Last year, Maine attempted to pass data privacy legislation that would be a first-in-the nation type of law, and thankfully, that bill was defeated in the Maine Senate. During the floor debate, Senator Joe Baldacci-D of Penobscot said that Maine businesses should not be a laboratory for something as complex as data privacy regulations. He's right!

We are strongly supportive of Maine passing a comprehensive data privacy law, but we want to make sure it is done right, and does not make Maine a unique outlier.

We are supporting LD 1224, An Act to Comprehensively Protect Consumer Privacy sponsored by Representative Tiffany Roberts-D of South Berwick and co-sponsored by Senator Baldacci-D of Penobscot and Representatives: Bridgeo-D of Augusta, Collamore-R of Pittsfield, Crockett-D of Portland, Dill-D of Old Town, Henderson-R of Rumford, Stover-D of Boothbay, Senators: Guerin-R of Penobscot, Moore-R of Washington.

This bill is modeled after similar state laws in New Hampshire, Rhode Island, and Connecticut. In fact, 17 states have legislation that closely resembles LD 1224. Maine should follow the lead of LD 1224 so that Maine's businesses are competing on a level playing field, and it ensures interoperability for those businesses that work in multiple states.

What we learned last year was that certain national groups were targeting Maine, Vermont and Maryland to try to get a foothold with their version of data privacy. Their goal was to cause disruption at the state level to try to give them leverage at the federal level on this issue. We stopped them in Maine. Vermont's bill was ultimately vetoed and killed, but Maryland did pass problematic legislation that is set to take effect in October of 2025.

LD 1822, An Act to Enact the Maine Online Data Privacy Act, sponsored by Representative Amy Kuhn-D of Falmouth,and Cosponsored by Senator Carney-D of Cumberland and Representatives: Speaker Fecteau-D of Biddeford, Lee-D of Auburn, Moonen-D of Portland, Sato-D of Gorham, Sinclair-D of Bath, is modeled closely after the Maryland legislation, and we would be disappointed to see Maine follow in Maryland's footsteps.

LD 1088, sponsored by Representative Rachel Henderson-R of Rumford is fairly similar to LD 1224, but has a few additional provisions that are somewhat concerning. However, it is worth noting that Representative Henderson is a co-sponsor of LD 1224 so we want to focus our efforts on that bill.

How You Can Help!

✅ Support LD 1224: Balanced and Business-Friendly

LD 1224 protects consumer privacy without overburdening retailers. It’s a proven model, already adopted in 17 states, including:

·     New Hampshire

·     Rhode Island

·     Connecticut

Why it works for Maine retailers:

·     Protects consumer data while supporting responsible marketing

·     Provides clear rules and time to comply

·     Aligns with neighboring states, reducing compliance confusion

·     Practical and realistic for small businesses

🚫 Oppose LD 1822: Overreaching and Costly

LD 1822 goes too far — adding new compliance costs, restricting marketing, and creating uncertainty just when retailers need clarity.

Why it’s a problem:

·     Burdens small businesses with vague and complex regulations

·     Limits how you reach new customers — including tourists

·     Makes it harder to offer discounts, loyalty programs, or personalized deals

·     Goes beyond what most other states have done

🎯 Why This Matters Now

Maine businesses — especially those in tourism-heavy regions — are already facing challenges:

·     Canadian tourism is down due to tariffs

·     Federal privacy rules are still unclear

·     Businesses must now find new customers and new markets to survive

We need smart, consistent state laws that protect consumers AND support local business growth.

📢 How to Take Action

Attend an in person hearing on Monday, May 5 at 10 AM in the Judiciary Committee, 4th Floor, Maine State House.

If you are testifying in person, please bring 20 copies of your testimony, and begin your remarks with:

"Senator Carney, Representative Kuhn, and members of the Judiciary Committee…"

Please use your own words, but consider using these simple messages:

·     “Please support LD 1224 — it balances privacy with business needs.”

·     “Please oppose LD 1822 — it goes too far and hurts small businesses.”

·     “Maine retailers rely on data to find new customers, especially with the loss of Canadian tourism.”

·     “We need laws that match what other states are doing — LD 1224 does that. LD 1822 does not.”

Your voice makes a difference. Maine’s small businesses deserve data privacy laws that are fair, clear, and consistent.

Can’t Make It? Submit written testimony online, or sign up to testify via Zoom:

·     Go to: https://www.mainelegislature.org/testimony/

·     Click: Public Hearing

·     Choose a Committee: Judiciary

·     Choose a Date: May 5 2025 10 AM

·     You can only click one bill at a time. We suggest clicking LD 1224, An Act to Comprehensively Protect Consumer Privacy

·     If you want to testify via Zoom, click that box, and you will get an emailed link. Otherwise, leave it unchecked.

·     Either upload a letter, or type your testimony in the box.

·     Enter your contact information, and press Submit/Register.

This message is shared in partnership with the Maine Retail Association.