The Secure Times

An online forum of the ABA Section of Antitrust Law's Privacy and Information Security Committee

Maine’s Predatory Marketing Practices Law

Leave a comment

The effective date of Maine’s "Act to Prevent Predatory Marketing Practices Against Minors" (the "Act"), September 12, 2009 is quickly approaching.  The Act continues to be a large source of concern for businesses and marketers.

The Act prohibits knowingly collecting health related information or personal information for marketing purposes from a minor without parental consent.  Although "minor" is not defined within the Act, based on other Maine statutory provisions presumably this means anyone under 18.  The Act defines "personal information" as individually identifiable information, such as a minor’s name, address, social security number, or driver’s license number.  However, as written there are inconsistencies in the Act.  A later provision prohibits using that information for marketing purposes even if marketers obtain parental consent.

Based on the breadth of the Act and its potential application to email, direct mail, and text marketing, it will affect businesses and marketers outside of Maine as well as in Maine.  Additionally, the Act provides a private right of action, so violations of the Act could result in a serious consequence.

Speculation has grown as the effective date approaches that the law will be challenged.  For now, however, businesses and marketers should consider what steps they should and can take in order to comply with the Act.

Advertisements

Author: ABA Antitrust

Learn more about the ABA Section of Antitrust Law: http://ambar.org/antitrust

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s