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

Requirements for using third-party email marketing tools that collect personal information in Wisconsin

Based on the provided context documents, there are no specific requirements for third-party email marketing tools that collect personal information in Wisconsin. However, there are general regulations related to marketing practices and the disclosure of personal information that should be followed.

Under WIAC Ins 25.40, a licensee is prohibited 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. This means that if a third-party email marketing tool is used to send marketing emails to consumers, the licensee must ensure that personal information, such as policy numbers or access codes, is not disclosed to nonaffiliated third parties without proper authorization.

However, there is an exception to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing under WIAC Ins 25.50. The opt-out requirements in ss. Ins 25.17 and 25.30 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party for the purpose of marketing goods or services under the brand name of a licensee under ch. Ins 15, or an affiliate of such a licensee, if the licensee complies with certain requirements. These requirements include providing the initial notice in accordance with s. Ins 25.10, entering 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 or its affiliate disclosed the information, and requiring the third party to implement reasonable safeguards to protect the security and confidentiality of its nonpublic personal financial information.

Additionally, under WIAC ATCP 127.83, telephone solicitation practices are regulated, and certain requirements must be followed when making telephone solicitations. While this regulation specifically pertains to telephone solicitations, it may provide guidance for email marketing practices as well.

Overall, it is important to ensure that personal information is not disclosed without proper authorization and that marketing practices comply with applicable regulations.

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Source(s):
Jurisdiction

Wisconsin