division of Consumer Affairs and may be subject to criminal history background checks.

^[1.2]: ALCA 41-9-636 ^[3.1]: ALCA 8-19C-2 ^[4.1]: ALCA 8-19A-5 ^[4.2]: ALCA 8-19A-14 ^[1.3]: ALCA 41-9-650 ^[3.2]: ALCA 8-19C-1

Source(s):

• [1.2] Limitations upon provision of information generally.
• [3.1] Database of subscribers objecting to telephone solicitations.
• [4.1] Licensing; application for license.
• [4.2] Contract requirements; credit cards; notice of cancellation; returns; purchaser’s rights.
• [1.3] Criminal history background check prior to issuance of permit or license.
• [3.2] Legislative findings.

Jurisdiction

Alabama

• General