Is your Website Privacy Policy Up to Date?

Mike Etmund

The California Online Privacy Protection Act (OPPA) requires operators of commercial websites that collect personal information about California residents who visit the website to display its privacy policy on the website.

Effective January 1, 2014, new amendments to the OPPA call for website operators to clarify and disclose how it responds to “Do Not Track” signals and to what extent information that is collected from consumers is shared across different websites.  The “Do Not Track” feature on a web browser allows a user to limit how information is shared online.  The remaining requirements for website privacy policies established in the OPPA continue unchanged.

This law applies to collection agencies and law firms that utilize websites to collect personal information about consumers in California.  Most commonly this would impact online payment portal websites used by consumers to remit electronic payments.  However, it may also include general website contact queries depending on the level of personal information obtained from the consumer.

If your business operates a commercial website that is accessible by California consumers, please refer to Section 22575 of the California Business and Professions Code for additional information as to how the OPPA may affect your business.

Please note this law is not limited to entities that are located in California.  Additionally, other states have enacted website privacy policy laws as this area continues to develop.  If your business website does not contain a privacy policy or the privacy policy has not been updated recently, this may be an opportune time to review it.

Michael T. Etmund is an attorney with Moss & Barnett, practicing in the areas of collection and in the defense of the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and other consumer protection statutes. A zealous advocate of creditors’ remedies, Mr. Etmund has earned a reputation for his efficient methods and his ability to obtain high recovery rates, even in potentially volatile situations.  He regularly represents creditors, including corporations and other general business entities, in contract, compliance and commercial collection matters.