Privacy Policy | Dunning Litigation

1. Introduction

Dunning Litigation LLC (“the Firm,” “we,” “us,” or “our”) is an Oregon-based law firm providing civil litigation, probate/estate, real estate, and related legal services. This Privacy Policy describes how we collect, use, disclose, and protect personal information when you visit our website, contact us, or communicate with us, including via text messaging powered by MyCase (and its underlying providers, currently including Twilio).

We are committed to protecting your privacy and complying with applicable law, including the Oregon Rules of Professional Conduct (particularly Rule 1.6 on confidentiality), the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), and, to the extent applicable, the Oregon Consumer Privacy Act (OCPA, ORS 646A.570 et seq.).

Important note on OCPA applicability

The OCPA applies only to controllers that process personal data of at least 100,000 Oregon consumers in a calendar year, or 25,000 or more consumers while deriving more than 25% of annual gross revenue from the sale of personal data. As a small law firm, we do not meet these thresholds and are not a “controller” under the OCPA for the ordinary processing of client and prospective-client information in the course of providing legal services. We nevertheless maintain this Policy for transparency and to meet carrier/A2P registration requirements for text messaging.

By using our website, providing your contact information, or opting in to receive text messages, you acknowledge this Policy.

2. Information We Collect

We collect information you voluntarily provide and limited technical information:

Identifiers and contact information: Name, email address, postal address, telephone/mobile number, and any other details you submit via website forms, email, phone, or intake.
Communication content: Messages, case-related details, documents, photos/MMS, timestamps, and related metadata when you communicate with us by email, phone, client portal, or text message.
Text-messaging / SMS data: Mobile phone number, opt-in/opt-out status and consent records, message content, and delivery metadata necessary to operate two-way texting through MyCase.
Technical / website data: IP address, browser type, device information, pages visited, and referring URLs (collected automatically via standard server logs or cookies for site functionality and security). We do not use this for targeted advertising.
Client-matter information: Information necessary to provide legal representation (subject to attorney-client privilege and Oregon RPC 1.6 confidentiality obligations).

We do not collect sensitive data (e.g., precise geolocation, biometric, or health data beyond what a client voluntarily provides in the course of representation) except as necessary for legal services and with appropriate safeguards.

3. How We Use Your Information

We use personal information only as reasonably necessary to:

Provide legal services, manage cases, and communicate with clients and prospective clients.
Send transactional/informational text messages (appointment reminders, case updates, billing notices, document requests, portal notifications, and similar matter-related communications) via MyCase.
Operate and secure our website and practice-management systems.
Comply with legal, ethical, and professional obligations (including record-keeping and court requirements).
Improve our services and respond to inquiries.

We do not use mobile numbers or SMS data for marketing or promotional purposes beyond the limited, matter-related communications described above unless separate prior express written consent is obtained.

4. Sharing of Information

We do not sell, rent, or share personal information for marketing or advertising purposes.

We share information only as needed to deliver services or comply with law:

Service providers / processors: MyCase (practice management and texting platform) and its underlying providers (currently Twilio for SMS delivery). These providers process data solely to provide the contracted services under agreements that require appropriate confidentiality and security safeguards. Message content and related data are stored within the MyCase case file where applicable.
Other necessary parties: Courts, opposing counsel, experts, investigators, title companies, or government agencies when required for representation or by law/court order.
Legal requirements: When we believe disclosure is required by law, legal process, or to protect rights, safety, or property.

Critical A2P / mobile-information statement (required for texting registration)

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties except as necessary for the technical provision of the messaging service itself (i.e., the SMS provider).

We require service providers to maintain reasonable data-protection measures consistent with our ethical duties under Oregon RPC 1.6(c) (reasonable efforts to prevent unauthorized access or disclosure) and analogous guidance such as OSB Formal Opinion 2011-188 (cloud storage).

5. Text Messaging (SMS/MMS) Specific Terms

MyCase text messaging enables two-way communication using a dedicated firm number (not personal cell phones). Conversations are logged in the case file for record-keeping and ethical compliance.

Consent: By providing your mobile number in the context of seeking or receiving legal services (or by affirmatively opting in verbally, in writing, or via form), you consent to receive informational/transactional text messages related to your matter or inquiry. Consent is not a condition of receiving legal services. Message frequency varies (typically low; often fewer than 10 per month depending on case activity). Message and data rates may apply.
Opt-out: Reply STOP (or END, CANCEL, UNSUBSCRIBE, QUIT) to any message to opt out. We will honor opt-outs promptly. Reply HELP for assistance.
Limitations: Text messaging is convenient but not fully secure against all risks (e.g., device previews, carrier networks). Do not send highly sensitive information (Social Security numbers, detailed financials, etc.) via text if other secure channels (client portal or encrypted email) are available. We will discuss preferred communication methods with clients.
TCPA compliance: The Firm is solely responsible for TCPA compliance. We obtain and document appropriate consent, honor opt-outs, and limit messages to permitted purposes. Marketing texts (if any) require prior express written consent. Quiet-hour restrictions and carrier rules are observed. See MyCase guidance and consult counsel for ongoing TCPA obligations; statutory damages can be significant for non-compliance.

6. Data Security and Confidentiality

We implement reasonable administrative, technical, and physical safeguards to protect personal information. MyCase provides enterprise-grade security (including encryption and access controls) designed for law firms. Electronic communications, including texts, are subject to our duty of confidentiality under Oregon RPC 1.6. Relevant text messages form part of the client file.

No method of transmission or storage is 100% secure. We cannot guarantee absolute security.

7. Your Choices and Rights

Opt out of texting at any time by replying STOP or contacting us.
Request access to, correction of, or deletion of personal information we hold about you (subject to legal retention requirements, privilege, and ethical obligations). We will respond as required by applicable law.
If OCPA or another state privacy law becomes applicable, additional rights (access, deletion, opt-out of certain processing, appeal) will be honored through the contact method below.
Disable cookies via browser settings (may affect site functionality).

8. Retention

We retain information only as long as necessary for the purposes described, to comply with legal/ethical retention obligations (including client-file retention rules), or as required by law. Consent and opt-out records for texting are retained as needed for compliance.

9. Children’s Privacy

Our services are not directed to children under 13 (or 16 where relevant). We do not knowingly collect personal information from children.

10. Third-Party Links and MyCase Portal

Our website or communications may link to third-party sites or the MyCase client portal. Those are governed by their own policies. Review MyCase’s and Twilio’s privacy policies for their practices.

11. Changes to This Policy

We may update this Policy periodically. The “Last Updated” date will reflect changes. Continued use after posting constitutes acceptance. Material changes affecting texting will be communicated as appropriate.

12. Contact Us

For questions about this Privacy Policy, to exercise rights, or regarding text messaging preferences:

Dunning Litigation LLC

510 NE 8th Ave, Suite 8
McMinnville, OR 97128

(971) 237-8312

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