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On 18 January 2022, the Banning Surveillance Advertising Act of 2022 was introduced in the House of Representatives and the Senate. The Act would prohibit advertisement intermediaries from using microtargeting and enabling advertisers or third parties to conduct microtargeting through personal data or a protected class of features (e.g., race, gender, religion). On the other hand, the Act would allow broad location targeting and contextual advertising based on elements with which the individual is engaging (e.g., research, display of elements). Finally, in addition to the enforcement provided by the Federal Trade Commission and the state attorneys general, the Act establishes a private right of action for consumers.
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