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Category Archives: Mobile

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Dos Equis is Bucking Beer Trends by Going Mobile

Posted in Advertising, Digital, Mobile

These are challenging times for major beer makers. Beer sales in the United States have fallen by about 4% since 2008, with the biggest declines being experienced by some of the largest brands. Bud, Miller High Life and Miller Lite have lost a quarter of their sales volume. Some might chalk this up to the encroachment of craft brewers, but while sales of craft beers have grown by roughly 80%, they still represent only 7.6% of beer sales nationwide. A recent article in Forbes suggests that the real reason for the decline in major brand beers sales is that the Baby Boomers who drink them are drinking less as they age, and millennials, partly because the major beer brands have … Continue Reading

Marketers Predict Trends to Watch in 2014: Insights from Brown Shoe Company’s Chief Marketing Officer, Will Smith

Posted in Digital, Marketing, Mobile

Concluding the three part prediction series, I turn to Will Smith, Brown Shoe Company’s Chief Marketing Officer, to get his thoughts on what 2014 holds for the retail industry.

2014 Predictions within the Retail Industry and How They Have the Potential to Affect Marketing and Advertising, with Brown Shoe Company’s Chief Marketing Officer, Will Smith.


QWhat are your 2014 predictions within the retail industry and how do they have the potential to affect marketing and advertising? AOne of the biggest trends we need to pay attention to as marketers is the increasingly savvy, mobile customer.  Where customers once got their product information from a newspaper, TV ad, or billboard, today it’s in the palm of their hand. … Continue Reading

Marketers Predict Trends to Watch in 2014: Insights from LPGA Chief Marketing Officer, Jon Podany

Posted in Advertising, Marketing, Mobile

Continuing with predictions on what the rest of 2014 will hold, I turn to Jon Podany, Chief Marketing Officer for the Ladies Professional Golf Association (LPGA), to get his thoughts.

The Way The Industry Sees It

2014 Predictions within the Sports Industry and How They Have the Potential to Affect Marketing and Advertising, with LPGA’s Chief Marketing Officer, Jon Podany.


QWhat are your 2014 predictions within the sports industry and how do they have the potential to affect marketing and advertising? A1) Increasingly global – We are certainly seeing this with the LPGA (we have eight different countries represented in the top fifteen players in the world), but I see it continuing in other sports as well.… Continue Reading

Brand Activation Association Marketing Law Conference – Data and Unfairness

Posted in Advertising, Digital, Mobile

As we interact online, we leave a breadcrumb trail of data – both personally identifiable and anonymized.  This information can be pulled straight from data shared – name, age, or address – or can be extracted from browsing habits and usage patterns.  So what restraints are put in place to stop unchecked collection and use of this data?

One touchstone used by authorities in determining data-related policies and definitions is the concept of “unfairness.”  This term is used prominently in the FTC Act and is part of the fabric of consumer protection in the United States.  In addition, unfairness is being used in policymaking and enforcement efforts to determine what types of data collection, storage or use may be impermissible … Continue Reading

How to Ensure Compliance under the Telephone Consumer Protection Act

Posted in Advertising, Digital, Direct Marketing, Media, Mobile

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

DAA’s New Privacy Guidance for the Mobile Environment

Posted in Advertising, Digital, Marketing, Mobile

The Digital Advertising Alliance (DAA) recently issued guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data apply to certain types of data in the mobile space.  The DAA’s Self-Regulatory Principles are a direct response to the Federal Trade Commission’s (FTC) call for advertising industry self-regulation in the digital space.

The DAA clarified that its Self-Regulatory Principles are applicable to three newly-defined classes of mobile data: (1) data collected from a particular device regarding app usage over time on non-affiliated apps (Cross-App Data), (2) data about the physical location of the individual or device (Precise Location Data), and (3) calendar, address book, phone/text log or photo/video data created by a consumer and stored on a device (Personal … Continue Reading

“Canning the Spam” – The FTC on Mobile Spamming

Posted in Media, Mobile, Technology

Spamming has taken a new form in this era of mobile phones and text messaging.  In addition to fighting the clutter in our e-mail inboxes, we are also faced with clutter on our cell phones.  In the words of the FTC, text message spam is a “triple threat.”  First, mobile spam often uses the promise of free gifts or product offers to get you to reveal personal information such as bank account, credit card, or Social Security information.  Alternatively, clicking on a link in a text message can lead to the installation of malware that collects information on your phone and sends it to a third party.  Second, the spam can lead to unwanted charges on your cell phone bill. … Continue Reading

Ad Dollars Go Social

Posted in Advertising, Mobile, Social Media

The way we get our news is changing.  Every morning and throughout the day people around the world log on to Twitter to find out what is making headlines, new key developments on topics of interest, and what is “trending” – literally and figuratively.  And Twitter is not the only social media network being utilized to gather news and check for updates.  Facebook’s “Timeline” offers users the ability to share news articles within their network. Many social media users will check various social media sites more often than they may like to admit, looking for news or articles posted by “friends.”

The New York Times may have caused a stir when it introduced a paywall to access unlimited news content, … Continue Reading

A Conversation With Verizon’s Jerry Karnick On The FTC’s Updated Dot Com Disclosure Guidelines

Posted in Advertising, Marketing, Mobile, Technology

The Federal Trade Commission (FTC) recently released updated Dot Com Disclosure guidelines to fast forward to the present day and catch up with the technology consumers use more and more frequently – including smartphones, tablets, and social media. I previously gave you an overview of what the updated guidance means and how marketers need to approach the new FTC standards, and you’ve read “The Way I See It” on the updated guidelines.

I wanted to turn to an industry expert to discuss what the new FTC Dot Com Disclosure guidelines mean for advertising on various key platforms and what could be next for mobile and tech.

The Way the Industry Sees It:

I sat down with Jerry Karnick, … Continue Reading

FTC Updates Dot Com Disclosure Guidelines to Catch Up with New Technology

Posted in Advertising, Digital, Mobile

I talk here on Madison Ave Insights all of the time about the importance of mobile and social media for advertisers.  Technology is always changing, and with new technology comes a set of new challenges for industry groups, brands, and regulators.  In light of the rise of smartphones, tablets, and social media, the Federal Trade Commission (FTC) updated its online advertising disclosure guidelines.  Known as the Dot Com Disclosures, the guidance updates the original guidelines which were introduced in 2000, since, as we all know, a lot has changed since the turn of the Millennium.  While the general principles of traditional advertising law apply equally to online and mobile media, the updated guidelines provide specific guidance for making “clear and … Continue Reading

Understanding the FTC’s Expansion of COPPA: A Conversation with the Director of the Children’s Advertising Review Unit

Posted in Advertising, Digital, Marketing, Mobile

Surrounding a breakfast seminar, which was held at Davis & Gilbert today entitled, “Complying with the FTC’s Final Amendments to its COPPA Rule: What You Need to Know,” I thought a great post would be to examine that very topic.  In addition, I had the chance to speak to Wayne Keeley Director of the Children’s Advertising Review Unit (CARU) of the Council of Better Business Bureaus and interview him as my Q&A guest this week.

Advertising to children has long been laden with complex issues.  Advertising promoting products that target children have long faced criticism from consumer advocates and regulators who raise safety, health, or inappropriate content concerns.  In the digital age filled with online privacy and data collection concerns … Continue Reading

FTC Announces Mobile Privacy Disclosure Guidelines

Posted in Advertising, Marketing, Mobile, Privacy

February 1st was a big day for the Federal Trade Commission (FTC). Not only did the FTC release its report regarding mobile privacy disclosures, it also announced that it had reached a settlement with Path, a social networking app, which agreed to pay $800,000 to settle charges that it deceived users by collecting personal information from their mobile address books without their knowledge and consent, and that it collected personal information from children without their parents’ consent in violation of the Children’s Online Privacy Protection Act (COPPA).

The FTC’s report entitled “Mobile Privacy Disclosures: Building Trust Through Transparency” provides specific recommendations on improving mobile privacy disclosures for mobile platforms, app developers, advertising networks, and other third parties. Most notably, the … Continue Reading

Advertising’s Big Night: Super Bowl 47

Posted in Advertising, Digital, Marketing, Mobile

It’s finally here. Football fans everywhere have spent the last year counting down to Super Bowl Sunday, the main event for the NFL. But advertising and marketing executives have spent the last year actively planning for Super Bowl Sunday. And let’s face it, a lot of people who are not football fans watch the Super Bowl for one thing: the commercials. The ads typically dominate water cooler conversation the next day, and now take over social media and traditional media as well – for many, the final score doesn’t even matter.

In ad land, Super Bowl Sunday is a holiday. A lot of us are like little kids on Christmas – only we’re glued to the television instead of staring … Continue Reading

FTC Amends COPPA to Strengthen Children’s Privacy Protections

Posted in Advertising, Digital, Marketing, Mobile

The Federal Trade Commission (FTC) ended 2012 with a bang by adopting final amendments to the Children’s Online Privacy Protection Act (COPPA). For those of us who work in children’s advertising, these long awaited amendments came as no surprise. The final amendment, which goes into effect on July 1, 2013, came only weeks after the FTC issued a report that found that mobile applications have demonstrated “little progress” in addressing concerns about the privacy of children’s data.

COPPA was first enacted in 1998 and requires that operators of websites and online services that are either directed to children under thirteen or have actual knowledge that they are collecting personal information from children under thirteen notify parents and obtain their verifiable … Continue Reading

2012 Holiday Shopping Season: Significant Changes in Only Five Years

Posted in Advertising, Digital, Mobile

2012 is projected to be a big holiday shopping season, with consumer spending expected to return to near pre-recession levels.  The National Retail Federation’s 2012 consumer holiday spending survey forecasts that the country’s holiday spending will rise 4.1% to about $586 billion – the most optimistic forecast since the recession.  But a lot has changed since the pre-recession 2007 holiday shopping season.  The consumer shopping experience has seen significant changes in these past five years, and the holiday shopping season is different today than it was then – a sign of the technological advances that have been made, as well as the strides retailers and advertisers are making with digital, data, social media, and mobile.

The Way I See It… Continue Reading

Are Mobile Payment Apps the Next Big Thing?

Posted in Advertising, Digital, Mobile, Privacy

Cash and credit and debit cards are certainly dominant in the payment space today.  Some think change will never happen, but they are dead wrong.  Mobile payment is in its infancy, but the benefits are clear:  simplicity, convenience, relevance, and targeted offers and rewards.  No more wallets with multiple cards, just one device.  And this is only the beginning. 

Consumers and retailers are eager to participate.  Starbucks – a market leader – already offers a popular payment app.  It has now moved further into mobile payments by partnering with Square to allow mobile payment at all of its 7,000 U.S. stores.  Customers may soon even be able to pay with their phones while they’re still in their pockets.  With Square, … Continue Reading