But there is selective use of advertising to target specific markets, which is an issue about which the Code of Federal Regulations, section 109.25 (
https://www.hud.gov/sites/documents/DOC_7781.PDF) is completely clear:
> § 109.25 Selective use of advertising media or content.
> The selective use of advertising media or content when particular combinations thereof are
used exclusively with respect to various housing developments or sites can lead to discriminatory
results and may indicate a violation of the Fair Housing Act. For example, the use of English
language media alone or the exclusive use of media catering to the majority population in an area,
when, in such area, there are also available non-English language or other minority media, may
have discriminatory impact. Similarly, the selective use of human models in advertisements may
have discriminatory impact. The following are examples of the selective use of advertisements
which may be discriminatory:
> (a) Selective geographic advertisements. Such selective use may involve the strategic
placement of billboards; brochure advertisements distributed within a limited geographic area by
hand or in the mail; advertising in particular geographic coverage editions of major metropolitan
newspapers or in newspapers of limited circulation which are mainly advertising vehicles for
reaching a particular segment of the community; or displays or announcements available only in
selected sales offices.
> (b) Selective use of equal opportunity slogan or logo. When placing advertisements, such
selective use may involve placing the equal housing opportunity slogan or logo in advertising
reaching some geographic areas, but not others, or with respect to some properties but not others.
> (c) Selective use of human models when conducting an advertising campaign. Selective
advertising may involve an advertising campaign using human models primarily in media that cater
to one racial or national origin segment of the population without a complementary advertising
campaign that is directed at other groups. Another example may involve use of racially mixed
models by a developer to advertise one development and not others. Similar care must be
exercised in advertising in publications or other media directed at one particular sex, or at persons
without children. Such selective advertising may involve the use of human models of members of
only one sex, or of adults only, in displays, photographs or drawings to indicate preferences for one
sex or the other, or for adults to the exclusion of children.
Targeted advertising was already a thing when these regulations were written decades ago; internet advertising is just a difference in scale and cost.
