Legal Risks in Moreland Properties' Terms: Critical Gaps & Enforceability Issues | Erayaha

When Legal Loopholes Cost Millions: Moreland Properties' Terms Under the Microscope

Our analysis of Moreland Properties' publicly available terms reveals several legal and logical gaps that could expose the company to substantial regulatory fines, litigation costs, and reputational harm. With privacy penalties under GDPR reaching €20 million or 4% of global turnover, and TCPA violations costing up to $1,500 per unsolicited call or text, these issues are far from theoretical. Below, we detail the most significant risks and actionable improvements.

1. Ambiguous Consent for Marketing Communications Moreland Properties' consent clause for marketing communications lacks specificity regarding the scope, frequency, and nature of messages. This ambiguity increases exposure to TCPA and CAN-SPAM litigation, with class action settlements often exceeding $5 million.

Legal Analysis

high Risk

Removed

Added

Consent: By providing Moreland Properties your contact information, you acknowledge and agree to our Privacy Policy andspecifically consent to receiving marketing communications from Moreland Properties, including through automated calls, texts, and emails, someas described in this policy. The types, frequency, and purpose of which may use artificial or prerecorded voicessuch communications will be clearly disclosed prior to obtaining your consent, in compliance with the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.

Legal Explanation

The original clause is overly broad and fails to specify the scope, frequency, and nature of communications, increasing the risk of non-compliance with TCPA and CAN-SPAM. The revision provides clarity and regulatory alignment, reducing litigation exposure.

2. Insufficient Opt-Out Mechanisms While the terms mention opt-out options, they fail to specify the process for revoking consent or the timeframe for honoring such requests. This omission can trigger regulatory scrutiny under CCPA and GDPR, where delayed or unclear opt-out processes have led to fines exceeding $250,000.

Legal Analysis

medium Risk

Removed

Added

This consent isn’t necessary for purchasing any products or services and youYou may opt outrevoke your consent to receive marketing communications at any time. To by following the opt-out from texts, you can reply, ‘stop’ at any timeinstructions provided in each message. ToAll opt-out from emailsrequests will be honored within 10 business days, you can click on the unsubscribe link in the emailsas required by applicable law.

Legal Explanation

The original clause does not specify the timeframe for honoring opt-out requests, which is required under CAN-SPAM and CCPA. The revision ensures compliance and reduces regulatory risk.

3. Lack of Data Usage Limitations The terms do not define how collected personal data will be used, stored, or shared. Without explicit data usage limitations, Moreland Properties risks breaching GDPR and CCPA requirements, potentially incurring multi-million dollar penalties and class action suits for unauthorized data sharing.

Legal Analysis

high Risk

Removed

Added

By providing Moreland Properties your contact information, you acknowledge and agree tothat your data will be collected, used, stored, and shared only for the specific purposes outlined in our Privacy Policy and consent to receiving marketing communicationsin accordance with applicable privacy laws, including GDPR and CCPA. We will not sell or share your personal information with third parties except as expressly stated..

Legal Explanation

The original clause lacks explicit limitations on data usage and sharing, increasing the risk of unauthorized data processing and regulatory penalties. The revision introduces clear data usage boundaries and compliance language.

4. Missing Liability Disclaimer for Third-Party Communications There is no clause addressing liability for communications sent via third-party platforms or service providers. This exposes Moreland Properties to vicarious liability for TCPA and privacy violations committed by vendors, a risk that has resulted in settlements exceeding $10 million in similar real estate cases.

Legal Analysis

high Risk

Removed

Added

[No clause addressing liabilityMoreland Properties is not liable for any unauthorized communications or privacy violations committed by third-party communicationsservice providers or vendors is present.] All third-party communications are subject to the terms and privacy policies of the respective providers.

Legal Explanation

The absence of a liability disclaimer for third-party communications exposes the company to vicarious liability for vendor actions. The revision limits exposure and aligns with industry best practices.

Conclusion: Proactive Legal Protection is Non-Negotiable

Our examination shows that addressing these four issues is essential to mitigate regulatory, financial, and reputational risks. Proactive contract redlining can prevent costly litigation, regulatory fines, and customer distrust.

**Are your contracts exposing your business to hidden liabilities? What would a multi-million dollar privacy fine mean for your bottom line? How confident are you in your current compliance framework?**

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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 regarding liability limitations.