Media Companies May Block Maine Marketing to Minors Law

Posted on August 31, 2009 by Proskauer Rose LLP

On Wednesday, August 26, 2009, a lawsuit was filed in federal court in Maine to enjoin Maine’s new predatory marketing to minors law, which was previously discussed on our blog. If not enjoined, this problematic law is scheduled to go into effect on September 12, 2009.

The complaint, filed on behalf of offline and online entities, alleges that the law violates the First Amendment and the Commerce Clause of the Constitution, as well as 42 U.S.C. § 1983, and is preempted by COPPA (the Children’s Online Privacy Protection Act).   Injunctive and declaratory relief is sought, as well as attorney’s fees. 

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