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

Using Customer Data for Marketing Purposes in Florida

In Florida, using customer data for marketing purposes is regulated by the Florida Telemarketing Act [1.1]. The Act requires commercial telephone sellers and entities providing substance abuse marketing services to obtain a license from the Department of Agriculture and Consumer Services [1.1].

To obtain a license, an applicant must submit a written application to the department, which must include information about the applicant’s previous experience as a commercial telephone seller or salesperson, any previous convictions or pending litigation involving fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, and the complete street address of each location from which the applicant will be doing business [1.1][1.2].

Additionally, the applicant must provide a verified statement expressing the intention of the commercial telephone seller to associate the salesperson with them and to be responsible for the activities of the salesperson [1.2].

Furthermore, the applicant must pay a fee for licensing in the amount of $1,500 for commercial telephone sellers and $50 per salesperson for salespersons. The fee for licensing may be waived for honorably discharged veterans of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member of the United States Armed Forces if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse [1.1][1.2].

Therefore, to use customer data for marketing purposes in Florida, a commercial telephone seller or an entity providing substance abuse marketing services must obtain a license from the Department of Agriculture and Consumer Services and comply with the requirements set forth in the Florida Telemarketing Act.

It is important to note that the Florida Telemarketing Act also requires commercial telephone sellers to disclose certain information to the department, including the name, address, and account number of each institution where banking or similar monetary transactions are done by the commercial telephone seller [1.2].

Conclusion

To use customer data for marketing purposes in Florida, you must obtain a license from the Department of Agriculture and Consumer Services and comply with the requirements set forth in the Florida Telemarketing Act.

Source(s):
Jurisdiction

Florida