[News]

• Michigan Governor Imposes/Rescinds Ad Ban
• California Privacy Update
• Industry Awaits Governor’s Decision on Maryland Ad Tax
• ULC May Draft Model Privacy Law

Specifically, the order prohibited stores with more than 50,000 square feet “from the advertising or promotion of goods that are not groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences.” It also stated, “No one shall advertise or rent a short-term vacation property except as necessary to assist in housing a health care professional or volunteer aiding in the response to the COVID-19 crisis.”

While well intentioned, the necessity for these advertising restrictions was questionable, but the potential for harm to local media—an important source of local news and information—was not.  AAF President & CEO, Steve Pacheco wrote to the Governor asking her to rescind the advertising restrictions in the order. AAF also joined our industry allies in calling on the Governor to rescind the restrictions. Finally, we also urged each of the Michigan advertising federations to contact Governor Whitmer.

The Governor did not state her reasons for not including the ad ban in the new order, but it is reasonable to suspect that the industry protests may have played a role.

In late March, AAF and a group of more than 65 trade associations, organizations and companies sent a letter to the AG asking for a delay in enforcement until January 2, 2021.  However, the office has indicated it is committed to enforcing the law starting on July 1. The AG followed that response with a privacy alert to notify Californians of their rights under the CCPA and provide other information related to data and COVID-19. When the California legislature returns, it is expected to continue its consideration of legislation that would impact data and advertising, prioritizing measures related to COVID-19.

Should the Governor veto the bill, the General Assembly could try to vote to override when it returns. Legislative leaders had hoped to reconvene in May, but have announced that will not happen. The next session has not been scheduled and could be delayed until the Fall or next year pending the state of the health crisis.

AAF and our industry allies have written to the ULC expressing concern with some aspects of and early draft of the CUPIDA.  For example, the draft would allow private rights of action by individual citizens which would likely lead to a flood of frivolous and expensive litigation.  The draft would also provide state Attorneys General the authority to “adopt rules and regulations to implement provisions of the Act” which would undermine the goals of uniformity.

The letter expresses our work with Privacy for America and support of a national data privacy standard that would clearly define prohibited practices, protecting consumers while preserving the benefits that come from the responsible use of data.