PRC Opposes Calif. Proposition 64

Nov. 5: Unfortunately, Prop. 64 passed in the Nov. 2 Elections by a 59% to 41% margin.

The Privacy Rights Clearinghouse urges California voters to oppose the November 2nd ballot initiative Proposition 64, which limits the enforcement of laws that protect against consumer abuses, polluters, and privacy violations. We also urge those who are interested in learning more about the mischaracterization of “trial lawyers” and “shakedown” lawsuits as a national issue, to read on.

Using Court Record Information for Marketing in the United States: It's Public Information, What's the Problem? (Gottlieb)

Your divorce was final last month and today you received a postcard from a local health club advertising a Ladies' Special membership. You have been thinking it is time for a "new you" and joining a health club would be a step in that direction. Is the postcard a coincidence, or good timing and smart marketing on the health club's part? It might not be a coincidence if you live in Ipswich, Massachusetts where the Probate and Family Court recently received a request from a local health club seeking the names and addresses of recently divorced women.

Federal Agencies' Joint Request for Comment: Alternative Forms of Privacy Notices

The Gramm-Leach-Bliley Act (GLB) requires financial institutions to give customers annual notice of how personal information is collected and disclosed, and, under limited circumstances, a means for customers to control information flow. The notices delivered to consumers, beginning with the effective date of July 1, 2001, until now have generated substantial criticism from all interested parties. As the ANPR notes, there have been broad-based concerns expressed by representatives of financial institutions, consumers, privacy advocates, and Members of Congress.

In response to numerous concerns expressed by all stakeholders about privacy notices, the FTC convened a workshop in December 2001, just five months after financial institutions were required to send the initial privacy notice to customers. To further address these continuing concerns, the Agencies have published the ANPR. That the Agencies are willing to revisit the issue of clear notice to consumers by considering a short-form notice is an encouraging sign for consumer privacy interests.

Consumers on the Do Not Call Registry Allege Telemarketing Calls by Mortgage Concepts

Consumers in Southern California say they have been receiving calls from a company called Mortgage Concepts even though they are on the National Do Not Call Registry. The pre-recorded outbound sales calls ask consumers to push a number on their phone if they are the homeowner. They are then asked additional questions such as whether they are in the market to refinance their mortgage and are told a representative from Mortgage Concepts will call them back. When a representative does call them back, the company does not disclose information about their whereabouts.

PRC's Privacy Update No. 2, Iss. 6

In this issue . . .

[1] Privacy Rights Clearinghouse Files Lawsuit Charging Albertsons’ Pharmacies with Violating the Privacy of Pharmacy Customers

[2] What’s New on the PRC’s Web Site--Fact Sheets Galore!
--UPDATED: Fact Sheet 6 Now Notes Updates to the Fair Credit Reporting Act under FACTA
--UPDATED: Fact Sheets 16 and 16(b)-- Updated with FACTA Changes to Workplace Investigations and Free Background Check Reports
--NEW! Fact Sheet 6(a): FACTA, the Fair and Accurate Credit Transactions Act: Consumers Win Some, Lose Some
--NEW! Fact Sheet 24(e): Is Your Financial Information Safe?

[3] The Return Exchange: Have You Been Denied the Ability to Make Returns or Exchanges with Large Retailers? We Want to Know.

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