“Advertising and marketing cannot be used as a tool to confuse and endanger New York consumers.” – New York Attorney General Eric Schneiderman, April 2015

When you think about police work in the city of New York, you’re likely to think about officers patrolling the streets – not the billboards above it.  The fact is, however, that just as the city works to prevent violent crime, it also devotes law enforcement resources to ensuring that advertising and marketing in the city is not deceptive or otherwise in violation of the law.

The quote above, direct from the New York Attorney General, is proof of just how high that commitment reaches.  It comes from an announcement this spring of lawsuits the … Continue Reading

Once upon a time, newspaper circulars and static-filled messages broadcast over store speaker systems represented the cutting edge of shopper marketing. You had to think and decide for yourself what to buy and where to buy it. Those days are long gone.

Today shopper marketing happens in real time, across multiple marketing channels, and it’s always lurking around the corner. Shoppers are in the crosshairs whether they’re being hit by a retargeting banner ad after leaving an e-commerce site or pinged by a geo-located push notification on their mobile phone as they walk by a favorite shop with a clearance sale happening.

The heartbeat of today’s shopper marketing is what is called “programmatic advertising.” At a high-level, this tactic involves … Continue Reading

As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Today I will share with you the second installment of this three-part series…

One of the biggest issues facing advertisers, marketers and agencies today is the concept of “Trust.”  Not “Trust” in the context that advertising lawyers usually consider – the truth and falsity of advertising claims.  Rather, the issue is “Trust” as it relates to digital media.  And this issue relates to brands as well as media buying agencies.  Digital media is an integral part of all marketing and promotion today, and marketers and their agencies are part of that process and have responsibility for it – and may even have … Continue Reading

As I mentioned a few weeks ago, Davis & Gilbert produced our 2014 Lessons Learned/2015 Practical Advice, where our lawyers highlight major developments in the marketing communications industry, and offer tips and best practices for marketers and their agencies in 2015. To view the full 2014 Lessons Learned/2015 Practical Advice document, click here. This week, I wanted to share with you the section I co-authored on the National Advertising Division of the Council of the Better Business Bureaus (NAD).

Despite recent news reports implying that marketers are taking disputes to federal court with greater frequency, 2014 proved to be another banner year for the NAD. Eighty-eight competitor challenges were filed with the NAD in 2014 – a considerable increase … Continue Reading

To understand b.good, the healthy sandwich and salad shop that has taken the northeast by storm, we’re going to need to hop into the DeLorean, and go back to 1987 – when the founders met. b.good’s co-founders, Jon Olinto and Anthony Ackil, met in the sixth grade, and formed a fast friendship. After countless shared burgers – and years later – the duo teamed up to create something that they felt was missing from the marketplace.  They set out to create a line of restaurants where the food was made by real people, not factories.  In fact, burgers share the menu with kale and quinoa bowls and seasonal salads, and are all made with ingredients sourced from local farmers who … Continue Reading

For the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, 360i, and R/GA.

For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get their thoughts. Drum roll, please…

In my final post regarding the “State of the Creative,” I sat down with StrawberryFrog to discuss the state of the creative today with the agency’s Founder and Chief Executive Officer, Scott Goodson and Chief Creative Officer, Kevin McKeon.

 

In this new era of data and technology, what has been the fundamental change for creatives?

Scott: Well, there are new possibilities for creatives today compared to when I founded StrawberryFrog in … Continue Reading

The FCC has changed its rules to require “prior express written consent” in order to auto-send commercial calls or texts. Failure to comply can open violators up to private lawsuits, and to damages awards of up to $1,500 per violation.  So what should be done to avoid pricey violations?

First, there needs to be written consent before commercial calls or texts are sent. While this rule revision was primarily meant to address robocalls, the interaction of this priority requirement with the need for “writing” means that it will have a special impact on commercial texts.  Notably, advertisers cannot send messages to consumer numbers pulled straight from interactions that begin offline (for example, from a responses to an on-TV exhortation to … Continue Reading

Consumer protection in our digital age is becoming an ever more complex challenge, with technology constantly evolving and always “newer” new media emerging at lightning speeds. In recent years, online behavioral advertising has taken center stage as one of today’s most hotly-debated marketing practices. There seems to be a consensus amongst regulators that the industry, through self-regulation, should take on the challenge of establishing a transparent opt-out program for addressing privacy concerns and allowing consumers to choose not to have their data collected for future targeted ads.  However, the water gets more murky when it comes to online and mobile advertising to children.  Advertising to children is laden with issues and I’ve talked here on Madison Ave Insights about how … Continue Reading