An Act To Prevent Predatory Marketing Practices against Minors Regarding Data Concerning Health Care Issues
Maine Legislature, Session 124, LD 1183
Committee Amendment CA_A_S161 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 431, L.D. 1183, Bill, "An Act To 
Prevent Predatory Marketing Practices against Minors Regarding Data Concerning 
Health Care Issues" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prevent Predatory Marketing Practices against Minors' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA c. 1055 is enacted to read: 
CHAPTER 1055 
MARKETING AND DATA COLLECTION PRACTICES 
§9551. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
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. 
2. Marketing purposes. "Marketing purposes," with respect to the use of health-
related information or personal information, means the purposes of marketing or 
advertising products, goods or services to individuals. 
3. 
Person. 
"Person" includes an individual, firm, partnership, corporation, 
association, syndicate, organization, society, business trust, attorney-in-fact and every 
natural or artificial legal entity. 
4. Personal information. "Personal information" means individually identifiable 
information, including: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 431, L.D. 1183 
A. An individual's first name, or first initial, and last name; 
B. A home or other physical address; 
C. A social security number; 
D. A driver's license number or state identification card number; and 
E. Information concerning a minor that is collected in combination with an identifier 
described in this subsection. 
5. Verifiable parental consent. "Verifiable parental consent" means any reasonable 
effort, taking into consideration available technology, including a request for 
authorization for future collection, use and disclosure described in the notice, to ensure 
that a parent of a minor receives notice of the collection of personal information, use and 
disclosure practices and authorizes the collection, use and disclosure, as applicable, of 
personal information and the subsequent use of that information before that information is 
collected from that minor. 
§9552. Unlawful collection and use of data from minors 
1. Unlawful collection. It is unlawful for a person to knowingly collect or receive 
health-related information or personal information for marketing purposes from a minor 
without first obtaining verifiable parental 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 or personal information about a minor 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 9553. 
§9553. Predatory marketing against minors prohibited 
A person may not use any health-related information or personal information 
regarding a minor for the purpose of marketing a product 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. 
§9554. 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 may establish procedures for receiving and investigating complaints of 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 
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COMMITTEE AMENDMENT "A "to S.P. 431, L.D. 1183 
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. Notwithstanding the penalty provisions of Title 5, 
section 209, each violation of this chapter constitutes a civil violation for which a fine 
may be assessed of: 
A. No less than $10,000 and no more than $20,000 for a first violation; and 
B. No less than $20,000 for a 2nd or subsequent violation. 
4. Application of federal law. If the Attorney General finds evidence of a violation 
of the federal Children's Online Privacy Protection Act of 1998, 15 United States Code, 
Sections 6501 to 6506 (2007), the Attorney General may bring a civil action pursuant to 
United States Code, Section 6504 (2007).' 
SUMMARY 
This amendment changes the title of the bill. 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 
ani 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. 
JF[SCAL :--;OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/12/09 frac:=. 
LD 1183 
LR597(02) 
An Act To Prevent Predatory Marketing Practices against Minors Regarding Data Concerning Health 
Care Issues 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR0597(02) - Fiscal Note - Page 1 of 1 
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