Colorado Privacy Act: What Law Firm Marketers Need to Know Now

In a recent report from U.S. News, Colorado was ranked second in a list of Best States for economy. In that same study, the Rocky Mountain state was ranked 4th for business environment, 5th for growth, and 1st for employment. Colorado is also known for its highly educated workforce and is home to three of the top twenty performing cities in the United States. In addition to established businesses and industries, Colorado also has a thriving startup market. Over the past five years, capital invested in Colorado companies has grown nearly 90% in industries as diverse as artificial intelligence, software, biotech, fintech, media and telecommunications — all of which makes Coloradans lucrative to marketers in any industry.

To address privacy concerns and increased data collection, the Colorado Privacy Act (CPA) was recently passed by state legislators and will soon go before Governor Jared Polis for his signature. So, what does this mean for firms marketing their services in Colorado? Firms that acted under the California Consumer Privacy Act (CCPA) or the General Data Protection Regulation (GDPR) should be in good shape.

Wondering if the CPA applies to your firm? Here are some questions to get you started:

  • Does your firm collect and store data on more than 100,000 Colorado residents?
  • Does your firm earn revenue from the data of more than 25,000 Colorado consumers?
  • What kind of opt out process do you have in place?
  • What kind of data are you collecting and storing (in your CRM, for example)?

If you answered yes to either of the first two questions, the CPA applies no matter where your firm is located. Unlike CCPA and GDPR, the CPA includes a provision for a universal opt-out which would provide Coloradans with the ability to say no to the collection of their personal data across all websites (akin to the National Do Not Call Registry). With the universal opt out in play, it’s important to have a process for managing your opt outs.

Worried you’re not quite ready? Don’t fret! If signed by Governor Polis, the effective date for the bill is July 1, 2023 and the universal opt out must be must be honored starting in 2024 — you have some time. In the meantime, our team of former law firm marketing and IT professionals are here to help! Contact us with questions about the data your store in your CRM or to conduct a database audit.

Look for a post on best practices for managing your opt outs and unsubscribes coming soon. Having a process in place isn’t just a best practice, it’s good business. The integrity of your contact data and the quality of your mailing lists impact your deliverability and your sender reputation which ensures that those wanting to read your communications get the chance to do so.