The New Right Of Publicity Theories Facing Retailers

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By Stephanie Sheridan, Meegan Brooks and Surya Kundu (December 22, 2021, 6:07 PM EST) — Most retailers rely on customer information databases for a variety of consumer interactions, such as tailoring product recommendations, assisting with returns and sharing upcoming events and promotions.

Another popular practice is participation in data cooperatives, which, for a fee, allow brands to share information about their shoppers in exchange for data analytics services aimed toward better serving their existing customers and appealing to other potential new consumers.

Despite their benefits to customers, these practices are increasingly under attack, as evidenced by two waves of recent lawsuits filed across the country, which frame this practice as a breach of data privacy and…

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