Privacy Policy

If you are a resident of California, please also see the “CALIFORNIA CONSUMER PRIVACY ACT NOTICE” that follows this Privacy Policy.
If you are a resident of Colorado, Connecticut or Virginia, please also see the “PRIVACY NOTICE – ADDITIONAL STATES” that follows the California Consumer Privacy Act Notice.

This Privacy Policy describes the types of personal and non-personal information collected by Linebarger Goggan Blair & Sampson, LLP (“Linebarger,” “we,” “us” or “our”) through our websites (collectively, the “Site”). This Privacy Policy also describes how we use such information and to whom and under what circumstances we may disclose it. By accessing and using the Site, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. IF YOU DO NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE.

Information Collected and How It Is Used

When you access or use the Site or when you contact us, you may provide us with Personal Information. “Personal Information” is information that can be associated with a specific person and could be used to identify that person, but does not include information anonymized to mask the identity of a specific person. Personal Information may include your name, email address, mailing address, screen name, password, one or more telephone numbers, and information you provide to us when contacting us, accessing or using the Site. We use Personal Information only to operate the Site and communicate with you about the Site. Please keep in mind that by using the Site, we may need to send you information regarding your account, such as service announcements, so by your use of the Site, you authorize us to send you such information.

We may collect and store certain types of Anonymous Information whenever you interact with The Site. “Anonymous Information” is non-personally identifiable information, such as your browser type, IP address, cookie information, device ID, clickstream data, file size and other file attributes, carrier information, and geo-location information. We may use Anonymous Information for any purpose.

Cookies and Other Technologies

In addition, the Site and our third-party service providers may use “cookies” and other technologies such as pixel tags, hardware-based device identifiers, clear GIFs and web beacons, which enable the collection of Anonymous Information about the pages you visit on the Site and actions you take on the Site. We use this information to operate the Site, improve the Site and communicate with you about the Site.

Information Sharing

We will not sell, rent, transfer or otherwise disclose your Personal Information to third parties except as provided in this Privacy Policy or as otherwise expressly authorized or directed by you. We may share Anonymous Information with third parties for any purpose. We may share Personal Information we collect from and about you with third parties in the following instances:

  • With our service providers, if the disclosure will enable them to process payments made by you using the Site or otherwise perform a business, professional or technical support function for us or you;
  • As necessary, if we believe that there has been a violation of the Site, the applicable Terms of Use or of our rights or the rights of any third party;
  • As necessary, to identify, investigate, prevent or take action regarding illegal activities, suspected fraud or other abuse related to the Site; and
  • To respond to judicial process, to provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.

In addition, we reserve the right to disclose and transfer your information, including your Personal Information and Anonymous Information about you: (a) to a subsequent owner, co- owner or operator of the Site; or (b) in connection with a merger, consolidation, restructuring, the sale of substantially all of our equity ownership interests and/or assets or other corporate change, including during the course of any due diligence process.

Security

Linebarger takes commercially reasonable steps to ensure data privacy and security including through various hardware and software methodologies. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and Linebarger will be free from unauthorized access by third parties. Users of the Site do so at their own risk with respect to such communications.

Children

Linebarger does not knowingly collect or use personal information regarding children under the age of 13. If Linebarger obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.

Changes to this Privacy Policy

Linebarger may amend this Privacy Policy from time to time and in its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you by posting an amendment to the Privacy Policy on the website, and you consent to notice of changes through such posting. Such modifications will become effective on the day they are posted. Linebarger encourages you to frequently review this Privacy Policy for any modifications.

Third Party Websites

The Linebarger website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Site. Linebarger does not control those sites or their privacy practices, which may differ from our Privacy Policy. We do not endorse or make any representations about third-party websites. The personal data you choose to give to unrelated third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy or any company before submitting your personal information.

California’s “Do Not Track” Notice

“Do Not Track” is a preference you can set in your web browser to let the websites you visit know that you do not want them collecting information about you. Our Site does not currently respond to “Do Not Track” settings.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at:
[email protected].
© Linebarger, 2023
Effective January 2014; last updated: June 2023

CALIFORNIA CONSUMER PRIVACY ACT NOTICE
THIS NOTICE APPLIES ONLY TO CALIFORNIA RESIDENTS

Last updated: June 2023

Linebarger Goggan Blair and Sampson, LLP. (referred to as “we,” “us” and “our”) is providing you with this Consumer Privacy Act Notice for California Residents. This notice supplements any other information we may have provided to you regarding your privacy rights under any other state or federal laws. THIS NOTICE APPLIES ONLY TO CALIFORNIA RESIDENTS about whom we have collected information that identifies, relates to, describes, references or is capable of being associated with, or could reasonably be directly or indirectly linked to, a particular consumer (referred to as “Personal Information”).

I.  Information We Collect

We have collected the categories of “Personal Information” and “Sensitive Personal Information” about California consumers within the last twelve (12) months summarized in the tables below, although we have not collected all of the information listed in the examples for each category and we have not collected all of the indicated categories for each consumer. Personal Information does not include: (a) publicly available information; (b) de-identified or aggregated consumer information; (c) information excluded from the Act’s scope, such as heath or medical information covered by the Health Insurance Portability and Accountability Act (HIPAA) or the California Confidentiality of Medical Information Act; or (d) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, the California Financial Information Privacy Act or the federal Driver’s Privacy Protection Act of 1994. “Sensitive Personal Information” does not include publicly available information.

PERSONAL INFORMATION CATEGORY
EXAMPLES
A. IdentifiersReal name; aliases; postal address; unique personal identifiers; on line identifier; Internet Protocol Address; email address; account name; Social Security number; driver’s license number or other similar identifiers

B. Personal Information Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number or any other financial information, medical information or health insurance information.
C. Protected classification characteristics under California or federal lawAge (40 years or older), race, color, ancestry, national origin, citizenship, religion, marital status, medical condition, physical or mental disability, gender, sexual orientation, veteran status
D. Commercial InformationRecords of personal property, products or services purchased, obstained or considered
E. Audio InformationRecordings of telephone calls
F. Employment-related InformationPlace of employment
G. OriginsRacial or ethnic origin
SENSITIVE PERSONAL INFORMATION CATEGORYEXAMPLES
A. IdentifiersSocial Security number, driver’s license number
B. OriginsRacial or ethnic origin

We obtain the categories of Personal Information listed above from the following sources:

  • Directly from our clients or their agents. For example, from documents and data that our clients provide to us related to the services we provide.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the ordinary course of providing our services to them.
  • Directly and indirectly from activity on our website. For example, from consumers’ submission of information through our website consumer portal.
  • From third parties that interact with us in connection with the services we perform.
  • From public sources. For example, from records of automobile registrations.

II.  Business Use of Personal Information

We may collect, use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To carry out our obligation to our clients to perform the services we provide.
  • As necessary or appropriate to protect our rights, property or safety, or those of our clients and their agents.
  • To respond to law enforcement requests and as required by applicable law, court order or governmental regulation.
  • As we described to you when we collected Personal Information from you or as otherwise set forth in the Act.

We will not collect additional categories of Personal Information or use the Personal Information we collected for any materially different, unrelated or incompatible purpose without first advising you of such other use.

III.  Disclosing Personal Information

We disclose Personal Information for our business purposes. In particular:

  • With our clients who have engaged our collection services regarding financial obligations you owe.
  • With law firms that we may engage to provide litigation and other collection services regarding your obligations to our client.
  • With courts, to the extent such information is necessary to present our clients’ claims and to enforce any judgment that we may obtain.
  • With third parties when necessary to perform our services, such as process servers when we conduct litigation.
  • With third parties with whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to our clients.

During the preceding 12 months we have disclosed the following categories of Personal Information to some or all of the above parties for our business purposes:

Category A    Identifiers
Category B    California Customer Records Personal Information categories
Category C    Protected classification characteristics
Category D    Commercial Information
Category E    Audio Information
Category F    Employment-related Information
Category G    Origins

IV. Sale of Sharing of Personal Information

During the preceding 12 months, we have not sold Personal Information, including Sensitive Personal Information, to any party, nor have we shared it for cross-context behavioral advertising; nor do we intend to so sell or share it in the future.

V.  Retention of Personal Information

For each category of Personal Information, including Sensitive Personal Information, we intend to retain the information for as long as necessary to perform our services to our clients or as required by law, which retention periods can vary from jurisdiction to jurisdiction. However, we will not retain Personal Information, including Sensitive Personal Information, for each business purpose for which the information was collected, for longer than is reasonably necessary for that business purpose.

VI.  Your Rights and Choices

The Act provides California consumers with specific rights regarding their Personal Information. This section describes your rights under the CCPA and explains how you may exercise those rights by submitting a “verifiable consumer request,” as defined below.

Right to Request Correction of Inaccurate Personal Information

You have the right to request that we correct any inaccurate Personal Information about you that we maintain. Upon such a request, we will take into account the nature of the Personal Information and the purposes for our processing of the information.

Right to Know Information

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the previous 12 months (or beyond 12 months if collected on or after January 1, 2022). Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of Personal Information we have collected about you.
  • The categories of sources of the Personal Information we have collected about you.
  • Our business purpose for collecting your Personal Information.
  • The categories of third parties with whom we have disclosed your Personal Information.
  • The specific pieces of Personal Information we have collected about you.
  • If we have disclosed your Personal Information for a business purpose, we will provide you with the Personal Information categories that each recipient obtained.

Right to Request Deletion of Personal Information

Subject to certain exceptions, you have the right to request that we delete any of your Personal Information that we collected from you and retained, if you make a verifiable consumer request. We may deny your deletion request if your Personal Information is necessary for us or for our service providers to:

  • Complete a transaction for which you provided the information.
  • Detect security incidents; protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for such activities.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546).
  • Comply with a legal obligation or exercise legal rights.
  • Enable internal uses that are reasonably aligned with your expectations based on your relationship with us and that are compatible with the context in which you provided the information.

Exercising Rights to Know, to Delete and to Correct

To exercise the rights to know, to delete or to correct described above, please submit a “verifiable consumer request” by calling us at 844.612.7470 or by clicking the link under Section IX of this notice.

Only you or a person registered with the California Secretary of State who you authorize to act for you (an “authorized agent”) may make a verifiable consumer request related to your Personal Information. For an authorized agent to submit a verifiable consumer request, the agent must supply the required information about you, as described in the below definition of “verifiable consumer request,” provide his or her registration information (including registered name and registration number), and describe his or her relationship to you (such as your lawyer or accountant). In our discretion, we may require the authorized agent to supply signed permission from you to act as your agent. You may make a verifiable consumer request on behalf of your minor child or a minor child for whom you are a legal guardian. To do this, supply the required information for the child as described in the below definition of “verifiable consumer request,” provide your name, and describe your relationship to the child.

You may make a verifiable consumer request for your right to know what Personal Information about you we have collected or disclosed only twice within a 12-month period.

The following applies to your verifiable consumer request:

  • A “verifiable consumer request” must include sufficient information about you and your account to enable us to identify you and locate your account, including your name and, if you have an account with us, your account number. Depending on the request, additional necessary information may include one or more of the following: your address, the name of the creditor on whose behalf we are acting (our “client”), and/or your account number with our client. You must describe your request with sufficient detail to allow us to understand, evaluate and respond to your request.
  • We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or the authority of your representative (such as your lawyer or accountant) to make the request.
  • Making a verifiable consumer request does not require you to create a separate account with us, but if you have an account with us we require that you use your account number to submit a verifiable consumer request. We will use Personal Information provided in a verifiable consumer request only to verify the requestor’s identity or authority to act on your behalf.

Response Timing and Format

We will attempt to respond to your request within 45 days after we receive it. If we require more time (up to 45 additional days), we will inform you of the reason for the extension in writing. We will provide you with our response either electronically or at your postal address, at your option. Any information about our collection and disclosure of your Personal Information will cover the 12-month period before we receive your verifiable consumer request unless you request information beyond that period. We usually do not charge a fee to process or respond to your verifiable consumer request. However, if your request is manifestly unfounded or excessive, particularly if it is repetitive (more than twice during the previous 12 months), we may charge a reasonable fee or refuse to act on the request. In such a case, we will tell you why we made that decision and, if applicable, will provide you with a cost estimate, and instructions for payment of the fee before we respond to the request.

VII.  Changes to our Privacy Notice

We reserve the right to amend this privacy notice at our discretion at any time. We will provide you with a notice of such changes through our website homepage under the “Privacy” tab.

VIII.  Contact Information

If you have questions regarding your rights under the CCPA, you may contact us at the following:

      Telephone: 844.612.7470

      Email: [email protected] 

IX.  Submitting a Verifiable Consumer Request

To submit a verifiable consumer request, please contact us via email.

You must be a resident of California to submit a California Consumer Privacy Act Request (a “verifiable consumer request”).

You may submit a verifiable consumer request by supplying the required information in your email to us.

A verifiable consumer request must include your name and your account number with us (if you have an account with us).   It may help expedite a response if you supply additional information, such as your address, the name of the creditor on whose behalf we are acting (our “client”), and/or the account number you have with our client.

You must describe your request with sufficient detail to allow us to understand, evaluate and respond to your request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or the authority of your representative (such as your lawyer or accountant) to make the request.

Making a verifiable consumer request does not require you to create a separate account with us. We will use Personal Information provided in your verifiable consumer request only to verify your identity or the requestor’s authority to act on your behalf.

If you wish to review your rights under the California Consumer Privacy Act, including your rights and responsibilities regarding verifiable consumer requests, please review the privacy policy detailed above.

PRIVACY NOTICE – ADDITIONAL STATES
COLORADO PRIVACY ACT NOTICE
CONNECTICUT DATA PRIVACY ACT NOTICE
VIRGINIA CONSUMER DATA PROTECTION ACT NOTICE

THIS NOTICE APPLIES ONLY TO
RESIDENTS OF COLORADO, CONNECTICUT AND VIRGINIA

Last updated: June 2023

Linebarger Goggan Blair and Sampson, LLP (referred to as “we,” “us” and “our”) is providing you with this Notice under the following state laws (collectively, the “Acts”):

  • The Colorado Privacy Act
  • The Connecticut Data Privacy Act
  • The Virginia Consumer Data Protection Act

This notice supplements any other information we may have provided to you regarding your privacy rights under any other state or federal laws. THIS NOTICE APPLIES ONLY TO RESIDENTS OF COLORADO, CONNECTICUT AND VIRGINIA about whom we have collected information that is linked or reasonably linkable to an identified or identifiable natural person (referred to as “Personal Data”).

I.  Data We Process

We collect and/or process the following categories of Personal Data about consumers summarized in the table below, although we have not collected all of the information listed in the examples for each category and we have not collected all of the indicated categories for each consumer.

CATEGORYEXAMPLES
A. IdentifiersReal name, aliases, postal address, unique personal identifiers, on line identifier, Internet Protocol Address, email address, account name, Social Security number, driver’s license number or state identification card number, or other similar identifiers
B. Personal InformationSignature, physical characteristics or description, address, telephone number, health insurance information, medical information, employment, bank account number, credit card number, debit card number
C. Protected Classification CharacteristicsAge (40 years or older), race, color, ancestry, national origin, citizenship, religion, marital status, medical condition, physical or mental disability, gender, sexual orientation, veteran status
D. Commercial InformationRecords of personal property, products or services purchased or obtained
E. Audio InformationRecordings of telephone calls

II.  Use of Personal Data.

We may use or disclose the Personal Data we collect for one or more of the following business purposes:

  • To carry out our obligation to our clients to perform the services we provide.
  • As necessary or appropriate to protect our rights, property or safety, or those of our clients and their agents.
  • To respond to law enforcement requests and as required by applicable law, court order or governmental regulation.
  • As we described to you when we collected Personal Information from you or as otherwise set forth in the Acts.

We will not collect additional categories of Personal Data or use the Personal Data we collected for any materially different, unrelated or incompatible purpose without first advising you of such other use.

III.  Disclosing Personal Data

We do disclose Personal Data for our business purposes. In particular:

  • With our clients who have engaged our collection services regarding financial obligations you owe.
  • With law firms that we may engage to provide litigation and other collection services regarding your obligations to our client.
  • With courts, to the extent such information is necessary to present our clients’ claims and to enforce any judgment that we may obtain.
  • With third parties when necessary to perform our services, such as process servers when we conduct litigation.
  • With third parties with whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to our clients.

We disclose the following categories of Personal Data to some or all of the above parties for our business purposes:

Category A    Identifiers
Category B    California Customer Records Personal Information categories
Category C    Protected classification characteristics
Category D    Commercial Information
Category E    Audio Information

IV.  Sale of Personal Data or Targeted Advertising

We do not sell Personal Data to third parties or process Personal Data for targeted advertising.

V.  Retention of Personal Information

For each category of Personal Information, including Sensitive Personal Information, we intend to retain the information for as long as necessary to perform our services to our clients or as required by law, which retention periods can vary from jurisdiction to jurisdiction. However, we will not retain Personal Information, including Sensitive Personal Information, for each business purpose for which the information was collected, for longer than is reasonably necessary for that business purpose.

VI.  Your Rights and Choices

Personal Data Rights.

The Acts provide consumers with specific rights regarding their Personal Data.  This section describes your rights under the Acts and explains how you may exercise those rights by submitting a request as defined below. 

You have the right to invoke your consumer rights pursuant to the Acts at any time by submitting a request specifying the rights you wish to invoke.  A known child’s parent or legal guardian may invoke such consumer rights on behalf of the child regarding processing personal data belonging to the known child. Once we receive, confirm and authenticate your request, we will comply with your request to exercise the right:

  • To confirm whether or not we are processing your personal data and to access such personal data;
  • To correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data;
  • To delete personal data provided by or obtained about you;
  • To obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and
  • To opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. However, we do not process personal data for any of these purposes.

Exercising Personal Data Rights

To exercise the rights described above, click the link under Section VIII of this notice.

We are not required to comply with your request or provide you with Personal Data if we cannot authenticate your request using commercially reasonable efforts, and we may request that you provide additional information reasonably necessary to authenticate your identity and the request.  To facilitate any request, you should at a minimum provide your full name and, if known, your account number with us.  Additional information may be necessary, and it may expedite your request if you provide the name of the creditor on whose behalf we are acting (our “client”), and/or your account number with our client.

We usually do not charge a fee to process or respond to your consumer request. However, if your request is manifestly unfounded, excessive or repetitive (more than twice annually), we may charge a reasonable fee or decline to act on the request; or, for Colorado residents, we may charge a fee as provided by statute for a second or subsequent request within a 12-month period. In such a case, we will inform you within 45 days why we made that decision and, if applicable, will provide you with a cost estimate, and instructions for payment of the fee before we respond to the request.

Response Timing and Format

We will attempt to respond to your request within 45 days after we receive it. If we require more time (up to 45 additional days), we will inform you of the reason for the extension in writing.  We will provide you with our response either electronically or at your postal address, at your option.

Appeal

If we decline to take action regarding your request, we will inform you within 45 days of receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision.  To appeal a decision, you may submit a request for appeal by following the instructions in our response, or by clicking the link under Section IX of this notice.  Within 60 days of receipt of an appeal (within 45 days for Colorado residents), we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. For Colorado residents, we may extend the response time by up to 60 additional days, if reasonably necessary.

VII.  Contact Information

If you have questions regarding your rights under the Acts, you may contact us at the following:

      Email[email protected] 

VIII.  Submitting a Request to Exercise Consumer Data Rights

You must be a resident of Colorado, Connecticut or Virginia to submit this data rights request.

You may submit this data rights request by supplying the required information in your email to us.  Your data rights request must include:

  • Your name,
  • Your address, and
  • Your account number with us (if known, and if you have an account with us).

This information is necessary for us to locate your account, verify your identity, and confirm your eligibility to submit this data rights request. It may help expedite a response if you supply additional information, such as the name of the creditor on whose behalf we are acting (our “client”), and/or the account number you have with our client .

You must describe your request with sufficient detail to allow us to understand, evaluate and respond to your request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or the authority of your representative (such as your lawyer or accountant) to make the request.

Making a data rights request does not require you to create a separate account with us. We will use Personal Information provided in your data rights request only to verify your identity or the requestor’s authority to act on your behalf, and to locate your account.

If you wish to review your rights under the Colorado Privacy Act, the Connecticut Data Privacy Act or the Virginia Consumer Data Protection Act, please review the privacy policy detailed above, including your rights and responsibilities regarding data rights requests.

Send your data rights request information to this email address.

IX.  Submitting a Request to Appeal a Decision

You must be a resident of Colorado, Connecticut or Virginia to submit an appeal from our decision on your prior data rights request.

You may submit an appeal by supplying the required information in your email to us.  Your appeal must include:

  • Your name
  • Your account number with us as disclosed in our response to your data rights request. If we did not provide an account number, you must provide the tracking number we provided to you
  • The reasons why you disagree with our response to your data rights request. You must describe your reasons with sufficient detail to allow us to understand, evaluate and respond to your appeal
  • What you want us to do regarding your data rights request and appeal

We cannot respond to your appeal or provide you with Personal Information if we cannot verify your identity or the authority of your representative (such as your lawyer or accountant) to make the appeal.

If you wish to review your rights under the Colorado Privacy Act, the Connecticut Data Privacy Act or the Virginia Consumer Data Protection Act, please review the privacy policy detailed above, including your rights and responsibilities regarding data rights requests and appeals.

Send your data rights request appeal information to this email address.