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

Using Third-Party Email Marketing Tools in Michigan

If you are using third-party email marketing tools that collect personal information in Michigan, you must comply with Michigan law. Michigan law regulates the use and disclosure of nonpublic personal financial information by certain associations or facilities [1.1][1.2]. It also regulates the sending of unsolicited commercial emails [4.1].

Requirements for Using Third-Party Email Marketing Tools

To comply with Michigan law, you must:

  1. Not disclose or use nonpublic personal financial information except as provided by law [1.1][1.2].
  2. Ensure that personal information is not visible from the outside of the envelope or package [2.1].
  3. Provide an initial notice, opt-out notice, and a reasonable opportunity to opt-out before disclosing nonpublic personal financial information to nonaffiliated third parties [1.2][1.5].
  4. Obtain consent to use a third party’s internet domain name or email address [4.1].
  5. Not misrepresent information [4.1].
  6. Include necessary information to identify the point of origin of the commercial email [4.1].

Conclusion

In summary, you can use third-party email marketing tools that collect personal information in Michigan, but you must comply with Michigan law, including regulations on the use and disclosure of nonpublic personal financial information, delivery of envelopes or packages with personal information visible, and sending unsolicited commercial emails. It is recommended that you consult with a legal professional to ensure compliance with all applicable laws.

Source(s):
Jurisdiction

Michigan