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URGENT: Businesses who handle California Consumer Data must act before the CCPA takes effect on January 1
The new California Consumer Privacy Act will go into effect January 1, 2020 and gives California residents new rights to access and control their personal information, such as their names and phone numbers, for example. The Act will affect most businesses who handle the personal information of California residents. For example, if you conduct any business in California and you touch the data of 50,000 or more people or households, the Act applies to you. Individuals may sue for up to $750 per violation, including in class actions (similar to TCPA). Companies must act quickly to update their privacy policies and opt-in websites with CCPA disclosures. Businesses must also create new methods allowing consumers to obtain access to a copy of all personal information you have regarding them, and then to have you delete it or refrain from selling it upon demand. A number of other significant rules apply and only very limited exemptions exist - such as for certain B2B and human resources data.
Indiana amends its Telephone Solicitor Act – Most telemarketers now need the Indiana license
Indiana amended its Telephone Solicitor Act earlier this year. The amendments removed registration exemptions that were relied on by many businesses who conduct telephone solicitations and imposes severe penalties for violations of its requirements. Civil penalties include fines of up to $10,000 for the first violation or $25,000 for subsequent violations. The law defines Solicitation as “a telephone conversation or attempted telephone conversation in which the seller offers, or attempts to offer, an item to another person in exchange for money or other consideration.” Indiana has also released a memorandum to clarify that Do Not Call exemptions found in IC 24-4.7-1-1 may apply to a seller who would otherwise be required to register with the state. Marketers should be aware that if they call all 50-states, they need more than just their home-state license. Most states require the licensing even if you merely call into their state. Many possible exemptions exist.
Pennsylvania Telemarketing Registration Act Amended – B2B callers must now scrub State DNC.
The Pennsylvania legislature recently amended the Telemarketer Registration Act, 73 P.S. §§2241 – 2249. Important changes include a prohibition of telephone solicitation calls on legal holidays and the inclusion of business telephone numbers to the state’s Do Not Call registry. Additional rules were also created for the use of prerecorded messages, including that they include an opt out option at the beginning of the message.