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The Resurgence of the Shell-Clad Heroes: A Dive into TMNT’s Mastery of Merging Nostalgia and Novelty

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Ah, the sewers of New York City. To the average Joe, a symbol of urban infrastructure and occasional rodent residence. But to millions worldwide, it’s the emblematic home of four wise-cracking, pizza-loving, shell-wearing heroes who’ve defied time, trends, and even logic: the Teenage Mutant Ninja Turtles. With Paramount’s new rendition, the turtles have yet again emerged from the inky shadows to shell-shock (see what I did there?) a new generation, even as they wink nostalgically at their long-time fans.

From the initial charcoal sketches of Kevin Eastman and Peter Laird’s TMNT comics in the ’80s to today’s high-octane animation, the journey of Leonardo, Michelangelo, Donatello, and Raphael is a masterclass in brand resilience. And if their journey wasn’t impressive enough, enter a blast from the past – Jonathan Ware, the once pint-sized, now fully grown “I like turtles” viral sensation. His zombie-faced revival for the TMNT marketing campaign was nothing short of ingenious.

Shell We Dive Deeper into Legacy & Revival?
At its core, TMNT isn’t just about turtles with mad martial arts skills or their rat sensei (who, by the way, has managed an impressive mane all these years without a trip to the salon). It’s about adapting and thriving in a constantly changing world. From black-and-white comics to a seemingly ever-green animated series, from action figures that every ’90s kid had (or pined for) to today’s expansive range of merchandise, TMNT’s adaptability is awe-inspiring. But how do you ensure Michelangelo’s ‘Cowabunga!’ doesn’t sound like yesterday’s news?
Bringing in Seth Rogen and Evan Goldberg was, without a doubt, a masterstroke. Known for their comedic prowess peppered with depth, they were tasked with introducing our turtles to Gen Z without alienating their OG fans. No small feat! But as early reviews suggest, Mutant Mayhem manages to navigate this tightrope with grace, serving up a generous slice of nostalgia with a side of fresh narrative toppings. It’s like your favorite pizza – familiar yet surprisingly new with each bite.

Add to that a lineup of stars that could rival the brightness of the North Star – Jackie Chan, John Cena, and Maya Rudolph, to name a few – and you have a recipe that caters to, well, everyone.
Under Paramount’s strategic vision, TMNT pivoted from being the prized possession of a select few collectors to a mainstream retail giant. And, honestly, who could resist? From action figures with articulate joints to TMNT-branded Crocs (because why not?), the franchise is everywhere. TMNT-themed birthday party, anyone?

Shell We Conclude?
Teenage Mutant Ninja Turtles: Mutant Mayhem is not just another movie; it’s an ode to resilience, to stories that grow with their audiences, and, most importantly, to the sheer joy of nostalgia interspersed with novelty. It’s a reaffirmation that heroes, especially those clad in shells, never truly fade away. They just wait for the right moment to emerge, reminding us of days gone by, while confidently striding into the future.

And if a certain turtle-loving, zombie-faced gentleman can capture our hearts all over again, who’s to say our four heroes won’t? After all, in the world of TMNT, anything is possible – even a rat teaching turtles ninjutsu.

Is the Open Marketplace Done? The Slow Exodus from OMP to Direct-Sold Advertising

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Ah, the digital age – a world where you can have 500 friends yet be terribly alone, and where advertisers think they’re omnipresent until they realize 70% of their audience is in the digital witness protection program. But in an age of hyper-targeted advertising, there’s a plot twist worthy of a classic film noir. The Open Marketplace (OMP) – the trusted intermediary between publishers and advertisers – seems to be on the ropes. Are its days numbered?

The Great Disappearing Act

Let’s begin by understanding this curious case of vanishing data. Ever since data privacy became the talk of the town, with consumers singing the chorus of “Don’t Track Me, Bro!”, a substantial number of users have opted out of tracking. Combine this with a buffet of cookie-blocking browsers, and we arrive at a startling figure: 70% of the internet is effectively playing hide-and-seek with adtech.

This mass exodus is more than just a slap on the wrist for adtech. It’s turning into a financial migraine for publishers who relied on OMP revenue. Advertisers, too, are feeling the squeeze. Imagine gearing up for a blockbuster advertising campaign and then being told you’ve lost 70% of your audience. Not quite the blockbuster start they had envisioned.

Stats Don’t Lie (But They Can Break Your Heart)

Don’t just take my word for it; the numbers spell out the heartbreaking story. EMarketer’s projection suggests that by 2024, direct-sold ads will be the leading man in the advertising world, accounting for a staggering 75% of total programmatic digital display ad spend. In contrast, OMP will be playing a tiny supporting role with just 8.5%.

Remember the heady days of January 2020? The average monthly CPM in OMP was $1.45, but by January 2023, it had tumbled to $1.21, a rather ungraceful faceplant. Couple this with the insight that publishers are losing more than 50 cents on every dollar to third-party adtech, and it’s evident why the publisher CROs are starting to look elsewhere.

The Green Pastures of Direct-Sold Advertising

Enter direct-sold advertising, the knight in shining armor. As the OMP landscape gets murkier, direct-sold gleams with promise. A prime example is Ranker, which by shifting its strategy to direct-sold and leveraging high-intent audiences, has seen a 4x jump in revenue year-on-year.

Furthermore, publishers are now positioned as the next-generation data owners. They can offer brands a direct line to 100% of their audience, unlike the paltry 30% reach of the OMP. As such, publishers have the chance to illustrate to brands that there’s an untapped goldmine right under their nose.

But let’s not write an obituary for OMP just yet. Yes, it has challenges – the lack of control, transparency, and premium ad placements, and the ever-looming shadow of ad fraud. The new regulations like California Privacy Rights Act (CPRA) aren’t doing it any favors, either. The act is pulling back the curtains and making sure adtech intermediaries don’t play fast and loose with consumer data. Add to that the mounting concerns about the environmental impact of real-time bidding, and it’s clear that OMP needs a radical overhaul.

However, what we’re witnessing isn’t so much the end of OMP but rather its evolution. We’re moving from a “Wild West” era of digital advertising to a more mature, transparent, and sustainable landscape. OMP can still play a role if it adapts.

The Verdict

Is the Open Marketplace done? Not quite, but it’s facing an existential reckoning. As the tide shifts towards direct-sold avenues and publishers reclaim the narrative, the future of digital advertising is being redefined. In this evolving storyline, there’s room for both direct-sold and a reformed OMP. But for now, publishers and advertisers would do well to place their bets on direct-sold. After all, in the unpredictable world of advertising, it’s always wise to go with the sure thing.

Fear of Finding Out vs. Fear of Missing Out: Programmatic Dilemmas

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In the ever-evolving landscape of programmatic advertising, where issues such as transparency, trustworthiness, and economic feasibility persist as ongoing challenges, one figure emerges as a guiding beacon of insight.

Tom Triscari, the CEO and Founder of Lemonade Projects, an advisory firm dedicated to shedding light on programmatic ad tech practices, offers a unique perspective. In this extensive conversation, we delve into Tom’s insights, spanning from the intricacies of programmatic economics to the revelations uncovered in the ANA’s programmatic transparency report.

The discussion, led by Alison Schiff on Ad Exchanger Talks, begins with a glimpse into the shared history and camaraderie between Tom Trica and Alison within the programmatic realm. The atmosphere is relaxed, reminiscent of old friends reminiscing about industry events. It provides an inside look into a dialogue with profound implications for the programmatic advertising sphere.

Tom introduces himself as a “programmatic economist,” a title that arouses curiosity. He attributes this label to his academic background in economics, including studies at UCLA and a game theory course taught by Nobel Prize-winning economist Lloyd Sharpley. This academic foundation serves as the lens through which he analyzes programmatic advertising, merging classical and behavioral economic theories.

The heart of the conversation lies in the concept of “programmatic economics.” Tom elaborates that a deep understanding of programmatic advertising relies on accurately evaluating the likelihood of current and future events. Mastery of the concept of expected value is pivotal. Advertisers must enhance their ability to ascertain the true value of their programmatic investments by refining their probability assessments.

Transitioning to the ANA’s programmatic transparency report, Tom, who played a pivotal role as a consultant and advisor to the ANA, underscores his deep involvement in the research. Alison highlights the astounding findings, notably the revelation that advertisers are losing approximately $13 billion annually due to Made for Advertising (MFA) websites, accounting for 20% of all ad impressions.

The discussion delves into the concept of “FoFo,” or the fear of finding out, which reflects advertisers’ reluctance to confront the harsh realities of programmatic advertising. While the ANA report has brought significant issues to light, a fundamental question looms: Will advertisers alter their behavior in response?

Tom counters FoFo by introducing “FOMO,” the fear of missing out. He suggests that advertisers rushed into programmatic advertising, driven by FOMO, without thoroughly scrutinizing the complexities of the ecosystem, which ultimately led to the current challenges. Programmatic was initially hailed as a golden opportunity promising efficiency, transparency, and quality results, but it fell short of expectations.

The conversation shifts to Made for Advertising (MFA) websites, the report’s focal point. Tom expounds on MFA, describing it as a strategy to gain cheap reach by enticing users to click on clickbait content. MFA involves humans clicking on deceptive content, inflating ad inventory auctions, and benefiting MFA site owners. Tom draws parallels to the “lemon market” concept, where buyers struggle to distinguish between good and bad products, eroding trust and efficiency.

One of the programmatic advertising industry’s challenges is the absence of a standardized definition for MFA websites, which hampers effective countermeasures. Tom emphasizes the need for a universally accepted definition and questions why MFA, despite being a clear issue, is not consistently labeled as fraud.

Tom employs an analogy, likening programmatic ad inventory to branches on a tree. At the top, there’s a basic division: inventory is either wasteful or not. Within wasteful inventory, two significant branches emerge: MFA and legitimate bot fraud. MFA involves human clicks on clickbait, while bot fraud entails actual bots generating fraudulent clicks. The challenge lies in defining and addressing these multifaceted issues.

The conversation delves deeper into economics as Tom introduces the principle of arbitrage. He explains that the programmatic ecosystem thrives on arbitrage opportunities, often overlooked by advertisers who are unaware of the intermediaries between them and their target audience, each taking a share. Tom’s mission is to eliminate these arbitrage opportunities, ensuring advertisers receive maximum value.

As the interview concludes, Tom leaves us with a powerful insight: genuine transparency in programmatic advertising requires more than education; it demands action. Advertisers must actively demand the transparency they rightfully deserve and hold intermediaries accountable. The pursuit of truth and transparency, Tom emphasizes, steers the industry toward a brighter future.

Revolutionizing the Art of Process Automation: Appian Welcomes Randy Guard as CMO

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In the ever-evolving world of technology, one company stands out as a trailblazer in the realm of process automation. Appian Corporation, listed on Nasdaq as APPN, has consistently pushed the boundaries of what is possible in the field of enterprise software. Today, it is our pleasure to announce a new addition to Appian’s already impressive lineup of leaders – Randy Guard, who takes the reins as Chief Marketing Officer (CMO).

Randy Guard is no newcomer to the world of marketing, product strategy, and technology leadership. With a career spanning more than 35 years, Guard brings a wealth of experience and a track record of innovation to Appian. His appointment as CMO is set to take Appian’s global marketing efforts to unprecedented heights, reinforcing the company’s commitment to delivering its end-to-end process automation vision to organizations worldwide.

Guard’s journey to Appian has been nothing short of remarkable. He spent two decades at the helm of SAS, a renowned data and analytics powerhouse. His tenure at SAS saw him steadily rise through the ranks, eventually taking on the role of Chief Marketing Officer for five years. During his time there, Guard played an instrumental role in the marketing of the SAS platform, solutions, and AI offerings, including groundbreaking advancements in machine learning and deep learning.

But Guard’s impressive career doesn’t stop there. Prior to joining Appian, he served as both CMO and Chief Product Officer at Spreedly, a digital payments start-up. At Spreedly, Guard engineered a strategic rebranding effort that transformed the company into a formidable enterprise provider. His innovative marketing and product strategies fueled Spreedly’s rapid growth, underlining his ability to drive success in the technology sector.

Matt Calkins, Founder and CEO at Appian, had this to say about Guard’s appointment: “Randy’s background and his exceptional leadership qualities make him the ideal person to guide our global marketing efforts. His mix of business, technical, and marketing experience will be an impactful addition to the team and company culture.”

What sets Guard apart is his profound understanding of the technology landscape and his knack for crafting narratives that resonate with customers. His ability to articulate and execute marketing visions has been pivotal in the success of companies he’s worked with.

Guard himself is eager to embark on this new journey with Appian, a company he believes is revolutionizing process automation with artificial intelligence. He expressed his excitement by stating, “Appian’s commitment to delivering exceptional value to enterprise customers is well-known in the industry and aligns well with my passion for technology and marketing. He looks forward to working with this talented team to drive growth by helping organizations unlock the full potential of their data and business processes while leveraging AI in a secure, responsible way.”

For those unfamiliar with Appian, the company offers the Appian Platform, which stands as the fastest way to design, automate, and optimize complex business processes. This platform boasts a low-code design experience, coupled with enterprise-grade security, reliability, and scalability for mission-critical applications. Appian’s unified Data Fabric, automation, and process mining capabilities enable organizations to rapidly design new digital software solutions that automate tasks, thus driving efficiency and optimizing business outcomes.

Appian’s innovative approach to enterprise software has not gone unnoticed. They proudly offer an 8-week Appian Guarantee, a testament to their commitment to delivering enterprise applications in record time.

In a world where technology is the driving force behind progress, Appian continues to be a pioneer. With Randy Guard now at the helm as CMO, we can expect even greater strides in the realm of process automation, making Appian a company to watch closely. As they say, the revolution is here, and Appian is leading the charge.

Retail’s Cold War: The Screen That Froze the Supermarket Aisles

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In the ever-changing realm of marketing and consumer packaged goods (CPG), one thing stands clear: adaptability is paramount. As consumers continue to engage with brands across a multitude of touchpoints, marketers are faced with the formidable task of distinguishing themselves in an increasingly crowded media landscape. To succeed in this endeavor, they must deploy omnichannel strategies that allow them to connect with consumers throughout their entire journey. Enter Digital out-of-home (DOOH) advertising, a potent tool in the marketer’s arsenal, facilitating engagement with on-the-go shoppers when conventional channels fall short.

In today’s retail landscape, reaching the “active shopper” during their path to purchase and while they are in-store represents the ultimate challenge. The key lies in custom targeting and messaging, which have become imperative to drive awareness and influence real-time purchasing decisions on a grand scale. The advent of DOOH advertising has opened new avenues for CPG marketers, offering a unique opportunity to establish that vital connection.

Imagine this scenario: advertising on digital screens replacing the windows on freezer and refrigerator cases in your local supermarket. It might sound like something out of a science fiction novel, but it is a reality now. Cooler Screens, a pioneering force in the in-store digital media arena, has forged a groundbreaking collaboration with Kroger, heralding what is being hailed as the advent of the first-ever in-store upfront.

Cooler Screens is extending an invitation to marketers to reserve inventory for the fourth quarter of 2023 and quarterly slots throughout 2024, with applications set to be evaluated this July. Kroger, not content with merely being a retailer, now collaborates with advertisers to measure the impact of their campaigns on in-store sales.

The strategic move by Cooler Screens coincides with the growing allure of retail media networks. Traditional advertising channels are being challenged by digital media, which are now exploring the upfront model as a means to attract more advertising investments. Cooler Screens is actively seeking campaign proposals that not only make a difference in the customer experience but also yield substantial performance results. They encourage innovative utilization of their 4K, life-sized digital screens to craft engaging shopping experiences.

However, the journey into in-store digital media is not without its trials and tribulations. Cooler Screens recently found itself embroiled in a legal battle with Walgreens, one of its most prominent adopters. Cooler Screens is suing Walgreens for breach of contract, seeking substantial compensation totaling $200 million. The dispute arises from Walgreens’ decision to remove the screen technology from its stores.

This saga unveils a complex narrative, one that began as a promising collaboration under former CEO Stefano Pessina but took a different trajectory when Rosalind Brewer assumed the role of CEO. The lawsuit alleges that Brewer opted to remove the screens from stores, despite successful pilot programs and expansion plans.

Adding a layer of complexity to the situation, Cooler Screens was co-founded by Greg Wasson, Walgreens’ former Chairman, CEO, and Board member. Wasson, who played a pivotal role in negotiations with Walgreens, now finds himself a named litigant in the complaint against his former company.

The world of in-store digital media is rapidly emerging as the next frontier in the burgeoning retail media sector. Many startups in this space operate under retailer trade-offs, wherein technology companies shoulder the Capital Expenditure (CapEx) costs associated with integrating new devices in exchange for a share of advertising revenue.

While precise financial details of Cooler Screens’ arrangement with Walgreens remain undisclosed, it is evident that significant investments were made. Cooler Screens committed to investing $200 million in technology and deployment for a rollout across 2,500 stores, a commitment that ultimately faced hurdles.

The legal battle between the two parties unveils a convoluted web of alleged obstructive actions by Walgreens, from halting expansion plans and refusing approvals to data sharing issues. Cooler Screens contends that many technology-related issues were, in fact, a consequence of Walgreens’ aging refrigeration infrastructure.

As advertisers progressively allocate media budgets to retail media networks (RMNs), the challenges associated with standing out within this landscape are concurrently intensifying. RMNs have experienced substantial growth, with retail giants like Amazon, Walmart, Kroger, and others launching their own media offerings. McKinsey predicts that RMNs could amass a staggering $100 billion in ad spending by 2026.

Within this dynamic terrain, place-based digital out-of-home media has emerged as a game-changer. Unlike traditional on-platform or off-platform inventory, place-based inventory strategically positions itself in proximity to points of interest. In the retail context, this implies reaching consumers right before they enter a store, precisely when they are finalizing their shopping lists.

Place-based DOOH advertising offers a unique blend of advantages: viewability, contextual relevance, brand safety, and close proximity to the point of purchase, all while respecting consumer privacy. In a cluttered in-store environment, outside-the-walls advertising provides a clean, less distracting space to engage consumers.

The ascent of advertising within retail stores, driven by innovations such as DOOH, heralds a new era in the realm of marketing and consumer engagement. The battle for consumer attention and purchasing decisions has shifted to the aisles of supermarkets and the entrances of retail establishments.

As we navigate this dynamic landscape, one thing remains certain: adaptability and innovation will continue to be the guiding principles for marketers seeking to make a lasting impact. Cooler Screens’ legal battle with Walgreens serves as a stark reminder that the path to innovation is often laden with challenges. However, in-store retail media is here to stay, and those who harness its potential will emerge as the pioneers of the retail revolution.

A Blueprint to Banish Ad Fraud for Good: Curtailing the Covert Culprit

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Here me out: I know why ad fraud is so pervasive, and how to stop it. 

Now, the concealed adversary, known as Ad Fraud, operates in the shadows, relentlessly draining the financial lifeblood of marketers and advertisers who navigate the complex territories of major platforms like Meta and Google.

But this doesn’t have to be.

We strive to capture the elusive creature known as ‘genuine user engagement,’ yet this hidden foe, ever since its detection in 1999, has been orchestrating a silent, destructive symphony, leaving a trail of financial and reputational wreckage in its wake.

When we unravel the tapes of time to 2016, the adversary was already at work, siphoning off roughly $7.2 billion from the $72.5 billion allocated to digital advertising campaigns. It’s only gotten worse, much worse. 

The ramifications of this silent war have been profound, prompting the inquisitive minds to explore the nature of this phantom enemy and its modus operandi.

Ad Fraud is a deceptive entity, engaging in a variety of subterfuge to swindle advertisers. It creates illusions of clicks, imprints mirages of impressions, and conceives shadows of conversions, misleading advertisers to pay for what essentially is a façade. 

From bots pretending to be authentic users to notorious schemes like the ICEBUCKET operation that deceived advertisers into paying for unseen ads, the industry has been witnessing the growing sophistication of these fraudulent machinations.

The arsenal of Ad Fraud is vast and varied. It involves techniques like ad stacking, where multiple ads are layered in a single placement, pixel stuffing that makes ads practically invisible, and more intricate methods such as IP address and device spoofing, where the origin of fraudulent traffic is camouflaged. These varied tactics have a singular, sinister aim—to deceive advertisers into paying for non-existent or ineffective ad placements, subsequently harming the overall advertising ecosystem.

Beyond the financial drain, the repercussions of Ad Fraud’s activities extend to generating fewer genuine leads, lowering employee morale, tarnishing brand reputations, and posing compliance-related financial risks. It also results in poor advertising ROI and causes significant damage to publishers who unknowingly become a part of these fraudulent schemes, hurting their credibility.

However, understanding the roots of these malevolent activities is crucial. Ad fraud primarily thrives on exploiting the vulnerabilities of the digital advertising ecosystem, driven by the lure of financial gain from deceptive practices, like generating fake clicks or impressions. It flourishes in the complex and opaque environment of digital advertising, where the lack of transparency makes it incredibly challenging to trace these activities.

Moreover, the industry’s emphasis on achieving high metrics such as clicks, impressions, and conversions creates a fertile ground for Ad Fraud. The underlying demand for impressive performance metrics makes advertisers more susceptible to such fraudulent practices, as they strive to portray a successful advertising campaign. In this quest, the automation in digital advertising has facilitated the use of bots and scripts that mimic user interactions, leading to inflated metrics, portraying a misleading picture of user engagement.

This sinister entity isn’t just a fictional villain—it’s a very real, very present danger, and it’s growing at an alarming rate. Recent reports state a daunting increase in ad fraud costs, projected to reach $172 billion by 2028. That’s 22% of all online ad spend rendered worthless due to devious activities such as click farms and bots. These numbers are alarming and call for immediate and robust countermeasures.

The seemingly pervasive apathy within the advertising sector is indeed troubling—there is acknowledgment, documentation, discourse, yet, strikingly, a significant lack of decisive actions to curb this pervasive villain known as Ad Fraud. Major platforms appear to be willingly overlooking this peril, potentially to preserve the perceived success of advertising campaigns. There seems to be a resigned acceptance, a passive acquiescence towards Ad Fraud, stemming from a belief that the sector doesn’t have the collective will to confront and control this escalating phenomenon of deceitful activities.

However, grappling with this malicious entity mandates the recognition of its existence and its widespread repercussions. It is pivotal to employ advanced fraud detection methodologies and enforce strict industry norms to shield the advertising landscapes from these malevolent actors. This suite of technologies can accurately discern invalid traffic, false impressions, and deceptive clicks or conversions on ads, thus safeguarding both the campaign efficacy and advertising budgets.

But the contemplation persists—how much longer will the sector allow itself to be submerged in this quagmire of indifference before mobilizing substantial efforts to eradicate this concealed adversary? This is not just a skirmish; it’s a full-fledged war that requires awareness, diligence, and proactive measures. If not, Ad Fraud will persist in overshadowing digital advertising, jeopardizing the effectiveness of ad spend and undermining the sanctity of advertising endeavors throughout the sector. The era for dormant scrutiny has elapsed; it is time for the sector to engage in proactive confrontation against this concealed adversary before its overshadowing presence becomes overwhelming and irreversible.

It is unequivocal that the industry is aware of the issue. If media buyers and stakeholders unitedly declare “enough is enough” and staunchly refuse to participate in media procurement on any network or entity that has ever been implicated in intentional fraud, a transformative change can be initiated. This collective stance of non-tolerance can be the catalyst for purging the industry of fraudulent elements, realigning focus on genuine user engagement and restoring integrity in advertising practices. The question is not of ability but of willingness. Will the industry rise, acknowledge the villain in the room, and take the essential steps to vanquish it? Only a collective resolve to say “no more” to any semblance of fraud can bring about this much-needed reformation in the advertising landscape.

The MediaMath Debacle: Is This Ad Tech’s Theater of the Absurd?

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In the tumultuous world of business, where the unexpected often becomes the norm, the recent acquisition of MediaMath by Infillion has sent shockwaves rippling through the industry. It’s a move that’s ignited more debates than a late-night political talk show. The burning question on everyone’s mind: Has Infillion just pulled off a brilliant coup or taken an audacious gamble with a hefty side of risk? It’s a high-stakes poker game, and we’re all spectators, wondering whether we’re witnessing a grand adventure or a fool’s errand.

Once upon a time, MediaMath was the undisputed champion of the ad tech arena, striding confidently amidst the digital advertising giants. However, the tides turned, and MediaMath found itself drowning in a sea of debt that could give even the most financially astute among us heart palpitations. Yet, here comes Infillion, wading into the fray, determined to breathe new life into this beleaguered behemoth.

The resurrection of MediaMath isn’t for the faint-hearted. It’s like deciding to resurrect the Titanic from the icy depths of the Atlantic. In the fickle realm of ad tech, where innovation is the name of the game, Infillion’s venture might seem either brilliantly audacious or borderline delusional.

Rob Emrich, Infillion’s fearless leader, has painted a vivid picture of MediaMath’s future as a “walled garden as a service.” It’s a phrase that sounds like it was plucked from a surrealist artist’s canvas. What does that even really mean?

But can a company that has just clawed its way out of a financial abyss really take on industry titans like The Trade Desk? Comparing the two is like comparing a deck chair to a luxury yacht – an idea that invites raised eyebrows and stifled laughter.

Time, as always, will have the final say on whether this is a pipe dream or a game-changer.

And then there’s the curious decision to resurrect MediaMath’s demand-side platform (DSP) business, a move that adds yet another layer of complexity to Infillion’s audacious agenda. In an industry where legacy players are trying to stay afloat, reviving a once-potent DSP feels like trying to sell typewriters in the age of smartphones. It’s a daring move, to say the least, and its success remains uncertain.

But here’s the elephant in the room: rebuilding trust with former clients and partners. MediaMath’s history is a rollercoaster of triumphs and stumbles, and many of its former staff have already moved on to greener pastures. Convincing them to return after the less-than-amicable departure might be akin to asking a cat to dance the tango.

The ad tech world is a fast-paced circus, and those who’ve left may be cautious about rejoining the fray. Infillion, despite being unburdened by MediaMath’s financial baggage, faces the Herculean task of convincing skeptics that this phoenix can indeed rise from its ashes.

The strategic roadmap for this acquisition seems shrouded in mystery. Infillion hints at integrating MediaMath’s technology while also suggesting that the two entities might coexist. It’s like trying to solve a Rubik’s Cube blindfolded – you’re never quite sure if you’re getting closer to the solution or just creating more chaos. It leaves industry insiders, clients, and partners scratching their heads, yearning for clarity in a landscape that’s more riddle than revelation.

In the grand spectacle of ad tech, where eccentricities are applauded and norms are shattered, Infillion’s acquisition of MediaMath stands as an enigmatic masterpiece. Attempting to transform a debt-laden ad tech has-been into a “walled garden as a service” and a DSP powerhouse is like trying to turn a rusty jalopy into a Formula 1 race car.

As this saga of improbable comebacks and industry intrigue continues to unfold, we find ourselves captivated by the audacity on display. Yet, beneath the surface, questions persist, echoing the sentiments of Ciarán O’Kane.

Is this acquisition the ad tech world’s equivalent of a Shakespearean farce?

A captivating spectacle, without a doubt, but is it ultimately a mirage? MediaMath’s phoenix-like revival makes for riveting storytelling, but whether it’s a shrewd business move remains an enigma wrapped in a riddle – a puzzle that the entire industry watches with rapt attention as it continues to unravel.

Are you Confused about ChatGPT and Marketing?

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In the ever-evolving landscape of artificial intelligence (AI), myths and misconceptions abound like phantoms in the night. As we grapple with this technological marvel, we’re often led astray by the myths that surround it, obscuring its true potential and capabilities. It’s high time we cast a discerning eye on these myths, unraveled them, and discovered the real story behind ChatGPT and its role in marketing.

Myth #1: AI can replace human minds.

The notion that AI is poised to replace human creativity and ingenuity is the oldest and most enduring myth in the world of machine learning. While AI can certainly assist marketers in automating repetitive tasks, it falls woefully short in terms of creative thinking and strategic decision-making. AI can be a helpful sidekick, but it can’t don the cape and assume the role of the hero in your marketing efforts.

Myth #2: AI understands everything it learns.

Another pervasive fallacy is the belief that AI has attained a level of understanding comparable to that of humans. While AI has made significant strides in natural language processing and sentiment analysis, it remains an imperfect interpreter of human emotions and intentions. It’s like expecting a chess-playing computer to comprehend the passion of a grandmaster’s moves.

Myth #3: AI can fix everything.

There’s a misguided belief that AI is a panacea, a magical elixir that can cure all marketing woes with a simple incantation. The truth is that implementing AI in marketing requires time, effort, and a dash of patience. It’s not a quick fix, but a process that involves training, refinement, and integration into existing strategies. Expecting instant results is akin to planting a seed and demanding a tree by sunrise.

Myth #4: AI is prohibitively expensive.

Some believe that AI is an exclusive club for big spenders, leaving small businesses to peer wistfully through the velvet rope. In reality, the cost of AI implementation has plummeted as the technology has advanced. Affordable AI tools with flexible pricing models now cater to businesses of all sizes. AI is not a luxury; it’s a practical option.

Myth #5: AI is only for big tech businesses.

There’s a misapprehension that you need a PhD in machine learning to wield AI effectively. This couldn’t be further from the truth. AI-driven marketing has democratized the field, empowering businesses large and small across various industries. It’s not about expertise; it’s about harnessing the capabilities AI offers.

So, what’s the problem with these myths? They can lead marketers astray, fostering unrealistic expectations and a misguided reliance on AI as a silver bullet. Overestimating AI can blind us to the ethical challenges of privacy and security and lead us to trust machines with sensitive data better protected by human judgment.

Conversely, these myths can also deter businesses from embracing AI. Some may view it as an unattainable luxury, while others fear it as a harbinger of job losses. These misconceptions stifle innovation and limit the transformative potential of AI.

To transcend these myths and forge a fruitful relationship with AI, education is key. Marketers should ensure decision-makers have access to accurate information about AI’s capabilities and limitations. A culture of learning will enable individuals to set realistic expectations while daring to dream big.

But let’s not stop at dispelling myths. Let’s explore how marketers can harness AI’s powers to reshape their approach to consumers:

1. Deliver a more personalized service.

AI’s gift to marketers is the ability to personalize at scale. By analyzing customer data and behavior, AI allows businesses to deliver highly relevant and personalized content and offers. This improves customer engagement and encourages repeat visits, creating a virtuous cycle of customer satisfaction.

2. Make content more interactive.

AI can breathe life into static content, transforming it into interactive and gamified experiences. From AI-driven quizzes to personalized product configurators, these interactive elements enhance customer engagement and keep them glued to your digital offerings.

3. Offer customer service that anticipates.

With AI-powered chatbots and virtual assistants, customer service can be elevated to new heights. AI enables instant, personalized responses, making customers feel heard. Moreover, AI’s predictive capabilities allow businesses to anticipate customer needs and proactively offer support, leading to higher customer satisfaction.

4. Free yourselves for bigger projects.

AI is the ultimate time liberator. By automating repetitive tasks such as email marketing, social media posting, and ad optimization, it allows marketers to focus on more significant challenges. With AI as your ally, you can conquer the mountains that have long lingered on your to-do list.

In conclusion, ChatGPT and AI, in general, are not enigmatic figures to be feared or idolized. They are tools, instruments in the hands of marketers to craft more personalized, engaging, and efficient strategies. By dispelling the myths, embracing education, and exploring the possibilities, marketers can wield AI as a force for good in the digital marketing landscape, creating a brighter and more exciting future.

AdTech’s Secret Sauce: It’s Not All About the Code

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If you’re anything like me, it’s all too tempting to get caught up in the glitzy allure of cutting-edge software and groundbreaking products. 

Adtech companies, often driven by an unwavering belief in their innovative solutions as the ultimate game-changers, have been swept away by the irresistible current of technology.

Yet, a recent, enlightening dialogue among industry leaders reveals a concealed truth—one that’s been obscured beneath the shiny facade of technological fervor.

As the adtech industry continues to grow, it is becoming increasingly important for companies to differentiate themselves from their competitors. 

According to Joe Zappa, the Founder of Sharp Pen Media, the key to this differentiation lies in the quality of service and caliber of individuals backing the product. Adtech companies often place a steadfast faith in their software or product, but this can lead to a focus on features and functionality rather than the overall customer experience. By prioritizing customer service and investing in top talent, adtech companies can set themselves apart in a crowded marketplace.

One of the challenges that adtech companies face is that their customers often see their products as interchangeable. After all, many adtech products offer similar features and functionality. This can make it difficult for adtech companies to stand out and build a loyal customer base. However, companies can create a unique value proposition that resonates with customers by focusing on service and talent.

Another important factor to consider is the role that people play in the adtech industry. While software and technology are certainly important, it is ultimately the people behind the product who make the difference. By hiring top talent and providing ongoing training and development, adtech companies can ensure that they are able to provide exceptional service to their customers. This can lead to higher customer satisfaction, increased loyalty, and ultimately, higher revenue and growth.

Mark Donatelli, a voice of reason amid the digital cacophony, echoes Zappa’s sentiment but adds a critical twist: “Experience is the product.” This declaration transcends the mere mechanics of software, delving into the art of effectively conveying a product’s intricacies and connecting customers with knowledgeable individuals who can unlock its full potential. In an era where user experience reigns supreme, it is the human touch that bridges the gap between software and user, transforming it from a mere tool into a rich and satisfying experience.

Val Shah, the discerning Owner of The Native Ad Agency, introduces a dose of reality into the discourse. She highlights that while every adtech company aspires to ascend to the heights occupied by giants like DoubleClick or The Trade Desk, these aspirations often lead them astray. The adtech landscape is evolving at breakneck speed, rendering the emulation of past successes an obsolete strategy. Success now lies in charting a novel course—one that elevates the human element above all else.

But what precisely does it take for adtech companies to navigate this uncharted terrain? Enter AdTechGod, a tongue-in-cheek moniker concealing profound insights. With a touch of humor, AdTechGod playfully contemplates what it would take for a company like Media Math to regain its former glory. Beyond the jest, a plethora of ingenious ideas surfaces: the critical task of rebuilding trust with SSPs and publishers, the refinement of the user interface, the embrace of the evolving Connected TV (CTV) landscape, the implementation of innovative payment solutions, the reintegration of lost talent, and the harmonious integration of technologies to amplify programmability. It’s a treasure trove of strategies that underscores the pivotal role of strategic human ingenuity in rejuvenating a company’s prospects.

Johnathan Barnes encapsulates the essence of the adtech landscape with a succinct yet potent statement: “Digital advertising, including Adtech, is fundamentally a relationship business.” In a world where technology is increasingly commoditized, it’s the relationships forged by adept and personable individuals that form the bedrock of success. Clients and partners may easily encounter comparable technology, but it’s the trust, communication, and collaboration fostered by these relationships that endure the test of time.

Shiv Gupta, the perceptive Founder at U of Digital, adds the final brushstroke to this compelling portrait. In an environment rife with fragmentation and a cacophony of similar offerings—data, algorithms, ID, AI, DSP, SSP—technology starts to blur into an indistinct mass. Buyers find themselves adrift in a sea of choices, with every company blending into the next. In such a milieu, Gupta reminds us that it’s the individuals—the cream of the crop, the imaginative and adaptable—who truly shine. They are the ones who breathe life into a company’s identity and set it apart from the undifferentiated masses. And this isn’t mere conjecture; it’s the inspirational accounts of human-driven triumphs within the adtech industry that provide irrefutable validation.

The insights shared by industry luminaries like Joe Zappa, Mark Donatelli, Val Shah, AdTechGod, Johnathan Barnes, and Shiv Gupta paint a vivid picture of the ever-evolving adtech landscape. While technology undoubtedly fuels progress and innovation, it is the human factor that remains the lighthouse guiding companies through turbulent waters. Adtech companies must recognize that the heart of their success lies not only in the sophistication of their software but in the quality of their service and the caliber of their people. By prioritizing exceptional customer experiences and investing in top talent, they can forge unique identities in a crowded marketplace and build lasting relationships with clients and partners.

As we navigate the uncharted territories of digital advertising and technology, it’s clear that the adtech industry’s future hinges on its ability to adapt, innovate, and prioritize the human touch. In this relentless march of progress, the lessons from these industry leaders serve as a compass, reminding us that while technology may be the vessel, it is the people who chart the course and, ultimately, define the destination. 

The adtech companies that embrace this truth will not only weather the storm but thrive in an era where meaningful connections and experiences are the true currency of success.

Fortnite: The Ultimate Playground for Brands and Gamers

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There’s a war going on, and it’s not just between the players. It’s a war for attention, for loyalty, for hearts and minds. 

It’s a war that brands are waging on the virtual battleground of Fortnite, the colossus of gaming that has captivated millions of fans across the globe.

 In this article, I reveal the secrets of Fortnite advertising, the psychology behind its appeal, the tactics employed by savvy marketers, and the fine line between enchantment and annoyance.

To understand the allure of Fortnite advertising, we must first grasp what draws us to the game itself. Video games are more than just entertainment; they are a form of escapism, a way to transcend the mundane realities of everyday life. They stimulate our senses, challenge our intellect, soothe our nerves, and reward our efforts. They also foster social bonds, allowing us to interact with others who share our passions and interests.

Fortnite taps into this emotional and cognitive cocktail, creating a rich and immersive world that invites us to explore, create, and compete. It also offers us a sense of identity, allowing us to customize our avatars and express our personalities. Fortnite is not just a game; it’s a lifestyle.

As Fortnite grows in popularity, so does its potential as a platform for advertising. What makes gaming an ideal medium for marketers? It’s the inherent connection that gamers have with the products or services featured within the game. Unlike traditional advertising methods that rely on passive exposure, gaming advertisements engage an audience that is already interested in the product. In other words, gamers are a receptive demographic, actively seeking out branded content.

But success in gaming advertising is not guaranteed. Fortnite’s diverse and discerning community demands a tailored approach. Marketers must craft content that resonates with the gaming culture, forging authentic connections that go beyond the superficial.

The Tools of the Trade: How Fortnite Ads Work and How You Can Be Part of It Too

To appreciate the intricacies of Fortnite advertising, we must examine its various forms. Brands have a range of options to choose from, including:

In-Game Ads: These ads blend seamlessly into the gaming environment, immersing players in the brand experience. For example, Warner Bros. promoted its movie Tenet by featuring its trailer on in-game screens. Similarly, Samsung showcased its Galaxy Note 9 by sponsoring an exclusive skin for players who bought the device.

Sponsorships: These ads involve partnering with individual players and content creators, allowing for genuine endorsements within the gaming world. For instance, Red Bull sponsored Ninja, one of the most popular Fortnite streamers. Likewise, Adidas collaborated with Tyler “Ninja” Blevins to launch his own sneaker line.

Branded Events and Live Experiences: These ads provide opportunities for brands to showcase their products or services in unique and memorable ways. For example, Marvel teamed up with Fortnite to create an Avengers-themed event that allowed players to wield iconic weapons from the franchise. Similarly, Travis Scott performed a virtual concert in Fortnite that attracted over 12 million viewers.

In-Game Items and Rewards: These ads involve sponsoring in-game items or rewards, incentivizing player engagement and loyalty. For example, KFC gave away free chicken wings to players who found its hidden Colonel Sanders statue in Fortnite. Likewise, Wendy’s rewarded players who destroyed freezers in Fortnite as part of its #FreezerRebellion campaign.

Pre-Game Ads: These ads appear before matches begin, offering a more conventional advertising experience. For example, Gillette featured its razors in pre-game ads that targeted male players. Similarly, Coca-Cola displayed its logo in pre-game ads that targeted female players.

It’s crucial to note that while pre-game ads may have their place, they risk feeling less immersive and personal compared to in-game ads. According to expert Jose Eshkenazi Smeke, “These ads are meant for a much shorter timeframe and aren’t as likely to resonate with the audience as other forms of advertising.”

The Balance of Power: How Brands Navigate the Tension Between Immersion and Intrusion

While Fortnite advertising offers many benefits for brands, it also poses some challenges. One of the main challenges is finding the right balance between immersion and intrusion. Gamers want to be immersed in the game world, but they don’t want to be bombarded with ads that disrupt their experience. Brands must respect gamers’ preferences and expectations, avoiding overexposure and backlash.

One way to achieve this balance is by offering value to gamers. Brands can do this by providing relevant content that enhances their gameplay or rewards their participation. Another way is by involving gamers in the creative process, allowing them to co-create or influence the content. This way, brands can foster a sense of ownership and loyalty among gamers.

Fortnite advertising is a complex and fascinating phenomenon, one that reflects the changing dynamics of consumer behavior and media consumption. Brands that master the art of selling in this realm can reap the rewards of reaching a massive and loyal audience. But they must also be mindful of the risks of alienating or annoying gamers who value their autonomy and agency. Fortnite advertising is not a one-way street; it’s a dialogue, a relationship, a game.

The US Ad Industry Dodged the Recession Bullet

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The winds of change often blow in unpredictable directions in the world of advertising, and as the saying goes, “The only constant in life is change.”

 While some might have anticipated a looming advertising recession, the latest industry forecasts suggest that such fears might be exaggerated.

Brian Wieser, an industry analyst with a keen eye for trends, has released a new forecast that paints a picture of cautious optimism. According to Wieser, advertising investments are poised to grow by 5% this year. 

Now, some might raise an eyebrow at the word “only” in front of 5%, considering the ad industry’s recent robust performance. After all, it’s a step down from the 6.5% growth recorded in the previous year. But let’s put it in perspective.

During the pandemic, the advertising landscape underwent a profound transformation. E-commerce surged, giving birth to a digital shopping frenzy. As a result, retail media investments and online direct-to-consumer sales soared. In this context, the ad industry basked in the glow of high growth. However, most savvy marketers and advertisers knew that such blistering growth rates were bound to be unsustainable over the long haul.

What’s more, the story doesn’t end with Wieser’s forecast. IPG Mediabrands’ Magna forecasting unit has decided to sweeten the pot by revising its growth outlook for U.S. advertising in 2023. They’ve bumped it up by one percentage point to a robust 5.2%. Looking further ahead, they’ve also revised their 2024 forecast upwards by six-tenths of a point to an even healthier 5.6%.

As Vincent Létang, Magna’s Executive Vice President of Global Marketing Intelligence, eloquently put it, “Six months ago, the media industry was bracing for recession, but advertisers kept calm and continued to support their brands and sales through media investment.” The key takeaway here is that advertisers didn’t hit the panic button; they understood that the industry’s health could withstand short-term fluctuations.

Létang’s narrative weaves a tale of recovery. After consecutive quarters of stagnation, the advertising industry began to bounce back, starting in the second quarter. And this resurgence isn’t some flash in the pan; it’s expected to gain momentum through the rest of the year. What fuels this rebound? It’s a cocktail of improved growth in the U.S. economy and more favorable year-over-year comparisons, especially when you consider the unique circumstances of the COVID-19 recovery.

But as with any story, there are nuances to consider. The ad recovery is a tale of two worlds. On one side, digital media is the shining star, outshining the rest. Digital retail media spending is on the rise, proving the digital realm’s resilience and potential for growth. On the other side of the coin, traditional media channels continue their decline, except for the stalwart out-of-home advertising sector.

As with any great narrative, there are subplots. While the advertising recovery blankets many sectors, a few, like consumer technology and finance, still find themselves in the grip of decline. But this is not a harbinger of doom; it’s part of the industry’s ebb and flow.

Now, as we step back from the advertising canvas, we can’t help but notice a broader economic picture emerging. Goldman Sachs, a financial institution known for its keen insights, has been revising its predictions with remarkable frequency. In the latest chapter of their forecast, they’ve slashed the chances of a U.S. recession within the next 12 months from 20% to a mere 15%. It’s a significant pivot, especially when you consider that just a few months ago, the odds of a recession stood at a daunting 35%.

The chief economist of Goldman Sachs, Jan Hatzius, has exuded confidence in the Federal Reserve’s bold approach. The Fed, in its 18-month campaign, raised interest rates from near-zero to 5.5%, a bold move that sent inflation tumbling from a worrisome 9% to a more manageable 3%.

So, what’s the takeaway from this narrative? The advertising industry, much like the broader economy, is a complex ecosystem. It experiences highs and lows, and it adapts to changing circumstances. The data suggests that we’re not on the brink of an advertising recession. Instead, we’re witnessing a recalibration, a return to a more sustainable level of growth—a growth that advertisers and marketers can navigate with confidence. It’s a story of resilience, adaptability, and cautious optimism, reminding us that in the world of advertising, as in life, change is the only constant.

RethinkFirst Unveils Seasoned SaaS Marketing Executive to Chart a Vision for the Future of Behavioral Health

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RethinkFirst, a global health technology company at the forefront of the behavioral health industry, has made a strategic move that promises to reshape the landscape of their already groundbreaking mission. In a bold and visionary step, the firm announced today the appointment of Lorelei Lenzen Skillman as its Chief Marketing Officer, a decision that heralds a new era in data-driven behavioral health solutions.

With a career spanning more than 25 years, Lorelei Lenzen Skillman arrives at RethinkFirst with a formidable reputation as a marketing virtuoso. Her extensive experience includes an impressive track record of brand building and transformation through innovative marketing, demand generation, and communication programs. She now takes the reins to oversee marketing across all divisions of RethinkFirst, under the stewardship of CEO Daniel Etra.

RethinkFirst has achieved incredible growth in the past year. We now serve the eight largest school districts in the nation and 31 Fortune 100 companies, helping more than 14 million people globally live fulfilling lives through our behavioral health solutions,” said Etra. “Lorelei is a proven marketing innovator with remarkable experience scaling high-growth companies. Her unwavering commitment to the customer experience and record of generating notable bottom-line impact will help us deepen our existing customer relationships and extend our reach across the globe.

Lenzen Skillman’s resume is replete with notable achievements in the technology marketing sector. She most recently served as Chief Marketing and Communications Officer for Enfusion (NYSE: ENFN), where her tenure witnessed the company’s customer base growing by over three times, annual recurring revenue (ARR) surging by four times, and international operations contributing a substantial 38% to the revenue. Enfusion’s ascent culminated in its listing as a public company on the New York Stock Exchange.

Her prior appointments include senior marketing roles at renowned organizations such as EY (Ernst & Young), the New York Stock Exchange (NYSE), and BNY Mellon, among others. Such a distinguished career trajectory positions Lorelei Lenzen Skillman as a formidable force in the realm of technology marketing.

RethinkFirst is truly transforming the behavioral health landscape,” Lenzen Skillman exclaimed. “Our data-driven solutions address an unmet market need to improve outcomes for all individuals – including those with developmental disabilities like autism – across the home, school, clinic, and workplace. It is an honor to join RethinkFirst in its purpose-driven, neuro-affirming mission. I look forward to transforming and scaling our marketing approach as we seek to empower all individuals with behavioral health and wellness challenges and those who support them.

Lenzen Skillman’s academic background further underpins her excellence. She earned a bachelor’s degree in communications studies from the University of Iowa and a master’s degree in marketing communications from the Illinois Institute of Technology’s Stuart School of Business.

RethinkFirst, known for its comprehensive cloud-based treatment tools, training, and clinical support, caters to a diverse array of clients, including employers (RethinkCare), educators (RethinkEd), payors (RethinkFutures), and behavioral health professionals (RethinkBH). Their award-winning solutions, adopted by nearly one-third of the Fortune 100 companies, as well as a multitude of public-school systems and health plans across the country, incorporate evidence-based protocols, workflow automation, and advanced data analytics to drive meaningful clinical outcomes.

In the dawn of Lorelei Lenzen Skillman’s appointment as CMO, RethinkFirst stands at a pivotal crossroads. With a mission deeply rooted in providing empowerment and support for individuals with behavioral health challenges, RethinkFirst is poised for a remarkable journey ahead under the guidance of their new marketing maestro. It’s not just a company; it’s a movement for better mental health, and it seems that movement just gained some new momentum.

Lead Generator Faces Millions in Monetary Penalties for Allegedly Violating FTC’s Telemarketing Sales Rule

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On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the Telemarketing Sales Rule (TSR) by allegedly making millions of calls to telephone numbers on the National Do Not Call Registry.  The court also ruled that they violated the TSR by providing “substantial assistance” to a third-party marketing partner while allegedly knowing that the marketing partner was calling telephone numbers on the DNC registry.

The FTC alleges that Day Pacer purchased consumer lead data from third-party website form fills, and in turn sold the leads to edu partners after providing consumer telephone numbers to third-party companies that were paid to make the calls and transfer them to Day Pacer’s call center.  Allegedly numerous third-party websites contained job postings and appeared to job search related.  The FTC further alleges that Day Pacer also contracted with offshore affiliates in India and the Philippines.  If a consumer expressed interest in educational opportunities, Day Pacer allegedly sold the consumer information to institutional providers of for-profit, higher educational opportunities.

The FTC also alleges that the defendants made millions of telephone calls to numbers listed on the DNC Registry, failed to subscribe to the Registry, failed to scrub against numbers on the Registry, and received numerous complaints from consumers, website operators and lead purchasers.

The defendants argued that the Telemarketing Sales Rule is unconstitutional, that they did not offer to the alleged telephone call recipients any goods or services, and that the consumers that allegedly received telephone calls provided express consent to have their data transferred to the edu partners.

The court disagreed and granted partial summary judgment in favor of the FTC and against the lead generator companies making and purchasing calls, in addition to individuals – personally – that purportedly controlled and directed the activities (one of the owners passed away after the case was initiated and the FTC amended the complaint to name the decedent’s daughter as the administrator of the estate). 

The court opined that the defendants violated the TSR more than 4 million times.  It held, in pertinent part, that: (i) the enforcement lawsuit was authorized pursuant to the TSR and that the FTC was permitted to seek penalties for up to 5 years; (ii) the telephone calls were commercial in nature;  (iii) use of VoIP is not exempt from being considered telemarketing; (iv) the defendants were unable to provide proof of express consent to make the telephone calls to numbers on the DNC Registry; (v) consumers entered their personal information seeking job opportunities and not edu related opportunities; (vi) the defendants violated the TSR by assisting and facilitating its third-party marketing partners to make commercial telephone calls to numbers listed on the DNC Registry; and (vii) the defendants did not stop working with marketing partners despite receiving complaints about non-consensual telephone calls being placed to consumers listed on the DNC Registry.

The FTC is seeking injunctive relief and $28 million dollars in monetary penalties.  This case illustrates the importance of consulting with an FTC CID attorney prior to engaging in high-risk lead generation activities, including, but not limited to, telemarketing.  The FTC alleges that Day Pacer and EduTrek’s gross revenue during the years they allegedly violated the TSR total $28M.  Notably, that penalty amount is significantly less than then maximum statutory penalty for 4 million alleged TSR violations (in excess of $100 billion).

Takeaway:  Federal Trade Commission staff attorneys have been aggressively enforcing the TSR lately and the Day Pacer matter is the latest in what appears to be an FTC legal regulatory CID investigation and enforcement sweep.  The Telemarketing Sales Rule is intended to prohibit deceptive and abusive telemarketing activities.  In part, the TSR prohibits outbound telephone calls to numbers on the DNC without lawful, express consent of the existence of an established business relationship.  Importantly for lead generators and other digital marketers to know, the TSR also provides that it is illegal to provide “substantial assistance,” facilitation or support to sellers or telemarketers if one knows they are violating the TSR or remains deliberately ignorant of their actions.  This case also contains an eye-opening discussion pertaining to the use of VoIP and the applicability of the TSR thereto.  Individuals that direct, control, provide input, and know or reasonably should have known of unlawful conduct – including violations of the TSR – are potentially liable.  Only use leads (and ensure that third-party purchasers are using leads) for legitimate, reasonably expected purposes.  Cross-vertical data transfer and use is extremely dangerous.  Always engage a competent and experienced telemarketing compliance counsel in order to minimize corporate and personal liability exposure.

Richard B. Newman is an FTC advertising practices and regualtory defense attorney at Hinch Newman LLP. Follow him on Twitter @ FTC compliance and defense attorney

Informational purposes only. Not legal advice. May be considered attorney advertising.

Nandini Jammi: The Woman Who Cost Breitbart 90% of Its Ad Revenue and Exposed Pubmatic’s Support for Hate Speech and Disinformation

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Nandini Jammi is not your typical activist. She doesn’t march on the streets, hold up signs, or chant slogans.

She doesn’t even have a catchy name for her cause.

She just has a laptop, a Twitter account, and a mission: to stop the flow of money from advertisers to publishers of hate speech and disinformation.

Jammi is the co-founder of Check My Ads, a non-profit organization that helps brands regain control of their ad placements and avoid funding bad faith publishers. She is also the co-founder of Sleeping Giants, a grassroots movement that exposed how thousands of advertisers were unwittingly supporting Breitbart News, a far-right website that promotes white nationalism, misogyny, and conspiracy theories.

Jammi’s journey began in 2016, when she was working as a marketer for a tech startup. She visited Breitbart.com for the first time after the presidential election and was shocked by what she saw: a website full of hateful and divisive content, but also full of ads from reputable brands like Old Navy, Kellogg’s, and Nordstrom. She realized that these brands probably had no idea that their ads were running on Breitbart, because they were using Google Ads, a platform that automatically places ads on websites based on keywords and audience data.

She decided to do something about it. She wrote a Medium post urging marketers to stop running ads on Breitbart and teamed up with Matt Rivitz, a copywriter who had the same idea. Together, they launched Sleeping Giants, an anonymous Twitter account that alerted advertisers to their presence on Breitbart and asked them to block the website from their media buy. They also encouraged their followers to join the campaign and contact advertisers directly.

The campaign was a huge success. Within months, hundreds of brands dropped Breitbart from their ad inventory, costing the website millions of dollars in revenue and hampering its plans to expand internationally. Steve Bannon, the former executive chair of Breitbart and former chief strategist for Donald Trump, admitted in 2017 that Sleeping Giants had reduced Breitbart’s ad revenue by 90%. Jammi and Rivitz were hailed as heroes by many who saw them as fighting against the rise of fascism and misinformation in the digital age.

But Jammi soon realized that Breitbart was not the only problem. There were hundreds of other websites that were spreading hate speech and disinformation, often using sophisticated techniques to evade detection and accountability. These websites were not only harming democracy and society, but also exploiting advertisers and consumers by engaging in ad fraud, clickbait, and data theft. Jammi wanted to do more than just alert advertisers; she wanted to empower them to take action.

That’s why she founded Check My Ads in 2020 with her partner Claire Atkin, a former journalist and media strategist. Check My Ads is an organization that provides tools, resources, and education for advertisers to audit their own ad placements and block problematic publishers from their media buy. Jammi says that their mission is to keep money out of the hands of the biggest voices in disinformation, but their bigger goal is to bring transparency to the advertising ecosystem, so advertisers can gain control of their own ad placements again.

“We learned that the root of the problem is simple: advertisers don’t have access to their data. They can’t even check their ads because their vendors refuse to give them the information they need to protect their brands,” Jammi says. “So we started Check My Ads to help them get that data back.”

Jammi says that one of the biggest challenges they face is that many advertisers are unaware of where their ads are showing up or how they are being served. She says that most advertisers rely on third-party platforms like Google Ads or Facebook Ads to place their ads on websites based on keywords or audience data. But these platforms often have opaque policies and practices that make it hard for advertisers to know where their ads are actually running or how they are being targeted.

For example, Jammi says that Google Ads has a feature called “custom intent audiences” that allows advertisers to target users based on their search history or browsing behavior. But this feature also allows Google Ads to place ads on websites that are not related to the advertiser’s keywords or products. Jammi says that this feature is often abused by bad faith publishers who use misleading or sensational keywords to attract users and then serve them ads from unsuspecting advertisers.

Jammi says that this is how many advertisers end up running ads on websites like Breitbart or The Daily Wire, two conservative websites that have been accused of spreading hate speech and disinformation. She says that these websites often use keywords like “immigration”, “climate change”, or “vaccine” to lure users who are interested in these topics and then serve them ads from brands that have nothing to do with these issues.

Jammi says that this is not only unethical but also ineffective for advertisers who want to reach their target audience and build trust with their customers. She says that running ads on these websites can damage the brand’s reputation, alienate their customers, and waste their money.

“That’s why we help advertisers check their ads and block these websites from their media buy. We want to make sure that their ads are running on websites that align with their values and goals,” Jammi says.

Jammi says that Check My Ads has helped hundreds of advertisers audit their ad placements and block problematic publishers from their media buy. She says that they have also helped expose some of the worst offenders in the digital advertising industry, such as Pubmatic, an advertising network that she says is “militantly supportive of hate speech and disinformation in their inventory”.

Jammi says that Pubmatic is one of the main suppliers of ads for websites like Breitbart, The Daily Wire, The Gateway Pundit, and Newsmax, all of which have been accused of spreading hate speech and disinformation. She says that Pubmatic not only refuses to remove these websites from their inventory, but also actively defends them and attacks anyone who criticizes them.

Jammi says that she discovered that Pubmatic’s Director of Inventory Quality, who is responsible for deciding what websites are acceptable for their clients, is actually a supporter of the conspiracy theory that the COVID-19 vaccine is designed to harm, control, and even kill people. She says that she noticed that he retweeted an anti-masking tweet by a user whose name was “Pureblood”, a reference to the conspiracy theory.

“Obviously people are entitled to their beliefs, but it says a lot about Pubmatic’s priorities that they have kept him in charge of deciding what’s hate speech and disinformation on behalf of their clients. That’s a real failure to protect the client. But then again, there’s not a lot of integrity on their leadership team,” Jammi says.

Jammi says that she has contacted Pubmatic several times to ask them to remove these websites from their inventory, but they have ignored or dismissed her requests. She says that she has also contacted some of Pubmatic’s clients, such as Yahoo, Verizon, and AT&T, to alert them to the issue and ask them to pressure Pubmatic to change their policies. She says that some of them have been responsive and cooperative, while others have been indifferent or hostile.

Jammi says that one of the most satisfying moments of her work was when she convinced Yahoo to remove Glenn Beck ads from their inventory. She says that Glenn Beck is a conservative commentator who has been accused of spreading hate speech and disinformation on his website and podcast. She says that she noticed that Yahoo was running ads for Glenn Beck on their homepage and other sections of their website. She says that she contacted Yahoo’s ads team and asked them to review and remove Glenn Beck from their inventory in accordance with their supply policy.

“It wasn’t hard. Yahoo’s ads team has been very responsive to us, and I respect them for reviewing and removing Glenn Beck from their inventory in accordance with their supply policy,” Jammi says.

Jammi says that she hopes that more advertisers will follow Yahoo’s example and take action to protect their brands from being associated with hate speech and disinformation. She says that she believes that advertisers have the power and the responsibility to shape the digital media landscape by choosing where they spend their money. She says that she wants to help them make informed and ethical decisions that will benefit not only their business but also society.

“We are living in a time when hate speech and disinformation are rampant online and offline. They are fueling violence, division, and distrust in our society. They are undermining our democracy and our humanity. We can’t afford to ignore them or enable them,” Jammi says.

“That’s why we need advertisers to step up and take a stand against them. We need advertisers to check their ads and block problematic publishers from their media buy. We need advertisers to demand transparency and accountability from their vendors. We need advertisers to support quality journalism and independent media that inform and empower people.”

“We need advertisers to be part of the solution, not part of the problem.”

Jammi also shares some insights into the psychology of persuasion and how she applies it in her work. She says that when she was a marketing newbie, she came across a mountain-shaped diagram called “Breaking down the A, Building up the B.” It showed that persuasion is a progression that requires breaking down existing beliefs and introducing something to replace them with.

“It’s really that simple. I think about that model every single day. You can use it to sell toothpaste. You can use it to run a successful disinformation operation. You can also use it to change the world for the better,” Jammi says.

She says that in her case, it’s not enough to fight against something or dismantle the disinformation economy, as they have described their mission in the last year. She says that they need to start imagining an alternative to this mess, so people have something to get excited about moving towards something better.

“We’re all realizing that A isn’t working for us. But what is B? That’s what I’m thinking about a lot these days.”

Data, Dance, and Daring Campaigns: Erin Levzow’s Approach to Building Loyalty

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How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing Genius Every so often, a guest comes along who doesn’t just raise the bar—they throw it into orbit. Erin Levzow is one of those guests. From the moment she joined The ADOTAT Show, it was clear we were in the presence of brilliance. Erin is a marketing powerhouse, blending emotional intelligence with razor-sharp strategy, all wrapped in a package of humor, humility, and dazzling storytelling. She’s the...

Streaming’s Big Lie: The Future of TV Is Already Broke

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Streaming was supposed to be the savior of TV—the rebellious new kid with no commercials, endless content, and an open bar of binge-worthy dopamine hits. But, as Doug Shapiro’s sharp, no-BS research reveals, the revolution is out of cash and looking for a loan. Streaming doesn’t just monetize less—it barely monetizes at all. For every streaming dollar generated, old-school pay TV is making it rain with three dollars in subscriber fees and seven dollars...

How to Narrow the Scope of Information Sought by an FTC Civil Investigative Demand (CID)

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A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations.  CIDs may require the production of documents - including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions. A CID must state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to...

Did Your Company Receive a Letter From the FTC?  FTC Warning Letters and Notices of Penalty Offense

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Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations. What is an FTC Warning Letter? Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that they can face serious legal consequences, such as a federal investigation or lawsuit, if they do not immediately stop. ...

The Good, the Bad, and the SPO-ly

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The Hidden Flaws Behind Ad Tech’s Favorite Buzzword. Supply Path Optimization (SPO) is my love-hate relationship in ad tech personified. It’s the reason I fell for this industry’s maddening brilliance—and why it sometimes feels like a bad rom-com where no one learns their lesson. At its core, SPO promises efficiency, transparency, and accountability, and when it works, it’s like watching a Rube Goldberg machine perform flawlessly. But when it doesn’t—and let’s be honest, that’s most...