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Can I use third-party email marketing tools that collect personal information in Tennessee? What are the requirements?
Use of Third-Party Email Marketing Tools in Tennessee
Based on the provided context documents, Tennessee has regulations that govern the use of unsolicited electronic advertising [2.1]. These regulations require that any person or entity conducting business in Tennessee must establish a toll-free telephone number or return email address that a recipient of unsolicited e-mailed documents may call to notify the sender not to email the recipient any further unsolicited documents. Upon notification by a recipient of the recipient’s request not to receive any further unsolicited e-mailed documents, no person or entity conducting business in Tennessee shall email or cause to be e-mailed any unsolicited documents to that recipient.
Additionally, Tennessee has limits on sharing account number information for marketing purposes [1.3](0780-1-72-.13). A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.
However, it is unclear from the context whether the use of third-party email marketing tools that collect personal information is allowed or not. Therefore, we cannot provide a definitive answer to your question.
[2.1]: TNCO 47-18-2501
Source(s):
- [2.1] Regulation of unsolicited electronic advertising — Falsification of electronic mail transmission information prohibited — Institution of actions and damages.
- [1.3] LIMITS ON SHARING ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES
Jurisdiction
Tennessee