Direct Marketers Win Round 1 in Tax Collection Case
Federal Court enjoins Colorado notice and reporting law
As counsel for the DMA in this litigation, I argued that H.B. 10-1193 violates the Commerce Clause of the United States Constitution by imposing discriminatory obligations upon out-of-state retailers that don't apply to in-state Colorado companies, and unduly burdening interstate commerce in violation of the clear principles set forth by the Supreme Court in its famous 1992 Quill decision. The District Court accepted these arguments in finding that the DMA had a likelihood of succession in both of the Commerce Clause counts.
- Companies:
- Direct Marketing Association
- People:
- Judge Robert E. Blackburn
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