As mentioned, at BAA I gave a presentation on the interplay of marketing and advertising law to activate brands. Today I will share with you the final installment of this series…

What is shopper marketing?  It’s about harnessing technology and data to reach and influence consumers on their path to purchase – online to in-store.  It’s about creating a brand experience for the consumer – not just a brand or retail channel transaction.  It uses content, technology, promotion, data, social interaction and insights as tools for meaningful consumer engagement.

Shopper marketing is dependent on information and data.  But how does a brand or retailer collect and use the data? When does consumer data collection become invasive, and when do privacy … Continue Reading

I had the great pleasure of moderating a panel at AdWeek Europe on the issue of trust earlier this year. The session was titled “Trust: Digital’s New Currency,” and there was broad agreement on the panel—which included among others the CEO of Clear Channel UK, the European Editor of Newsweek, and Phil Stokes, partner, Entertainment & Media Industry, PwC EMEA—that in today’s environment, trust is a valuable currency indeed.

It always has been. Before consumers act on an advertising or marketing message, after all, they need to trust it. In the digital age, however, it seems that consumer trust is under threat from more sources than ever before. If consumers aren’t knowledgeable and wary of digital scams, they can soon … Continue Reading

As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. I now will share with you the final installment of the series…

How do brands engage consumers in ways directly relevant to the target audience?  The answer may be Shopper Marketing – more appropriately dubbed as “Omnichannel Marketing.”  These marketing tactics are about engaging and influencing customers on their path to purchase.  They are about driving consumer engagement using content, technology, data and insights, together with promotions, branded campaigns and social interaction.  It’s about delivering the right products, in the right environment, in ways that are relevant and effective today.

Shopper marketing is heavily dependent on information and data.  How do marketers … Continue Reading

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

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.

 

[q]What are your 2014 predictions within the retail industry and how do they have the potential to affect marketing and advertising?[/q]

[a]One 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

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.

 

[q]What are your 2014 predictions within the sports industry and how do they have the potential to affect marketing and advertising?[/q]

[a]1) 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

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

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

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

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