Google, the Unruh Act, and the Legal Risk of Knowing Your Audience
dvertising’s oldest rule is simple: Know your audience. In California, following it may get an online platform sued. Show retirement-home ads to seniors and student discounts to college students, and sensible targeting can suddenly look like unlawful discrimination.
That question is now before California’s Sixth Appellate District. The dispute arises from a trial court ruling in Haynie v. Google that could turn routine age-based ad targeting into a violation of California’s Unruh Civil Rights Act. The International Center for Law & Economics (ICLE) filed an Aug. 17 amicus letter supporting Google’s petition for a writ of mandate in Google LLC v. Superior Court.
If the ruling stands, it could cause widespread, unintended harm to consumers, small businesses, and the digital economy. Multisided platforms—online services that connect businesses with users—would likely restrict advertisers’ use of age data. The predictable result would be less relevant and less age-appropriate advertising for everyone.