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Suit Filed Challenging Maine Children's Privacy Law

Yesterday, a suit was filed in Maine federal court by Maine Independent Colleges Association, Maine Press Association, Netchoice and Reed Elsevier challenging the Maine "Act to Prevent Predatory Marketing Practices Against Minors." This law severely restricts the collection, transfer and use of "personal information" or "health-related information" from minors, presumably anyone under age 18. 

The suit argues that the law is unconstitutional on both First Amendment and dormant commerce clause grounds, and is preempted by the federal Children's Online Privacy Protection Act, or COPPA.  The suit also seeks a preliminary injunction against enforcement of the law, which is set to take effect on September 12.

ANA is not a party to the suit, but strongly supports the plaintiffs.  You can read more about this suit on Dan Jaffe's Regulatory Rumblings blog.

If you have any questions, please contact Dan Jaffe (djaffe@ana.net) or David Buzby (dbuzby@ana.net) in ANA's Washington office at 202-296-1883.

Legislative and Regulatory Issues Tracking

ANA's Washington, DC office works to protect the ability of all marketers to communicate effectively with consumers.   The scope of legislation, regulations, and court cases impacting the marketing community continues to be extremely broad, extending to issues as diverse as online privacy, prescription drug advertising, restrictions on the tax deductibility of advertising costs and the regulatory powers of the Federal Trade Commission.

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Compendium of Legislative, Regulatory and Legal Issues

ANA's Washington, DC office plays a leading role in protecting the ability of all marketers to communicate effectively with consumers. At the end of each year, we prepare a Compendium which describes our efforts on the broad range of issues we have faced. 

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Alliance for Family Entertainment

The ANA Alliance for Family Entertainment (AFE) is a coalition of national advertisers, supported by the ANA, which represents almost 40% of all U.S. television advertising dollars..

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SAG/AFTRA

ANA and the American Association of Advertising Agencies (4A’s) conduct broadcast talent negotiations with the Screen Actors Guild (SAG) and the American Federation of Television and Radio Artists (AFTRA) through the Joint Policy Committee, or JPC.

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