Associate Christopher M. Loeffler Quoted Regarding Privacy Bill’s Impact on Mobile Marketing
May 6, 2010
The Mobile Marketer article “Is the Draft Privacy Bill a Threat to Mobile Marketing?” discussed the draft privacy bill that places limits on how consumer personal information is collected, used and disclosed, which has potentially sweeping repercussions for mobile marketing. Associate Chris Loeffler expressed that “a number of the provisions in the discussion draft privacy bill proposed by Representatives Boucher and Stearns would, if enacted, affect the mobile environment and how companies use phone numbers collected from consumers for marketing purposes.”

Additionally, “there are also very distinct requirements regarding the information that must be contained in the privacy policy," Chris said. "Notably, this would apply to information collected offline as well as online.” What is worse is that if a mobile marketer uses an unaffiliated third party to implement its campaign – as many marketers do – disclosure to that third party would require a consumer's opt-in consent, unless the third party meets the bill's definition of a service provider and certain requirements are satisfied, per Chris.