The California Consumer Privacy Act and How it Affects Movers
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6/5/20 Update: Good News! Leads are now available again in California.
Due to changes in the final CCPA regulations, we are again able to sell our Leads and Lead plus Postcard Fulfillment services to movers in California.
On January 1st, 2020, the California Consumer Privacy Act (CCPA) will take effect. CCPA makes California the first state to regulate the sale and use of consumer data by businesses and gives California residents control over the use of their personal information (PI).
What does CCPA mean for movers?
For most moving companies, their regular business activity will not meet these regulations, and they will not need to change their operations to comply with the legislation. However, if you are buying sales leads, you should make sure that all of your lead providers are complying with the law. You could face fines and penalties if the lead provider is breaking the rules.
At MovingLeads.com, we have been working with legal experts with extensive knowledge of the CCPA to ensure that our services are compliant so that we can continue to support movers in California.
Below we answer frequently asked questions about CCPA and provide links to supporting documents when possible.
#1 What is the California Consumer Privacy Act (CCPA)
It is legislation intended to enhance the privacy rights and consumer protection for residents of California. The Act provides California residents with the right to:
- Know what personal information is collected.
- Know whether their data is sold or disclosed and to whom.
- Say no to the sale of personal data.
- Access their data.
- Request a business to delete any personal information about a consumer collected from that consumer.
- Not be discriminated against for exercising their privacy rights.
#2 When will CCPA be implemented?
The California State Legislature passed the bill, and Jerry Brown, Governor of California, signed it into law on June 28, 2018. The Attorney General is currently writing rules of enforcement, and the final regulations will be in place by the end of the year. CCPA becomes effective on January 1, 2020. The Attorney General will not enforce the legislation until July of 2020. However, we are taking steps to be compliant before then.
#3 What are the enforcement rules currently under review by the Attorney General?
Some rules would require data providers to give prior-notice to a consumer that the company intends to sell their data. The consumer would then be given time to opt-out of such a sale. This rule could mean that a lead provider will need to wait for weeks before selling sales leads.
#4 What data is considered private data under CCPA?
CCPA defines Personal Information (PI) as information that identifies or is reasonably capable of being associated with a particular consumer or household. Examples of PI are a real name, alias, postal address, email address, telephone number, inferences (about the likelihood to respond to particular offers), or other similar identifiers.
#5 Isn't county public record data excluded?
While county public records are exempt from the law, it is the observation of behavior (selling a home) and inferences (likely to move) that fall under the terms of the legislation.
#6 What businesses must comply with the CCPA?
If you are an owner or decision-maker at your moving company, you should determine whether the CCPA applies to your company. CCPA affects any entity that does business with, and handles the personal information of California consumers that also meet any of these three criteria:
- Have $25 million or more in annual sales; or
- Possess the personal data of more than 50,000 “consumers, households, or devices” or
- Earn more than half of its revenue selling consumer data
#7 What are the fines if I violate CCPA?
Violations of the CCPA are enforced by the California Attorney General's office, which can issue civil monetary penalties of up to $2,500 per violation, or $7,500 for each intentional violation. Currently, the California AG's office must provide notice of any alleged breach and allow for a 30-day cure period before issuing any fine.
Of course, cumulative fines for large and systemic abuses may add up to be costly. For example, violating the rights of 100 consumers x $2,500 = a $250,000 penalty.
#8 How can I tell if my lead provider is complying with CCPA?
The moving lead provider needs to prove that they have given notice to the homeowner and provided ample time for the homeowner to opt-out of being a lead sold to you. They should have a system for collecting opt-out requests in place and also offer you a way to have consumers opt-out if they contact you.
#9 Can a lead provider say they are compliant by only selling the street address?
Not really. The street address itself is not protected. Still, the inference that the consumer may be likely to hire a mover is protected. The fact that you want to use the list for marketing means that the law protects the data.
#10 Can I get leads from a real estate agent or the MLS?
No! Most MLS boards have current rules about access to consumer information and restrictions on selling data. Now, consumer data will also be subject to state law. If you get sales leads from a Realtor, you are subject to legal action from the MLS, and you might be subject to fines from the Attorney General.
#11 How will CCPA affect my list-only sales leads?
We will no longer offer sales leads in California (if the current draft Attorney General rules become final).
#12 How will CCPA affect my leads plus fulfillment service?
The good news is that you can continue to reach your best potential customers with direct mail. Our solution is to mail postcards on a mover's behalf. The only change is that movers will not receive the actual data covered in the act—name and street address. Your direct mail campaign will be fully compliant with the new legislation.
Also, we are prepared to handle consumer inquiries:
- We will offer a website for consumers to opt-out
- We will provide our customers with a template email and message script for any consumer that questions your CCPA compliance or wishes to opt-out.
#13 How will I know if MovingLeads.com is sending my postcards?
- You will continue to receive a daily email and have a downloadable XLS spreadsheet of the postcards that we mailed for you. You will receive the city, state, asking price of the home, date collected, and real estate company.
- We recommend using a unique URL and call track number on the postcards so that you will have automated tracking in place for responses to these mailings.