On Wednesday, a lawsuit was filed seeking a preliminary injunction to enjoin Maine’s Predatory Marketing Practices law from going into effect on September 12, 2009. As discussed in our August 13 entry, this law would prohibit knowingly collecting health related information or personal information for marketing purposes from a minor without parental consent. In addition, a later provision prohibits using that information for marketing purposes, apparently even if done without knowledge of the age of the individual or even if marketers obtain parental consent.
The lawsuit alleges that this law violates the First Amendment and the Commerce Clause, and is preempted by the Children’s Online Privacy Protection Act. The suit was brought by the Maine Independent Colleges Association, the Maine Press Association, and Reid Elsevier, Inc., and was filed in the U.S. District Court of Maine.