Cliff Stearns

The Direct Marketing Association today expressed disappointment with the scope and broadly restrictive nature of the draft privacy legislation proposed by Representatives Rick Boucher (D-VA) and Cliff Stearns (R-FL). Addressing both online and offline collection of data, the draft bill has potentially sweeping impacts for direct marketers working across every marketing channel, from direct mail and telemarketing to email, Internet, and mobile marketing.  Requiring notice and consent from an individual prior to any collection, use, or disclosure of information for any purpose would threaten the most basic of direct marketing practices.  Further, while the bill would not require consent for data collected for “operational purposes,” it specifically excludes marketing, advertising, and sales activities from that operational definition, making it clear that lawmakers intend to focus on the marketing and advertising community.