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  1. #1
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    Judge Rules Illinois Internet Tax Law Unconstitutional
    not quite sure what this means..but it sounds like good news for Illinois affilaites

    Judge Rules Illinois Internet Tax Law Unconstitutional | Performance Marketing Association

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  3. #2
    ...and a Pirate's heart. Convergence's Avatar
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    Hopefully we all will gain some sort of momentum and these decisions (like Colorado) will set some sort of precedent.

    Really liked this statement:

    the Judge agreed with the PMA’s position that this statute is premature, given the Congressional moratorium related to Internet tax fairness.
    Salty kisses, Sandy toes, and a Pirate's heart...

  4. #3
    OPM and Moderator Chuck Hamrick's Avatar
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    Here's the key phrase:
    Judge found in PMA’s favor, declaring the law violates the Commerce Clause and Internet Tax Freedom Act.
    I take it this is Illinois state court?

  5. #4
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Illinois state trial court level.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

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  7. #5
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    Cannot find a written opinion available yet, but this appears to be the most significant ruling yet for affiliate marketing.

    Unlike the Colorado law, the Illinois law did include the creation of a legal fiction of a nexus being created by out-of-state merchants having in-state affiliates, and the court here has apparently determined that that is a specious assumption, and its consequences violated the Commerce Claus of the US Constitution, and cannot and will not be enforced (by this judge).

    An appeal will almost surely follow.
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

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  9. #6
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    More details from the Chicago Tribune
    Since June 10, 2012 a vegan aarf but still writing the Hound Dawg Sports Blog
    "If you don't have time to do it right, when will you have time to do it over?" -John Wooden;
    "Raj, there’s no place for truth on the internet." -Howard Wolowitz[/SIZE]

  10. #7
    ShareASale President/CEO and ABW Veteran Brian - ShareASale's Avatar
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    The result is obviously something that we wanted, but there is much work to do on an expected appeal.

    Please join in and help us - it is an important fight for Affiliate Marketers not just in Illinois but all States. Details are found at Join the PMA
    Thanks,

    Brian Littleton
    President/CEO - ShareASale.com, Inc.


  11. #8
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    Glad to see this ruling. Hopefully, it will influence future decisions in other states.

  12. #9
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    So Now What?
    Just curious ... are we going to have to wait for this case to go through an appeal until affiliate companies open their doors to us again? I'm curious why the programs didn't open up as soon as the judge ruled the law unconstitutional. I believe it's the case that in some states where the law has been turned over those affiliates were immediately welcomed back.

  13. #10
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    Yes, we will have to wait until affiliate programs like Amazon, Fat Wallet, and whoever else decides to re-open their programs. Being an affiliate marketer is still good business if you know how to maneuver through obstacles. Also, people need to stand up for their rights.

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