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The policy states that when a user consents to receive promotional calls or text messages, Zillow collects the user's IP address and a timestamp of consent as proof of that consent. This consent data is stated to be shared with third parties only for the purpose of proving that consent was given.
This analysis describes what Zillow's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that Zillow generates and retains a consent audit trail including IP address and timestamp when users opt into promotional communications. The policy's restriction on sharing this data solely for proof-of-consent purposes is relevant to compliance with TCPA documentation requirements for promotional text messaging.
Under this clause, opting in to promotional calls or text messages from Zillow results in Zillow collecting and retaining the user's IP address and consent timestamp as part of a proof-of-consent record. This consent data may be shared with third parties for the limited stated purpose of proving consent was given.
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"Consents: If you grant consent to us, such as consent to receive calls or text messages from us containing promotional content, we may generate or collect additional usage data (including your IP address, timestamp of your consent), referred to as text messaging originator opt-in data, to establish proof that you gave your consent. We will not share your consent or usage data with any third parties, except to prove that you gave your consent.Excerpt from Zillow's Privacy Notice
(1) REGULATORY LANDSCAPE: The collection of consent documentation including IP address and timestamp engages the Telephone Consumer Protection Act (TCPA), which requires express written consent for promotional text messages and calls to mobile numbers. Maintaining proof-of-consent records is a TCPA compliance practice. The FTC and FCC share oversight of TCPA compliance. State-level TCPA analogues may impose additional requirements. (2) GOVERNANCE EXPOSURE: Low to Medium. The consent data collection is a standard TCPA compliance mechanism. The disclosure that consent data may be shared with third parties 'to prove consent' should be evaluated in the context of any third-party platform or messaging service provider that delivers Zillow's promotional communications, to ensure that sharing is limited to the stated purpose. (3) JURISDICTION FLAGS: TCPA applies nationally. California's CCPA may classify the IP address and consent timestamp as personal data subject to disclosure and rights obligations. California also has state-level caller ID and autodialer statutes that interact with federal TCPA requirements. (4) CONTRACT AND VENDOR IMPLICATIONS: Messaging service providers receiving consent data from Zillow should be contractually restricted to using it solely for proof-of-consent purposes consistent with the policy's stated limitation. Data processing agreements should reflect this restriction. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether Zillow's consent collection mechanism (capturing IP address and timestamp) satisfies the documentation standards required under current TCPA regulatory guidance, including FCC rules on express written consent for promotional messaging.
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This provision establishes that Zillow generates and retains a consent audit trail including IP address and timestamp when users opt into promotional communications. The policy's restriction on sharing this data solely for proof-of-consent purposes is relevant to compliance with TCPA documentation requirements for promotional text messaging.
Under this clause, opting in to promotional calls or text messages from Zillow results in Zillow collecting and retaining the user's IP address and consent timestamp as part of a proof-of-consent record. This consent data may be shared with third parties for the limited stated purpose of proving consent was given.
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