An Act To Prevent Predatory Marketing Practices against Minors (TITLE CHANGE)
FILED UNDER: Miscellaneous | Passed | 2010
Summary
REPEALED! The Judiciary Committee is recommended that LD 1183 be repealed and recognized that time was of the essence. Additionally, a new bill with a narrower focus is expected in January 2010.
Position
UPDATE: This law was REPEALED effective March 30, 2010.
This bill was passed and signed into law on September 12, 2009.
The Maine Merchants Association and other groups are working to fix the law to continue to permit legitimate marketing to minors.
Bill Summary: It adds new definitions for "person," "personal information," "marketing purposes" and "verifiable parental consent," removes the definition for "collect" and prohibits the knowing collection of both health-related and personal information from minors. It also removes the requirement for the Attorney General to establish procedures for complaints and instead allows the Attorney General to establish these procedures. It amends the provision that unlawful collection constitutes the collection of personal information obtained via the Internet or any wireless communications device to more broadly encompass the collection of this information by any method. It changes the penalty provision to clarify that, notwithstanding the provisions of the Maine Unfair Trade Practices Act, each violation constitutes a civil violation for which a fine may be assessed of no less than $10,000 and no more than $20,000 for a first violation and no less than $20,000 for a 2nd violation or any subsequent violation. It also provides that, if the Attorney General finds evidence of a violation of the federal Children's Online Privacy Protection Act of 1998, it may bring a civil action pursuant to 15 United States Code, Section 6504.