On September 9, 2009, the U.S. District Court for the District of Maine dismissed a lawsuit challenging the validity of the Act to Prevent Predatory Marketing Practices Against Minors (the “Act”), which is set to take effect on September 12, 2009. The Act prohibits businesses from knowingly collecting or receiving a minor’s health-related information or personal information for marketing purposes without first obtaining verifiable parental consent. Businesses are also prohibited from using any health-related information or personal information regarding a minor for the purpose of marketing a product or service to the minor. In dismissing the claim, the Court acknowledged that the Plaintiffs had successfully established the likelihood of success on the merits that the Act is overbroad and violates the First Amendment. Although the Plaintiffs met this burden, the Court recognized that the Attorney General has agreed not to enforce the Act, and the Maine Legislature is committed to reconsidering its scope in January 2010. Accordingly, the Court, with the agreement of the parties, closed the lawsuit in a stipulated order of dismissal.
For details regarding the scope and requirements of the Act, please click here.