Blog: Consent
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TCPA Compliance for SMS Marketing: How to Avoid Fines
Businesses can avoid Telephone Consumer Protection Act (TCPA) fines by taking steps such as providing disclosures, honoring opt-out requests, and getting express written consent before sending Short Message Service (SMS) marketing texts. This article explains what the TCPA is, whether it applies to SMS messages, the differences between how SMS messages...
How to Get Legal Consent for SMS Marketing (TCPA Express Written Consent Guide)
To send marketing (advertising/telemarketing) SMS in the U.S., you generally need "prior express written consent" when the texts are sent using automated technology covered by the TCPA and FCC rules. For purely informational/transactional texts (e.g., appointment reminders), the consent standard is typically "prior express consent" (not written), as long as the...
Consent or Pay
Consent or pay is a business model where websites give users a choice between paying for a service, consenting to share personal data, or not using the service at all. The legality of this is in question, as most privacy laws require users to provide freely-given consent to sharing their...
The Rise of Class Actions in Data Protection: What Companies Should Expect
Class action lawsuits are on the rise, and laws such as the European Union's (EU) Directive 2020/1828 make it easier for consumers to bring collective action against companies that breach EU privacy and data protection laws. This article explains what data protection class actions are, the role of Directive 2020/1828, common...
How to Legally Collect Zero-Party Data Across Different Jurisdictions
Zero-party data is a marketer's dream. Forget inferences and assumptions, zero-party data is personal information customers voluntarily share with your business. It can provide incredible insights into an individual's tastes, product preferences, and personal style, allowing you to enhance and personalize the customer experience. However, just because a user voluntarily gives...
The Legal Anatomy of a Contact Form: Fields, Storage, and Consent
Your website's contact form might seem like a minor submission box, but in many cases, it's the point where personal information first enters your system, which makes it the starting line for privacy obligations. More specifically, collecting names, email addresses, and other identifiable information can bring your business under the scope...