After Multi-Year Effort, Supreme Court Denies DMA Petition Challenging Colorado Law

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.”