Published: December 2022

Consumer Action joins CFA in request for surveillance advertising ban and stronger data protection

Consumer Action joined Consumer Federation of America’s letter to the Federal Trade Commission regarding the agency’s Advance Notice of Rulemaking on Commercial Surveillance and Data Security. The organizations urged the FTC to prohibit surveillance advertising, set rules for data minimization, and not rely on notice of data practices as sufficient protection for consumers.

In a letter to the Federal Trade Commission, Consumer Action joined Consumer Federation of America (CFA) regarding the agency’s Advance Notice of Rulemaking on Commercial Surveillance and Data Security. The organizations urged the FTC to prohibit surveillance advertising, in which individual consumers are shown advertisements based on inferences about their interests, demographics and other characteristics drawn from tracking their activities. The practice is inherently unfair and deceptive, using invisible and invasive techniques to manipulate consumers and rob them of real choice in the marketplace. The organizations added that it is crucial for the FTC to set rules for data minimization to protect consumers from excessive collection, use, and sale of their data (including sharing their data in exchange for money or something else of value). The FTC should limit the collection, use and sale of data that can be linked to individual consumers to what is necessary to provide them with the products or services they have requested and for other specific permissible purposes. Lastly, the organizations pointed out that while notice about surveillance advertising can be useful to consumers and others, the FTC should not over-rely on disclosures about a company’s data practices. In the case of surveillance advertising, notice and consent cannot substitute for limitations and requirements that protect consumers from unfair and deceptive acts or practices in the collection, use and sale/sharing of their personal information. 

Lead Organization

Consumer Federation of America (CFA)

More Information

Read the letter here.

Download PDF

No Download Available