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Can Target Marketing Withstand Emerging Privacy Regulations? Litigation (and Time) will Tell

The world of digital marketing has grown exponentially in the last two decades. In fact, it was estimated that in 2020, despite the global pandemic, approximately $332.84 billion will be spent on digital advertising worldwide.[1] Not surprisingly, sophisticated algorithms (such as real-time bidding and programmatic ad buying) have been built in recent years to master the science of digital marketing and customer segmentation-aka target marketing. While none of the current U.S. privacy laws explicitly prohibit target marketing based on electronically obtained consumer data, this space is getting over populated, and over regulated, and the landscape is changing.

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