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

Third-Party Email Marketing Tools in Louisiana

If you plan to use third-party email marketing tools that collect personal information in Louisiana, you must comply with Louisiana laws and regulations. Louisiana has laws that regulate the use of personal information, including email addresses, by businesses. The Louisiana Administrative Code (LAC) provides guidelines for the use of personal information by licensees, including third-party email marketing tools.

Use of Personal Information by Licensees

According to LAC §9925, licensees who receive nonpublic personal financial information from a nonaffiliated financial institution may only disclose and use that information as authorized by state law. Licensees who receive nonpublic personal financial information from a nonaffiliated financial institution outside of the exceptions provided in LAC §9931 or §9933 may only disclose the information to affiliates or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Disclosure Requirements for Online Marketplaces

LARS §51.3264 requires online marketplaces to require high-volume third-party sellers to provide their contact information, including email addresses, if they have an aggregate total of twenty thousand dollars or more in annual gross revenues on the online marketplace.

Procedure for Requesting Personal Information

All requests seeking disclosure of personal information shall be in writing, except electronic requests submitted to the department pursuant to a contract authorized by Subchapter B. The requester shall provide such information as may be required by the department to establish the requester’s identity and the requester’s status as a person who may receive the requested personal information.

Conclusion

Based on the information provided in the context documents, it is unclear whether third-party email marketing tools are subject to specific requirements in Louisiana. However, licensees who receive personal information are subject to restrictions on the disclosure and use of that information, and online marketplaces are required to collect contact information from high-volume third-party sellers.

Therefore, if you plan to use third-party email marketing tools that collect personal information in Louisiana, it is recommended that you consult with a legal professional to ensure compliance with Louisiana laws and regulations.

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Source(s):
Jurisdiction

Louisiana