We are all victims of it – junk or “spam” solicitations clogging our small mailboxes and limited-size email inboxes for some promotional offer or service that we have never heard of. We are often left to wonder – how did that business get my email address?
There are numerous ways businesses collect and “mine” your personal data, and sell that information to other companies. More than likely you have consented to those terms by using a webpage, downloading an app, or simply voluntarily providing your name and email. Entities collect and sell this information to other businesses, and as a result you receive targeted advertisements that are catered to your browsing and buying demographic.
But what happens if you didn’t consent for a business provider to solicit that information? As a consumer you are protected by certain rights; it is important to understand what rights you have, and to know how businesses can use your information, and how to receive notices when that information is transferred or, even worse, breached.
1. Do Not Post Your Personal Information on Websites
One of the most important ways to protect your personal information is to NOT post it on a website. By voluntarily providing this information, you may have consented to receiving promotional offers AND to the collection of your personal and non-personal information. When “checking out” after online shopping, many websites will provide consumers with an encyclopedia of legalese jargon that can be difficult to understand on why they are collecting personal information.
If you choose to provide your e-mail address, look for an option that precludes the webpage from sharing your address or sending you newsletters. Most reputable websites will give you this option. If the webpage does not offer it, you may want to think twice, and then think again, about providing your e-mail address or any personal information.
Another alternative is to block the storage of “cookies” in your web browser. A cookie is a product or message of a series of web and proxy caches that creates a unique identifying code and file. Your browser stores each message in a small file, called cookie.txt. When you request another page from the server, your browser sends the cookie back to the server. More enhanced or permanent cookies can remain in use after you end your browsing session.
To block the storage of cookies, simply check the privacy settings menu under preferences for blocking or limiting cookies. This is a useful, but not foolproof, way to prevent third-party collection of your personal information.
2. Limit Downloading Mobile Applications
Do you download and frequently use mobile apps on your phone? What about installing applications on your laptop or handheld device? By downloading an app, you may have expressed permission to a business or mobile platform service to track your location and collect data on when you use a mobile/web app, as well as grant the app permission to information stored on personal folders and contacts on your electronic device. This has led to reform and crackdowns on permissible use of personal and privacy data in Mobile and Web use.
The Federal Trade Commission (FTC) has been a primary advocate for consumer awareness within mobile technology. In a 2013 memorandum, the FTC reasoned that a personal electronic device is an extension of an individual – as such, the FTC worked with companies to construct regulations and guidelines on how to handle personal, private data collected and how to penalize corporations for violating privacy practices with deceitful and malicious tactics.
The FTC has since issued guidelines on what information businesses can mine and sell, how this data can be housed and stored on servers, how consumers must be informed of business practices concerning their privacy, and how consumers can limit their exposure to data mining and selling by opting out of databases and data collection. But always remember: if you consent to download an application, always review the fine print.
3. What About Unsolicited E-Mail?
The FTC strictly prohibits registered corporations from engaging in unsolicited commercial marketing practices and allows consumers to opt out of marketing solicitations. Unsolicited e-mail advertising, or “spam,” has emerged as a top concern for consumers throughout the United States. These unwanted e-mails can clutter in-boxes and deliver viruses and worms. Unfortunately, there are limited protections under state or federal law that can protect you from the receipt of these e-mails if a company is not registered OR if the email is an attempt of fraud.
You can start eliminating spam e-mails by simply being a smart and conscientious consumer. Contrary to representations made on these e-mails: (i) you did not win a foreign lottery; (ii) your credit card will NEVER ask you to verify personal information; (iii) foreign magistrates are rather unaware of your existence; and (iv) products sold through spam solicitation are a FRAUD. These e-mails are filled with fantastic promises of products sold for incredibly low prices. Remember, if you can’t believe the product and the price—then DON’T believe it.
If you receive a spam e-mail, you may also send it directly to the FTC at spam@uce.gov.
If you are reading this blog, you probably have more questions or concerns regarding your own particular matter. If that is the case, I encourage you to pick up the phone and call me at (212) 390-8983. I am here to answer your question
