Maine’s governor recently signed “An Act to Prevent Predatory Marketing Practices against Minors” (referred to in this Legal Update as the “Maine Act” or the “Act”).[1]The Act, which regulates the collection and use of personal information of children, is substantially more restrictive than the federal Children’s Online Privacy Protection Act (“COPPA”) and appears to prohibit many common, non-deceptive marketing practices.[2] The Act also includes a private right of action, not available under COPPA, that substantially increases the legal exposure of businesses that collect and use personal information of Maine residents who are under 18 years old. The Act becomes effective in mid-September 2009.

Unless and until the Maine Act is successfully challenged, businesses that have implemented COPPA-compliant privacy practices must consider expanding those practices to accommodate the Maine Act, or must consider not collecting or using information of minor residents of Maine for marketing purposes.