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

Using Customer Data for Marketing Purposes in Mississippi

In Mississippi, there are laws that protect consumer privacy and regulate the use of customer data for marketing purposes. The Mississippi Public Records Act of 1983 ^[5.1] exempts commercial and financial information of a proprietary nature from public access. Additionally, the Telephone Solicitation Act ^[1.2] requires telemarketers to purchase and use the “no-calls” database, which contains telephone numbers of consumers who object to receiving telephone solicitations.

Requirements for Using Customer Data for Marketing Purposes

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

1. Obtain Consent: You must obtain the consumer’s consent before using their personal information for marketing purposes. The consent must be freely given, specific, informed, and unambiguous.
2. Provide Opt-Out: You must provide consumers with an easy and accessible way to opt-out of receiving marketing communications. The opt-out mechanism must be clearly disclosed in all marketing communications.
3. Comply with “No-Calls” Database: If you are a telemarketer, you must purchase and use the “no-calls” database, which contains telephone numbers of consumers who object to receiving telephone solicitations. You may be exempt from this requirement if you meet certain criteria ^[1.2].
4. Protect Data: You must take reasonable measures to protect the personal information of consumers from unauthorized access, use, or disclosure.

Penalties for Violating Privacy Laws

Violating privacy laws in Mississippi can result in civil and criminal penalties. The Mississippi Consumer Protection Act ^[1.1] allows consumers to bring civil actions against businesses that engage in unfair or deceptive trade practices, including violations of privacy laws. Additionally, the Telephone Solicitation Act ^[1.2] imposes fines and other penalties on telemarketers who violate the law.

Source(s):

• [1.1] Inclusion in no-calls database of Mississippi part of any Federal Trade Commission national database.
• [5.1] Commercial and financial information exempt from provisions of public access; application of Trade Secrets Act.
• [1.2] Commission’s discretion to exempt some telephone solicitors from purchase and use of no-calls database.

Jurisdiction

Mississippi

• General