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Consumer Privacy Laws

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Both federal and state laws exist to ensure and protect consumer privacy. Congress typically enacts national laws regarding consumer privacy out of necessity, such as when technological advancements are made that change the way information is collected and/or shared.

Consumer privacy laws generally cover a broad-spectrum of issues ranging from the way personal information is collected, used, and shared, to the types of information protected. Some of the types of personal information consumer privacy laws safeguard include:

  • Financial records
  • Educational records
  • Driver's records
  • Telephone records
  • Insurance records
  • Video rental history

While this list is not exhaustive, it does provide some examples of the types of personal information covered under national law.

Common Consumer Privacy Laws

  • Fair Credit Reporting Act (FCRA) – Congress enacted this law in 1970 to regulate the disclosure of consumer information by credit reporting agencies. This law specifically states that credit reporting agencies can only disclose personal information to third parties for "legitimate" purposes. Such purposes may include employment or insurance evaluation, licensing or other government benefit, or other valid business needs. The FCRA does not, however, restrict the amount or type of information that can be collected.
  • Children's Online Privacy Protection Act (COPPA) of 1998 – COPPA was enacted to protect the personal information of children under 12 from misuse by commercial websites and other online services directed at young children. The Act specifically requires parental consent and/or parental notification for personal information collected from children.
  • The Gramm-Leach-Bliley Act (2000) – This Act regulates how financial institutions use and share personal information about their consumers. It also provides consumers with limited control (by means of an opt-out) over how financial institutions they wish to do business with use and/or share their personal information.

These are just a few of the many national laws that protect consumer privacy rights. It is essential to note that no national law exists to protect personal information shared online. State laws vary on a state-to-state basis.

If you feel that your consumer privacy rights have been violated, it is wise to seek the advice of an experienced consumer fraud attorney who can help you understand the law and your legal rights. Please contact us today to speak with a qualified consumer advocate.