An Act To Prevent Predatory Marketing Practices against Minors Regarding Data Concerning Health Care Issues
Maine Legislature, Session 124, LD 1183
Committee: Business, Research and Economic Development
Sponsors: SCHNEIDER, PERRY, BRANNIGAN, AUSTIN, CAMPBELL, HUNT, PRESCOTT, TREAT, WRIGHT

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLA URE' 
FIRST P~GULAR SESSION-2009 
Legislative Document 
No. 1183 
S.P.431 
In Senate, 
25,2009 
An Act To Prevent Predatory Marketing Practices against Minors 
Regarding Data Concerning Health Care Issues 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator SCHNEIDER of Penobscot. 
Cosponsored by Representative PERRY of Calais and 
9t!)(J-~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: BRANNIGAN of Cumberland, Representatives: AUSTIN of Gray, CAMPBELL of 
Newfield,HUNT of Buxton, MacDONALD of Boothbay, PRESCOTT of Topsham; SMITH of 
Monmouth, TREAT of Hallowell, WRIGHT of Berwick. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 1055 is enacted to read: 
CHAPTER 1055 
MARKETING AND DATA COLLECTION PRACTICES 
§9521. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Collect "Collect" means to solicit, elicit or ask for, with or without any form of 
incentive or enticement. 
2. 
Health-related information. 
"Health-related information"· means any 
information about an individual or a member of the individual's family relating to health, 
nutrition, . drug or medication use, physical or bodily condition, mental health,· medical 
history, medical insurance coverage or claims or other similar data. 
§9522. Unlawful collection and use of data from minors 
1. 
Unlawful collection. 
A person may not collect or receive health-related 
information over the Internet or any wireless communications device from an individual 
who is in fact an unemancipated minor without the express written consent of that minor's 
parent or legal guardian. 
2. Unlawful use. A person may not sell, offer for sale or otherwise transfer to 
another person health-related information about a minor obtained over the Internet or any 
wireless communications device if that information: 
A Was unlawfully collected pursuant to subsection 1; 
B. Individually identifies the minor; or 
C. Will be used in violation of section 9523. 
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§9523: Predatory marketing against minors prohibited 
. 
A person may not use any health-related information regarding aminor obtained over 
the Internet or any wireless communications device for the purpose of marketing a 
piuduct or service to that minor or promoting any course of action for the minor relating 
to a product. 
Use of information in violation of this section constitutes predatory 
marketing.· 
. 
§9524. Enforcement 
1. Unfair trade practice: Violation of this chapter is an unfair trade practice as 
prohibited by Title 5, section 207. Each unlawful collection of data or unlawful predatory 
marketing event in violation of this chapter constitutes a separate violation. The Attorney 
General shall establish procedures for receiving and investigating complaints of 
Page I - 124LR0597(OI)-1 
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violations of this chapter. The procedures may include the development of electronic 
forms, available over the Internet, by which a person may, file a complaint with the 
Attorney General alleging a violation of this chapter. 
2. Civil action; injunction and damages. Notwithstanding Title 5, section 213, a 
person about whom information is unlawfully collected or who is the object of predatory 
marketing in violation of this chapter may bring an action in an appropriate state court for 
either or both of the following: 
A. An injunction to stop the unlawful collection or predatory marketing; and 
B. Recovery of actual damages from each violation or up to $250 in damages for 
each violation, whichever is greater. 
If the court finds there has been a violation of this chapter, the court shall award the 
petitioner reasonable attorney's fees and costs incurred in connection with the action. 
If the court finds that the defendant willfully or knowingly violated this chapter, the court 
may, in its discretion, increase the amount of the award to an amount equal to not more 
than 3 times the amount available under paragraph B. 
3. Civil violation; penalty. Each violation of this chapter constitutes a civil violation 
for which a fine may be assessed of: 
A. Up to $20,000 for a first violation; and 
B. No less than $20,000 for a 2nd or subsequent violation. 
SUMMARY 
This bill addresses the current practices of persons using the Internet and other 
wireless communications devices, with or without promotional incentives, to acquire 
, health-related infortnation about minors and then using that information unscrupulously. 
Under this bill, it is unlawful to solicit or collect health-related information about a minor 
who is not emancipated without the express written consent of the minor's parent or 
guardian, to transfer any health-related information that identifies a minor or to use any of 
that information to market a product or service to a minor regardless o(whether or riot the 
infonnation was lawfully obtained. Unlawful marketing includes promoting a course of 
action relating to a product. The bill provides 3 potential remedies for a violation: relief 
as an unfair trade practice, a private right of action and a civil violation with substantial 
monetary fines. 
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