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

Based on the context documents, there are several privacy laws in Texas that regulate the use of customer data for marketing purposes.

Requirements for using customer data for marketing purposes

Tex. Util. Section 64.202 requires commercial mobile service providers to obtain express consent from customers before publishing their name and telephone number in a directory or providing it for publication. The consent can be given in writing, verbally, or on a website maintained by the provider. Before obtaining consent, the provider must disclose in writing or verbally that the customer’s telephone number may be sold or licensed as part of a list of customers and may be included in a publicly available directory. The customer may revoke their consent at any time, and the provider must comply with the request within 60 days.

Tex. Bus. & Com. Section 501.052 prohibits a person from requiring an individual to disclose their social security number to obtain goods or services from or enter into a business transaction with the person unless the person adopts a privacy policy, makes the privacy policy available to the individual, and maintains under the privacy policy the confidentiality and security of the social security number disclosed to the person. The privacy policy must include how personal information is collected, how and when the personal information is used, how the personal information is protected, who has access to the personal information, and the method of disposal of the personal information.

Conclusion

In Texas, customer data cannot be used for marketing purposes without obtaining the customer’s express consent. Additionally, a person cannot require an individual to disclose their social security number to obtain goods or services from or enter into a business transaction with the person unless the person adopts a privacy policy, makes the privacy policy available to the individual, and maintains under the privacy policy the confidentiality and security of the social security number disclosed to the person. The privacy policy must include how personal information is collected, how and when the personal information is used, how the personal information is protected, who has access to the personal information, and the method of disposal of the personal information.

^[4.1][4.3]

Source(s):

• [4.1] PRIVACY POLICY NECESSARY TO REQUIRE DISCLOSURE OF SOCIAL SECURITY NUMBER.
• [4.3] USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT CARD TRANSACTION.

Jurisdiction

Texas

• General