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.

If you have any questions, please contact Dan Jaffe (djaffe@ana.net) or David Buzby (dbuzby@ana.net) in ANA's Washington, D.C. office at 202.296.1883.