#6 Indiana eMail Registry for Minors Bill (HB 1418)

What’s so iAWFUL?  HB 1418 broadly applies to unintended items such as supermarket flyers and ads for cars or restaurants. Compliance could cost marketers $72,000/year, and they’ll still face expensive private lawsuits even where no harm occurs.

Indiana’s HB 1418 would require online sellers of content minors are “prohibited by law from purchasing” to check an Indiana registry of registered minors’ email addresses.

HB 1418’s application would impact supermarkets whose advertisements include beer and wine, restaurants like TGI Fridays, and even car dealerships (since in IN, a minor cannot legally contract for a car).

HB 1418 impacts supermarkets, restaurants, and even car dealerships.

HB 1418 also imposes an economic burden of compliance on these businesses advertising though emails. Businesses would need to pay 3¢ for each email address it checks against the registry up to $72,000 a year.

Finally, the punishment for failure to comply, even if accidentally, is $10,000 for a first violation, $25,000 for a second, and a private right of action of $1,000 for each violation even if no harm occurs.

Only two other states have enacted such a bill: Michigan and Utah. In 2006, Utah accidentally disclosed the list of minors’ emails addresses and lost money on the program, adding insult to the registered minors’ injury.

This bill is so bad that it made a return from our Spring 2011 iAwful list.

NetChoice testified against the Indiana plan on August 18.

NetChoice Statements:

NetChoice Testimony in Opposition to Indiana Do Not Email Bill

NetChoice Comments on Children’s Online Privacy Protection Rule Review

Blog Posts:

Indiana Law Might Result in Very Low Sports Viewership

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   iAWFUL: the 10 Most Awful Laws for the Internet | NetChoice - Breaking down the Barriers to e-Commerce said:
   September 15, 2011 at 4:54 pm

   [...] Indiana eMail Registry for Minors Bill (IN HB 1418) [...]