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

Requirements for Using Third-Party Email Marketing Tools in Texas

If you plan to use third-party email marketing tools that collect personal information in Texas, you must comply with the following requirements:

  1. Consent: You must obtain the recipient’s consent to receive marketing emails. Sending unsolicited emails is prohibited by Texas law [2.2].
  2. Opt-out: Your email must include a clear and conspicuous opt-out mechanism that allows the recipient to easily unsubscribe from future emails [2.4].
  3. Non-Disclosure: The third-party email marketing tool must have a contractual agreement with you that prohibits the third party from disclosing or using the information other than to carry out the purposes for which you disclosed the information [1.1].
  4. Limits on Redisclosure and Reuse: If you disclose nonpublic personal financial information to a nonaffiliated third party, the third party may disclose and use that information only as specified in §22.15 of this title [1.3].
  5. Disclosure Requirements: If you are selling or providing electronic mail addresses, you must comply with the disclosure requirements outlined in Tex. Bus. & Com. Section 302.151 [2.1].
  6. Impeding Electronic Mail Messages Prohibited: An electronic mail service provider may not intentionally impede the transmission of another person’s electronic mail message based on the content of the message unless authorized to block the transmission under Section 321.114 or other applicable state or federal law, or has a good faith, reasonable belief that the message contains malicious computer code, obscene material, material depicting sexual conduct, or material that violates other law [2.5].
  7. Unauthorized Collection or Culling of Personally Identifiable Information: You may not knowingly cause computer software to be copied to a computer in Texas and use the software to collect personally identifiable information through intentionally deceptive means or cull, through intentionally deceptive means, certain kinds of personally identifiable information from the consumer’s computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an owner or operator of the computer [2.6].

Conclusion

To use third-party email marketing tools that collect personal information in Texas, you must obtain the recipient’s consent, include an opt-out mechanism, have a non-disclosure agreement with the third-party, comply with limits on redisclosure and reuse of nonpublic personal financial information, comply with disclosure requirements, not impede electronic mail messages, and not collect or cull personally identifiable information through intentionally deceptive means.

Source(s):
Jurisdiction

Texas