Over the past 15 years, our real estate agency has helped hundreds of families buy and sell homes in Maine. We’ve succeeded for two reasons. First, we offer expert service rooted in deep local knowledge and commitment to our clients and communities. Second, we’ve gotten really smart about effectively marketing our company. We do that through in-person events, print media and — most importantly — data-powered digital ads.
That’s why I’m concerned that lawmakers in Augusta are considering LD 1822, a bill that would dramatically restrict the data that makes our digital ads so effective. In fact, I voted against a nearly identical bill last year when I served in the Maine Senate, because it was clear that it posed a serious threat to the state’s small businesses. If LD 1822 passes, businesses like mine will likely have to spend more on ads while generating fewer leads. Amid rising economic uncertainty, that’s the last thing we need.
Small businesses have to be savvy about their marketing strategy and budget. In our case, we know that at any given time, most people aren’t looking to buy or sell a house in central Maine. That means it’s a waste of time and money to advertise to the general public; it’s much more efficient to advertise to people actively in the market.
By working with digital ad partners like Google and Facebook, we can show our ads to people whose online activity suggests they’re a good match for our services. For example, if you’ve been searching for homes in Maine or for a local broker, you might see one of our ads. That doesn’t mean we know who you are — we never see sensitive or personal information. Hundreds of others with similar browsing habits will see the same ad. It’s a smart, efficient way to reach potential clients and connect sellers and buyers with our experienced brokers.
Our digital ad partners also provide data analytics that show us what’s working and what’s not. We can see how people reach our website — for example, by clicking an ad or a link in an email — and which messages work best. If an ad performs well, we can double down; if it doesn’t, we can fix or drop it. That real-time feedback helps us stretch our budget, grow and compete with huge national brokerages that can afford splashy TV and print ads.
LD 1822 threatens those high-value digital tools. The bill includes strict limitations on how data is collected and used, and would make it hard for us to use basic, non-personally identifiable data to reach the right audiences. In addition, its broad restrictions would blunt the data-analytics tools that help us understand which marketing methods and ads are working, meaning we’d waste valuable dollars on ineffective outreach.
On top of that, the bill introduces a host of new compliance burdens, like mandatory “data protection assessments,” that would require us to hire pricey legal experts and tech consultants. Big businesses might be able to absorb those costs, but small businesses would take a real hit.
Supporters of LD 1822 claim it won’t affect small businesses, but that’s just not the case. The bill applies to any business that handles the data of at least 35,000 consumers a year. That might sound like a lot, but almost any business with an online presence will easily exceed that threshold. And even if a small business doesn’t, its digital partners certainly will — so the small business will still be affected.
Good policy requires an understanding of the facts — and a willingness to make sensible compromises. We all want privacy online. At the same time, we all want local businesses and communities to thrive. What Mainers really need is balanced legislation that both protects consumer privacy and allows small businesses to thrive. Unfortunately, LD 1822 misses the mark.
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