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

Using Third-Party Email Marketing Tools in West Virginia

If you are using third-party email marketing tools that collect personal information in West Virginia, you must comply with the state’s laws and regulations regarding electronic mail and the disclosure of nonpublic personal financial information.

Electronic Mail

West Virginia Code § 46A-6G-2 prohibits the initiation of unauthorized electronic mail messages with the intent to deceive and defraud, or bulk electronic mail messages that contain false or misleading information in the subject line, do not clearly provide the date and time the message is sent, the identity of the person sending the message, and the return electronic mail address of that person, or contain sexually explicit materials. Additionally, the use of a third party’s Internet domain name without permission or misrepresenting any information in identifying the point of origin or transmission path of a commercial electronic mail message is prohibited.

Therefore, if you are using third-party email marketing tools that collect personal information in West Virginia, you must ensure that the messages comply with the requirements outlined in West Virginia Code § 46A-6G-2.

Disclosure of Nonpublic Personal Financial Information

West Virginia Code § 114-57-9 limits the disclosure of nonpublic personal financial information to nonaffiliated third parties. 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. The licensee must also comply with this section regardless of whether the licensee and the consumer have established a customer relationship.

However, there are exceptions to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing, as outlined in West Virginia Code § 114-57-12. If a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, 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, including use under an exception in sections 13 or 14 in the ordinary course of business to carry out those purposes, the opt-out requirements do not apply.

Therefore, if the third-party email marketing tools you are using collect nonpublic personal financial information, you must ensure that you comply with the requirements outlined in West Virginia Code § 114-57-9 and § 114-57-12.

Conclusion

In summary, if you are using third-party email marketing tools that collect personal information in West Virginia, you must comply with the state’s laws and regulations regarding electronic mail and the disclosure of nonpublic personal financial information. You must ensure that the messages comply with the requirements outlined in West Virginia Code § 46A-6G-2. Additionally, if the third-party email marketing tools you are using collect nonpublic personal financial information, you must ensure that you comply with the requirements outlined in West Virginia Code § 114-57-9 and § 114-57-12.

Jurisdiction

West Virginia

• Privacy