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Can I use third-party email marketing tools that collect personal information in Kansas? What are the requirements?

Requirements for using third-party email marketing tools that collect personal information in Kansas

If you are using third-party email marketing tools that collect personal information in Kansas, you must comply with the following requirements:

  1. The Commercial Electronic Mail Act (KSST 50-6,107) prohibits the initiation, assistance, or conspiracy to initiate the transmission of a commercial electronic mail message from a computer located in Kansas or to an electronic mail address that the sender knows is held by a Kansas resident that violates the Kansas Consumer Protection Act. The act also requires that commercial electronic mail messages contain specific information in the subject line and provide instructions for the recipient to follow to notify the sender not to send any subsequent communications. Violation of this act is an unconscionable act and practice under the Kansas Consumer Protection Act, and any person alleging a violation of this section may bring a private action to seek relief.
  2. Prohibiting the taking of personal information when using a credit card (KSST 50-669a) prohibits any person, firm, partnership, association, or corporation that accepts credit cards for the transaction of business from requiring the cardholder to write any personal identification information upon the credit card transaction form or otherwise, or provide personal identification information that the person accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise. Personal identification information means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder’s address and telephone number. However, subsection (c) of the act provides exceptions for personal identification information required by the card issuer to complete the credit card transaction or for a special purpose incidental but related to the individual credit card transaction, including, but not limited to, information relating to shipping, delivery, servicing, or installation of the purchased merchandise or for special orders.
  3. Requirements for holders of personal information (KSST 50-6,139b) mandate that holders of personal information implement and maintain reasonable procedures and practices appropriate to the nature of the information, and exercise reasonable care to protect the personal information from unauthorized access, use, modification, or disclosure. If federal or state law or regulation governs the procedures and practices of the holder of personal information for such protection of personal information, then compliance with such federal or state law or regulation shall be deemed compliance with this paragraph and failure to comply with such federal or state law or regulation shall be prima facie evidence of a violation of this paragraph.

In summary, if you are using third-party email marketing tools that collect personal information in Kansas, you must comply with the Commercial Electronic Mail Act, Prohibiting the taking of personal information when using a credit card, and Requirements for holders of personal information. It is important to ensure compliance with these requirements to avoid violating the Kansas Consumer Protection Act. [1.2][2.1]

Source(s):
Jurisdiction

Kansas