A bill under consideration by the New Hampshire legislation (HB 445) would deny advertisers the right to offer incentives to consumers for sharing location information.
So what is so iAWFUL?
Consumers often use geo-locating services to find nearby restaurants, discounts, and stores. These services involve the collection of geo-locations of consumers and include a one-time opt-in to such collection.
However, HB 445 would require a notice and consent every time consumers use such services, something most companies and users would find incredibly irritating.
In addition, HB 445 allows a $1,000 statutory damages penalty for each violation. So even if no harm occurs, an attorney can bring suit for $1,000 against a company. Even worse, an attorney can locate one piece of software that fails to comply with HB 445 and bring suit on behalf of a New Hampshire resident running that software.
This means that companies either completely rewrite their software to accommodate New Hampshire or face a litany of lawsuits for failing to obtain sufficient consent.
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