Is it legal for a business to take customer information from their personal checks?

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Is it legal for a business to take customer information from their personal checks?

A business is taking customer details including name and address and adding it to a mailing list. The customers are not informed that their information will be used in such a way. Is this a form of spam? Is it legal? The information is not being sold to any other groups however it is being used to promote this particular business.

Asked on June 5, 2011 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A business *may* use for its own marketing purposes any information it receives from customers, whether such information is provided explicitly or as information to enable payment, so long as it does not violate any applicable laws in relation to "spam" or other prohibited advertising. This is, in fact, the main way that business traditionally obtained this information and created their own internal mailing lists, in the years before online ordering, which such ordering would require the prospective customer to explicitly fill out an internet form containing information usuable for marketing purposes. Obviously, the business is liable for any ill-effects, criminal usuage, etc. made of personal information which it retains in its files and uses.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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