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Privacy Issues in Advertising and Promotions

The privacy law attorneys at The Lustigman Firm help provide guidance to advertising, promotions, marketing, and business clients in the United States and Canada. We help ensure our clients understand and plan for the privacy implications of advertising and promotional campaigns.

Whether your advertising campaign or sweepstakes promotion is delivered through an e-mail marketing campaign, through telemarketing, or by direct mail, there is a growing body of legislation defining how you may gather, store, share, and use data about your target audience.

Don’t risk fines, business interruption, or years of litigation. Contact The Lustigman Firm to talk directly to a privacy lawyer. Our experienced privacy law attorneys draft and review privacy policies and counsel clients on compliance with privacy laws, including the following:

The Gramm-Leach-Bliley Act (GLB) protects the privacy of financial data. It affects companies that provide financial services and products. If you are not a financial institution but you receive marketing leads from a covered institution, this will affect you as well.

The Health Insurance Portability and Accountability Act (HIPAA) protects individually identifiable health information held by or disclosed by a covered organization. Use of protected health information for marketing purposes requires a separate opt-in authorization.

The Children’s Online Privacy Protection Act (COPPA) and The California Online Privacy Protection Act (OPPA) both relate to the collection of private information on the Web. They are directly applicable to all online marketers.

The California Spyware Act of 2005 effects the collection of consumer usage data and software deposited within a user’s computer. This can affect not only spyware, but also legitimate adware.

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) regulates commercial e-mail used to sell a product or service and covers both business-to-business as well as business-to-consumer e-mails.

The Telemarketing Sales Rule (TSR) regulates telemarketing calls for the purchase of goods or to solicit a charitable contribution. It regulates how credit card information can be processed and the Do Not Call registry.

The California Disclosure of Personal Information to Direct Marketers Act covers non-financial companies that disclose customer information to a third party.

Understand which laws affect your business. Contact the privacy lawyers of The Lustigman Firm.

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