Federal law sometimes requires that companies obtain consent prior to sending marketing communications. Whether a company needs consent to send a marketing communication to an individual that provided her information as part of a sweepstakes entry 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 individual. As a general proposition, consent is not needed within the United States to send email communications; consent may be needed to send telephone (voice or SMS) marketing communications to individuals.
(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 are generally greater if the company uses 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. It may require, however, that if a business collects personal information as part of a sweepstakes that the following steps be taken:1
1. Cal. Civ. Code § 1798.100(a), (b); 1798.140(v).
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