FOR IMMEDIATE RELEASE – December 12, 2016

Contact: Mike Uehlein, muehlein@the-dma.org

Non-Decision Lets Stand the Colorado Law that Discriminates Against Out-Of-State Companies

WASHINGTON, DC – Today, the U.S. Supreme Court announced it will not hear the Data & Marketing Association’s (DMA, formerly Direct Marketing Association) challenge to Colorado notice-and-reporting requirements on out-of-state sellers. DMA, the leading U.S. data and marketing association, petitioned the Court seeking a review of the Tenth Circuit Court of Appeals decision in DMA v. Brohl from February 2016, and has led the challenge to the Colorado law since 2010.

“DMA is proud to have led the multi-year charge against this Colorado statute that was purposely written to discriminate against out-of-state sellers,” said Emmett O’Keefe, DMA’s SVP of Advocacy. “We are disappointed the Supreme Court did not take the case and are concerned it will only encourage other states to adopt similar laws and regulations that are designed to put arbitrary burdens on out-of-state sellers. This is an issue Congress should address as the Constitution explicitly gives the legislative branch the authority to regulate interstate commerce.”

The state law at issue would require out-of-state sellers to file reports with state tax authorities describing purchases made by Colorado residents. In 2012 and 2013, respectively, the Federal District Court and the state court ruled in DMA’s favor on the Commerce Clause challenge. In 2015, the U.S. Supreme Court ruled unanimously in favor of the DMA, holding that federal courts have jurisdiction to hear challenges to the constitutionality of state laws such as the one imposed by Colorado.

“As the leading advocate for an industry that brings innovation and benefits to consumers in all 50 states, DMA is uniquely positioned to stand strong in defending the Commerce Clause principles of non-discrimination and fairness for all businesses,” said DMA’s CEO Tom Benton. “Moreover, the data and marketing industry is fueling jobs and revenue growth in every U.S. state, according to DMA’s Value of Data Report, signaling that the data-driven marketing economy has far outpaced the overall economy and is vital component of interstate commerce.”

About DMA (www.thedma.org): Founded in 1917, the Data & Marketing Association (DMA) is the community that champions deeper consumer engagement and business value through the innovative and responsible use of data-driven marketing. DMA’s membership is made up of today’s leading tech and data innovators, brand marketers, agencies, service providers and media companies. By representing the entire marketing ecosystem – from demand side to supply side – DMA is uniquely positioned to bring win/win solutions to the market and ensure that innovative and disruptive marketing technology and techniques can be quickly applied for ROI.

DMA advances the data-driven marketing industry and serves its members through four principal pillars of leadership: advocating for marketers’ ability to responsibly gather and refine detailed data to identify and fulfill customer needs and interests; innovating to bring solutions forward to the data & marketing ecosystem’s most vexing challenges; educating today’s members of the data & marketing ecosystem to grow and lead marketing organizations in the ever-increasing omnichannel world; and connecting industry participants to stay current, learn best practices and gain access to emerging solutions through &THEN – the largest global event for data-driven marketing – and DMA’s portfolio of other live events.

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