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Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry

By Craig Nazzaro, Brad Rustin and Elizabeth A. DeVos

Last year, the Federal Trade Commission (FTC) released a staff report on Cross-Device Tracking, which added to the FTC's efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user's Internet-viewing behavior over time and across non-affiliate websites. Ostensibly, this technology obtains user preferences or interests. Cross-device tracking is the logical next step for this technology.

This cross-device tracking enables online behavioral advertising to be coordinated across a user's various devices such as smartphones, tablets, computers, game consoles and Internet-connected televisions. Using both behavioral advertising and cross-device tracking has grown since the release of the FTC study and shows no signs of stopping in 2018.

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