The ACMA released the following statement about the US Supreme Court’s decision not to intervene in the DMA v. Brohl case in Colorado this morning. For background, click here for an article in today’s Wall Street Journal (subscription log-on required). Also see this article in Internet Retailer.
The ACMA is deeply disappointed with the Supreme Court’s decision not to hear the DMA v. Brohl “tattletale reporting” case, which challenged a troubling Colorado law designed to create undue reporting requirements on out-of-state sellers while delving into consumers’ personal privacy.
Consumers, particularly those who buy from catalogs and e-commerce merchants, put considerable trust in the businesses from which they make the most personal of purchases. This decision undermines this trust by requiring remote sellers to report to state tax collectors on the buying habits of their customers, including health care products, apparel or other sensitive items.
Unless Congress steps in and addresses this matter, it’s an issue that’s only going to intensify, particularly as other states decide to follow Colorado’s lead.
Remote sellers must make their voices heard. They should let policymakers at the federal and state level know that laws like these put an unfair burden on businesses and put personal privacy at risk while bringing government into the home and family.
These types of tattletale reporting laws should not be allowed to stand.