Defending Behavioral Ad Class Actions

Law360, New York (October 20, 2011, 2:51 PM EDT) -- Digital advertising has become global and ubiquitous. In 2010, in fact, online ad spending for the first time exceeded that of print advertising. From the perspective of the marketers, the most effective digital advertising is so-called “behavioral advertising,” which the Federal Trade Commission defines as “the process of tracking consumers’ activities online to target advertising.”

The National Advertising Initiative reported in a 2010 study that behaviorally targeted ads are twice as likely to be viewed and acted on by consumers as nontargeted ads. (

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