At Optery, we believe privacy shouldn’t be a privilege or a full-time job. That’s why we’re taking our mission directly to lawmakers. On January 19, 2026, Optery’s General Counsel, Ambar Chavez, submitted formal testimony to the Vermont House Committee on Commerce and Economic Development regarding H.211, Vermont’s draft legislation similar to California’s “Delete Act”.
Our goal is simple: ensure that Vermont’s privacy laws are robust, enforceable, and free from the industry loopholes that data brokers use to avoid their responsibilities.
Optery’s Recommended Updates to Vermont H.211
We are pleased that Vermont is working to give consumers a true “Right to be Forgotten”. However, based on our front-line experience running the world’s largest open-source directory of data brokers, we know that well-intentioned laws can still be undermined by industry gamesmanship.
In our written testimony, we highlighted several critical areas where H.211 can be strengthened to better protect citizens:
1. Ending “Verification Laundering”
Many data brokers use “unverifiable request” loopholes to ignore deletion requests or, paradoxically, demand more sensitive data (like Social Security Numbers) than they originally held just to “verify” your identity. We’ve proposed a public requirement for brokers to list exactly what data they need to match a record, and we’re calling it a “a Data Matching Catalog”. If the data brokers don’t already have the personal information, they should not be allowed to ask for it in response to opt-out or deletion rights.
2. Holding Authorized Agents Accountable
To ensure that privacy-first actors are respected, we advocated for high standards of Agent Accountability. By certifying that an agent like Optery does not sell or share the data it receives and maintains auditable records, Vermont can ensure that brokers must treat these requests as legally binding without harassing the consumer.
3. Preventing Government “Honeypots”
While centralized state-run portals are well-intentioned, they can create massive, vulnerable databases of citizens’ personal information. We advocate for a decentralized, private-sector approach where vetted, accountable agents manage these requests, achieving the state’s privacy goals without the risk of a centralized government breach.
4. Closing the “B2B Persona” Loophole
The industry often argues that “professional” or B2B data (like the email address or mobile telephone number you use for work) shouldn’t be subject to deletion. We strongly disagree. Professional data is frequently used for doxxing, phishing, and harassment. Our testimony clarifies that any data reasonably linkable to a person must be protected, regardless of whether it’s “business” or “personal”.
5. Fighting “Verification Fatigue”
Some brokers try to bypass authorized agents and contact consumers directly to induce “verification fatigue,” hoping they’ll simply give up on the request because of the time it takes to exchange emails back-and-forth. We’ve proposed that once an authorized agent is designated, the broker must correspond exclusively with them. Bypassing an authorized agent should be considered an unfair and deceptive act under consumer protection laws.
The Path Forward
We are proud to support Vermont’s efforts to continue to build momentum in data broker legislation. By adopting these common-sense amendments, Vermont can create a privacy framework that is resilient, transparent, and truly puts the consumer in control.
Keep an eye out for more updates as we continue to advocate for consumers’ privacy rights.