Whether a company needs consent to send a marketing communication to a business contact (or prospect) identified during a conference or a trade show typically depends on the following factors:
(1) The mode of communication (e.g., email, telephone, or SMS) that the company intends to use to contact the business contact. As a general proposition, consent is not needed within the United States to send email communications to prospects; consent may be needed to send telephone (voice or SMS) marketing communications to prospects.
(2) The technology utilized for the contact. If a company intends to send a telephone (voice or SMS) marketing communication, the level of consent and the level of documentation to substantiate the consent is generally greater if the company intends to use an automated telephone dialing system (“ATDS”) to send the message, will be transmitting a pre-recorded message, or is contacting a wireless telephone number.
The CCPA does not enhance, or lessen, the consent requirements imposed by federal law for transmitting marketing communications.
For more information and resources about the CCPA visit http://www.CCPA-info.com.
This article is part of a multi-part series published by BCLP to help companies understand and implement the General Data Protection Regulation, the California Consumer Privacy Act and other privacy statutes. You can find more information on the CCPA in BCLP’s California Consumer Privacy Act Practical Guide, and more information about the GDPR in the American Bar Association’s The EU GDPR: Answers to the Most Frequently Asked Questions.
This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.