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AAF Government Report | January/February 2025

January/February 2025

Advertising Day on the Hill Coming Soon

There is still time to register for AAF’s Advertising Day on the Hill on March 13 in Washington, DC. Ad Day on the Hill showcases the power and passion of AAF’s nationwide grassroots network and is one of the most impactful events on the AAF calendar.

Join colleagues from across the country to learn about the issues confronting the advertising industry and travel to Capitol Hill to visit the offices of your Senators and Representatives to educate them about the advertising industry in your state and district and advocate for policies that will benefit the industry, consumers, and the local and national economy.

One of our featured speakers is Chris Mufarrige, the Federal Trade Commission’s new Director of the Bureau of Consumer Protection who will discuss the new administration’s priorities for advertising and privacy and data security regulation.

Attendees will be well-prepared for their Hill visits after briefings by experts on tax and privacy issues.

We urge you to join us in Washington, DC and make your voice heard.

South Dakota Rejects Ad Tax

An ad tax bill has been introduced in the South Dakota legislature as a possible way of funding property tax relief. The bill was considered on Friday, February 21 in the House State Affairs Committee and rejected by a 9-3 vote. Prior to the meeting AAF and our South Dakota members sent a letter to lawmakers explaining why the tax should be rejected and many AAF South Dakota members contacted lawmakers in opposition to the tax. This is another example of the power and effectiveness of the AAF grassroots network.

New York Bill Seeks to Restrict Food Advertising

bill has been introduced in the New York legislature to place unlawful and unrealistic restrictions on advertising for many foods and beverages. In addition to running afoul of the First Amendments protections for truthful commercial speech, the measure sets out many vague and impossible to follow standards. For example, it would prohibit ads to consumers who are “reasonably unable to protect their interests because of their age, illiteracy, inability to understand the language of an agreement or similar factor.” It would also restrict ads directed at children by prohibiting ill-defined features such as “buzzwords,” “sayings,” or “phrases” that are “trending with minors.” AAF has signed a letter to lawmakers explaining our opposition to the legislation.

AAF Advises Lawmakers of Privacy Principles

AAF joined with the Chamber of Commerce and many of our advertising and business allies to send a letter to key federal lawmakers supporting the enactment of a comprehensive national privacy law and laying out the principles we believe the law should include. We will continue to work with our partners in Privacy for America to advocate for such a law.

States Continue to Address Privacy

In the absence of Congressional action, many states continue to look at passing their own privacy laws, some comprehensive and some more narrowly targeted. AAF does not support the enactment of any of these laws, believing a single national standard would better serve both consumers and businesses. However, recognizing that many will pass while expressing our opposition we offer suggestions to lawmakers as to how they can make the measures more closely align with existing laws in other states.

Recent comments filed include:

Michigan SB 659 The Personal Data Privacy Act
If enacted as drafted, SB 659 would limit Michigan consumers’ access to online resources and exacerbate compliance challenges for businesses. Read the full letter.

Michigan SB 1082 The Reproductive Health Data Privacy Act
As drafted, SB 1082 contains provisions that would have detrimental unintended consequences for Michigan families by impeding new parents’ ability to access coupons, advertising, and other messaging regarding helpful and even essential newborn products. Read the full letter.

Virginia SB 769 Consumer Data Protection Act
SB 769’s provisions are significantly out-of-step with privacy laws in other states and wholly unnecessary given that the Commonwealth has already enacted privacy protections for consumer data. Read the full letter.

AB 2141 and SB 929 The New York Health Information Privacy Act
NYHIPA’s terms, coupled with its overly broad definition of “regulated health information,” could unintentionally impede New Yorkers from receiving useful and relevant information about products and services they may desire. Read the full letter.

Nebraska, LB 602 The Delete Act
The bill would impose requirements on Nebraska companies that are duplicative of requirements already contained in the Nebraska Data Privacy Act, severely hinder small and mid-size Nebraskan businesses’ ability to compete in the economy and impede Nebraska consumers’ and businesses’ access to vital services. Read the full letter.

Virginia Senate and Virginia House SB 1023 Consumer Data Protection Act
SB 1023 contains substantive provisions flatly banning the sale of precise geolocation data that are out-of-step with privacy legislation in other states and inconsistent with already existing consumer protections under the Virginia Consumer Data Protection Act (“VCDPA”). Read the full Senate letter and House letter.

Oklahoma HB 1012 Computer Data Privacy Act
HB 1012’s provisions would starkly contrast privacy laws enacted in other states, establish counterproductive protections for Oklahoma consumers, and levy cumbersome requirements on businesses aiming to comply in good faith, failing to meet the stated aims of the bill. Read the full letter.

Washington HB 1671 Protecting Personal Data Privacy
The bill contains provisions that are out-of-step with privacy laws in other states and will only add to the increasingly complex privacy landscape for both businesses and consumers across the country. Read the full letter.

South Carolina H 3431 Social Media Regulation Act
H 3431 raises significant First Amendment concerns for South Carolina minors and businesses alike. The bill would also have negative effects on South Carolina minors by limiting the content and information available to them. Read the full letter.

Montana SB 297 Generally Revise Privacy Laws
Instead of proceeding with amendments to the Montana Consumer Data Privacy Act (“MTCDPA”) that would diverge from the approach to privacy across several states, we ask the Committee to harmonize its approach to consumer data protections with other state privacy laws. Read the full letter.

Alabama HB 276 Regarding Social Media Platforms and Minors
HB 276 raises significant First Amendment concerns for Alabama minors and businesses alike. The bill would also have negative effects on Alabama minors by limiting the content and information available to them. Read the full letter.

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nation-wide network monitors advertising-related legislation on local, state and federal levels. We put our members face-to-face with influential lawmakers while encouraging self-regulation as a preemptor to government intervention, when appropriate of course. To learn more about our advocacy efforts, click here.

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