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

Using Customer Data for Marketing Purposes in Massachusetts

Massachusetts has strict laws regarding the use of customer data for marketing purposes. Companies must comply with the regulations set forth in MGL Chapter 159C, Section 5(a), MGL Chapter 93, Section 49A, and MGL Chapter 93H, Section 2 to use customer data for marketing purposes without violating privacy laws in Massachusetts.

Requirements for Using Customer Data for Marketing Purposes

According to MGL Chapter 159C, Section 5(a), any person who obtains the name, residential address, or telephone number of a consumer from published telephone directories or any other source and republishes or compiles such information, electronically or otherwise, and sells or offers to sell such publication or compilation to telephone solicitors for marketing or sales solicitation purposes shall exclude from any such publication or compilation and from any database used exclusively for marketing or sales solicitation purposes, the name, address, and telephone number of a consumer whose name and telephone number appears in the then-current quarterly no sales solicitation calls listing made available by the office under section 2.

Additionally, MGL Chapter 93, Section 49A requires every retail trade reporting agency that discloses to any third person information concerning a business engaged in retail trade to disclose to the business, upon request, the nature, contents, and substance of such information contained in its files at the time of the request.

Furthermore, MGL Chapter 93H, Section 2 requires any person that owns or licenses personal information about a resident of Massachusetts to adopt regulations designed to safeguard the personal information of residents of the commonwealth. Such regulations shall be consistent with the safeguards for protection of personal information set forth in the federal regulations by which the person is regulated.

Additional Information

The Massachusetts Marketing Partnership, established in MGL Chapter 23A, Section 13A, coordinates marketing efforts on behalf of the commonwealth and oversees the activities of the agencies placed within it. The Massachusetts Office of Business Development has established a Buy Massachusetts Program, as described in MGL Chapter 23A, Section 10A, to connect local companies’ needs with products made or services provided by other local companies.

Conclusion

To use customer data for marketing purposes in Massachusetts, companies must comply with the regulations set forth in MGL Chapter 159C, Section 5(a), MGL Chapter 93, Section 49A, and MGL Chapter 93H, Section 2. Additionally, the Massachusetts Marketing Partnership and the Buy Massachusetts Program provide resources for companies looking to promote their products and services within the commonwealth.

Jurisdiction

Massachusetts

• General