It looks as though Maine’s Attorney General will not enforce a controversial new state law that restricts marketing to minors, but has drawn a federal lawsuit because plaintiffs argued that the law swept too broadly. The Wall Street Journal today reports that a spokesperson for Maine AG Janet Mills said that Mills will not be enforcing the law and will work with sponsors to amend the legislation when Maine’s legislature reconvenes in January, 2010. One caution here, though -- the Maine law contains a private right of action which means that, although the AG has decided against enforcement, a private party could still bring an individual suit ---- or a class action. Stay tuned.
Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.