Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Use of Third-Party Email Marketing Tools in Utah

Utah has specific regulations regarding the use of personal information, including email addresses, by licensees and registered persons.

According to UTAC R590-258-4, a person who is licensed or registered with the commissioner shall submit and maintain with the commissioner one or more valid business email addresses where the person can receive communication from the department. The correspondence sent by the department to an email address required in Subsection (1) shall be considered received by the person.

Additionally, UTAC R590-206-14 prohibits a licensee from disclosing 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, except in certain circumstances.

Therefore, if a third-party email marketing tool is collecting personal information, including email addresses, from Utah residents, the licensee or registered person must ensure that the tool is not disclosing the information to nonaffiliated third parties for marketing purposes, unless an exception applies.

UTAC R590-206-12 states that a licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure. However, UTAC R590-206-15 provides an exception to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing, provided that the licensee provides the initial notice and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information.

It is recommended that licensees and registered persons consult with legal counsel to ensure compliance with all applicable regulations.

[1.1][2.2][2.1][2.3][2.4]

Source(s):
Jurisdiction

Utah