Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Using Customer Data for Marketing Purposes in Tennessee

In Tennessee, using customer data for marketing purposes is regulated by several laws, including the Tennessee Video Consumer Privacy Act (T.C.A. §§ 47-18-2201 et seq.), the Unlawful use of ADAD equipment — Consent to calls (T.C.A. § 47-18-1502), the Database of persons objecting to solicitation — Regulations — Enforcement actions (T.C.A. § 65-4-405), and the Disclosure by seller or service provider of personally identifiable information concerning consumers (T.C.A. § 47-18-2204).

According to the Tennessee Video Consumer Privacy Act, video tape service providers and video tape sellers are prohibited from disclosing personally identifiable information of their customers without obtaining informed, written consent [1.3]. The Act defines personally identifiable information as any information that identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller. Therefore, if the customer data you intend to use for marketing purposes includes information about the specific video materials or services rented by customers, you must obtain their informed, written consent before disclosing such information.

The Disclosure by seller or service provider of personally identifiable information concerning consumers Act allows video tape service sellers or providers to disclose personally identifiable information concerning any consumer to any person if the disclosure is for the exclusive use of marketing goods and services directly to the consumer, and the video tape service seller or provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure [1.2]. Therefore, if you intend to use customer data for marketing purposes, you must provide the consumer with the opportunity to prohibit such disclosure.

The Unlawful use of ADAD equipment — Consent to calls Act prohibits the use of automatic dialing and announcing devices (ADAD) for the purpose of advertising or offering for sale any goods, services, or property without obtaining prior consent from the called party [2.1]. The Act requires that the consent be in writing and clearly state its purpose and effect, as well as how it may be withdrawn. Therefore, if you intend to use ADAD equipment for telemarketing purposes, you must obtain prior written consent from the called party.

The Database of persons objecting to solicitation — Regulations — Enforcement actions Act requires the establishment of a database of telephone numbers of residential subscribers who object to receiving telephone solicitations [3.2]. The Act requires that local exchange companies inform their residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations. Therefore, if you intend to use customer data for telemarketing purposes, you must ensure that the telephone numbers of residential subscribers who object to receiving telephone solicitations are not included in your database.

In summary, if you intend to use customer data for marketing purposes in Tennessee, you must ensure that you comply with the Tennessee Video Consumer Privacy Act, the Unlawful use of ADAD equipment — Consent to calls Act, the Database of persons objecting to solicitation — Regulations — Enforcement actions Act, and the Disclosure by seller or service provider of personally identifiable information concerning consumers Act. Specifically, you must obtain informed, written consent before disclosing personally identifiable information of customers, provide the consumer with the opportunity to prohibit disclosure of their personally identifiable information, obtain prior written consent from the called party before using ADAD equipment for telemarketing purposes, and ensure that the telephone numbers of residential subscribers who object to receiving telephone solicitations are not included in your database.

Source(s):
Jurisdiction

Tennessee