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Village of Lombard

Village of Lombard Terms & Conditions: 4 Critical Legal Risks and How to Fix Them

Our analysis of Village of Lombard's SMS Terms reveals 4 key legal risks, including compliance gaps and ambiguous clauses. Learn how to mitigate regulatory fines and strengthen enforceability.

## When SMS Privacy Policies Create Six-Figure Risks: Village of Lombard Case Study

Our analysis of the Village of Lombard's SMS Terms & Conditions exposes four critical legal and logical issues that could result in regulatory fines exceeding $100,000, reputational damage, and costly litigation. In an era of heightened privacy regulation (GDPR, CCPA), even municipal entities face significant liability if their terms lack precision or fail to address compliance requirements.

1. Ambiguity in Data Sharing with Third Parties The clause regarding third-party service providers lacks specificity about the categories of providers, data processing purposes, and cross-border data transfers. Under GDPR and CCPA, vague disclosures can trigger regulatory scrutiny and fines up to €20 million or 4% of annual turnover. This ambiguity exposes the Village to both regulatory penalties and loss of public trust.

Legal Analysis
high Risk
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Third-Party Service Providers: We may share your mobile number only with third-party service providers who assist us inare engaged solely for the purpose of delivering SMS notifications. All, and only after ensuring that such providers are contractually obligatedimplement data protection measures equivalent to protect your informationthose required under applicable privacy laws (including GDPR and CCPA). We do not authorize cross-border data transfers without explicit user consent and proper safeguards.

Legal Explanation

The original clause is vague about the types of third parties, purposes of sharing, and cross-border data transfers. The revision provides specificity, aligns with GDPR/CCPA requirements, and limits risk of unauthorized disclosures.

2. Insufficient Data Retention Policy Language The current data retention clause does not specify retention periods or deletion protocols. GDPR Article 5(1)(e) and CCPA require clear, time-bound retention policies. Failure to define these could result in non-compliance, leading to fines and forced data purges that disrupt operations.

Legal Analysis
high Risk
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We only retain your mobile phone number as long as necessary to provide youfor a maximum of 12 months after your last interaction with subscribedour SMS services or as, unless a longer retention period is required to fulfill legalby law. Upon expiration of this period, your data will be securely deleted or anonymized in accordance with GDPR Article 5(1)(e) and regulatory obligationsCCPA requirements.

Legal Explanation

The original clause lacks a defined retention period and deletion protocol. The revision introduces a specific timeframe and deletion process, ensuring compliance and reducing data breach exposure.

3. Lack of Explicit User Rights Regarding Data Access and Deletion While the policy mentions user rights, it does not explicitly guarantee the right to erasure ("right to be forgotten") or provide a clear process for exercising this right. This omission is a direct compliance gap with GDPR Article 17 and CCPA §1798.105, risking regulatory action and user complaints.

Legal Analysis
high Risk
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Access and, Update, and Deletion: You canhave the right to request access to or, update, or request deletion of your personal data at any time. Requests for deletion will be honored in accordance with GDPR Article 17 and CCPA §1798.105, unless retention is required by contactinglaw. Contact us to initiate any of these actions.

Legal Explanation

The original clause omits the right to deletion (erasure) and lacks a clear process. The revision explicitly grants this right and references the legal basis, closing a key compliance gap.

4. Unilateral Policy Changes Without Notice The clause allowing policy changes lacks a commitment to notify users in advance. This creates enforceability issues and could be deemed unconscionable under consumer protection laws, leading to class action exposure and reputational harm.

Legal Analysis
medium Risk
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We may update this Privacy Policy from time to time. Any material changes will be communicated to you via SMS or email at least 30 days prior to taking effect, and the updated policy will be posted on our website with an updated effective date.

Legal Explanation

The original clause allows unilateral changes without user notice, undermining enforceability and fairness. The revision introduces advance notice, improving transparency and legal defensibility.

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Conclusion: Proactive Legal Safeguards Are Essential Our examination shows that these four issues, if unaddressed, could expose the Village of Lombard to six-figure regulatory fines, litigation costs, and erosion of public trust. Proactive redlining and policy updates are essential to mitigate these risks and ensure compliance with evolving privacy laws.

Are your organization’s terms built to withstand regulatory scrutiny? How much risk are you willing to accept in your data practices? What would a privacy audit reveal about your compliance posture?

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This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.