Illinois Affiliate Marketers: You Are Back In Business!
Today the Illinois Supreme Court affirmed the PMA’s victory in its lawsuit, and declared the state’s Affiliate Nexus Tax law invalid. Advertisers can reinstate their Illinois affiliates! And Illinois affiliate marketers can get back in business!
The PMA’s attorneys issued this statement:
The ruling by the Illinois Supreme Court that Public Act 96-1544 is “void and unenforceable” results in a judicial finding that the statute was never legally valid and, therefore, it is not currently in effect. This means that advertisers are free to reinstate their Illinois affiliates whose contracts were terminated out of fear of the “click through” nexus law. Of course, advertisers must still be wary of any additional activity that may be conducted by web affiliates on their behalf, such as active solicitation of prospective customers and other in-state promotional efforts. The court ruling does not displace, or supersede, traditional, physical-presence nexus standards. If Illinois affiliates engage in activities that go beyond the posting of Internet links, there remains the risk that those affiliates could create nexus for out-of-state retailers under existing nexus principles that are unrelated to the statutory provision that was struck down by the state Supreme Court.
Here are links to the court’s decision: summary and full decision.
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JasonOctober 18, 2013 at 12:01 pm
After losing income since March 10th, 2011, can the state of Illinois be sued for lost income stemming from an unconstitutional law that it passed AND refused to repeal after it was first ruled unconstitutional?
Pingback: Good news for Illinois Affiliates! - News and views from the leader in Online Performance Marketing | News and views from the leader in Online Performance MarketingOctober 18, 2013 at 2:39 pm
AdamOctober 18, 2013 at 5:00 pm
Hopefully this will happen for
affiliates in Rhode Island as well.