Dominique R. Shelton and Clinton J. McCord of Wildman Harrold Allen & Dixon LLP explore the recent wave of class-action lawsuits related to behavioral advertising that allege violations of federal and state laws "that prohibit intentional accessing and tracking of consumer behavior online without consumer consent." The report looks at the balance of targeted advertising from a marketing standpoint with consumer concerns about privacy. For example, the report suggests, "The gathering of data through Flash cookies can occur without even the company's knowledge if outside vendors are operating, managing or serving advertising on the Web site." Lack of knowledge may be a defense, but it will not protect companies from being sued, the authors write. (Registration may be required to access this story.)
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