As mentioned in my previous two posts (found here and here), I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the third installment in my series of highlights from my presentation.

Who am I?

Who are you?

In the data driven world, who I am and who you are really depends on who wants to know. Each advertiser is interested in a different story about … Continue Reading

California sets the standard for the rest of the country in a lot of areas—now, we can add privacy regulation to the list, as discussed by my colleagues Richard S. Eisert and Gary A. Kibel in a recent Davis & Gilbert client alert. This summer, California passed a bill known as the California Consumer Privacy Act of 2018, imposing rigorous privacy-related obligations on entities that do business in the state. Some have called the act “GDPR-light” since it implements some concepts similar to those in the new European law.

The California law was thrown together in a hurried effort by the legislature to head off an even more restrictive ballot initiative. That initiative had broad public support and enough … Continue Reading

As mentioned, I gave a presentation on the key trends and legal developments sweeping the advertising and marketing ecosystem at last week’s 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” Today I will share with you the second installment of this series…

The question of who has access to consumer data and device information – and how it gets used – is one that we all need to worry about.  But when it comes to brands, how can they create compelling content to convince a consumer to stay connected and share their data?

And how can brands stay transparent and give consumers real choice about the use of their data?  The need … 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

Developing — and keeping — trust has never been more important for advertisers. With consumers being bombarded by a dizzying variety of messages and choices, trustworthiness has emerged as an important differentiator between brands.

In other words, as Richard Eyre, CBE, chairman of the Internet Advertising Bureau UK (IAB UK) would put it, trust is now a key disruptor for advertising. At the 2014 IAB Engage conference, Eyre told advertisers that trust is their most important tool for relating to customers. The main job for today’s brands and agencies, he said, is to secure trust — and hold onto it.

As for what kinds of advertising consumers trust, online seems to be winning out over more traditional formats, though … Continue Reading

Just over a year ago, three of the leading advertising trade organizations – IAB, ANA, and 4A’s – formed the Trustworthy Accountability Group (TAG) to address several critical challenges affecting digital advertising, including fraud, piracy, malware, and lack of transparency. These issues not only cost the U.S. digital advertising ecosystem an estimated $8.2 billion annually, but also erode consumer confidence in advertisers generally – and the brands they represent.

TAG has grown exponentially since its inception, attracting cross-industry participation and support from the world’s largest advertisers, agencies, publishers, and ad-tech companies. Its board of directors includes executives from Facebook, Google, IPG Mediabrands, JCPenney, McDonald’s, Mondelez, Motorola, NBCUniversal, Omnicom, P&G, Publicis, Unilever, and WPP.

All of TAG’s programs drive collective accountability … Continue Reading

When it comes to trust and digital media, it’s an understatement to suggest that it cuts both ways. It’s more accurate to state that it slices and dices as many ways as a kitchen appliance from an infomercial.

On one hand, it appears to be easier than ever to assess trustworthiness across the digital landscape. We can vet product recommendations from Amazon, pull factoids from Wikipedia, and even gage credibility based on search engine rankings.

But on the other hand, what we see on digital media already reflects some prior manipulation or steering of products, or information. Or we may be seeing products and services that can’t even be sold. For example last year, Google banned 14,000 advertisers for hawking … Continue Reading

Advertising Week has always been an important week to those in the industry, and last week I sat down with Advertising Week’s Executive Director, Matt Scheckner, to talk about this year’s Advertising Week and how it reflects the changing face of the industry.  When discussing Advertising Week’s mission – Matt named education as one of the most important factors, and that’s certainly “The Way I See It.”

For the third year in a row, Davis & Gilbert was honored to sponsor the 2014 Advertising Week annual privacy/data forum, “Mission Impossible IV: Truth and Privacy.” I hosted this forum in NYC, and had the unique opportunity to talk to those who have their finger on the pulse of … Continue Reading

In the futuristic world of Minority Report, Tom Cruise’s character walks into a Gap clothing store; his eyes are scanned and a 3D hologram of a saleswoman welcomes him by name and inquires about his satisfaction with his previous Gap purchases.  The movie is set in 2054, but this scene may not be too different from the world we live in today.

Retailers such as Nordstrom, Family Dollar, Benetton and Warby Parker are testing new technologies that track customers’ movements throughout their stores by following the wi-fi signals from customers’ smartphones.  As part of a movement to gather data about in-store shopping behavior, retailers are also using video surveillance technology to detect moods based on facial cues, catalogue how many … Continue Reading

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