I’ve been doing the exchange game for a long time: I helped build the rightmedia network, which was sold to yahoo, built the Luna Network sold to Google, and even worked on the DoubleClick Exchange, EngageBDR and a bunch others. I’ve seen the technology come and go, seen exchanged turn to programmatic, seen site-specific buys come and go – and then come and go again.

It’s been a weird, long journey. So, I ask myself now, is Programmatic good for the industry? Is is it bad for advertisers? I want to examine this in a two part piece, start with the negative of the programmatic industry, the faults and what needs to be changed – and then Monday will be going into some of the benefits and forwarding thinking of programmatic.

It seems like these days, everything is automated. You can order your groceries online and have them delivered to your door without ever setting foot in a store. You can schedule your car to pick you up and drop you off without ever touching the steering wheel. So it should come as no surprise that programmatic advertising is huge. Programmatic media buying utilizing data insights and algorithms to serve ads to the right user at the right time, and at the right price. In other words, it takes the guesswork out of advertising. And if there’s one thing that CMOs love, it’s data-driven decision making.

Oh, programmatic. What could have been. We were all so excited about the potential of this new form of advertising. Finally, we would be able to deliver targeted ads to our audience at lightning speed, and we wouldn’t have to rely on those pesky humans to do it!

But, alas, it was not meant to be. As the industry has matured, the experts have noticed some serious failing of programmatic, and why it doesn’t work as well as the pundits predicted. Here are three big reasons why programmatic is failing us.

1. Lack of Quality Inventory
   To understand why this is such a big problem, you first need to understand how programmatic ad buying works. Advertisers use software to place bids on ad inventory that they want to buy. This inventory is then bought and sold in real-time through programmatic exchanges. The problem is that the vast majority of these exchanges are filled with low-quality inventory, such as pop-ups, clickbait articles, and other non-premium placements. Only a few exchanges like Google have access to the best sites.
   
   In order for programmatic ad buying to work, advertisers need access to high-quality ad placements on popular websites. However, many website owners are still reluctant to give up control of their ad space to automated systems other than Google and a few large networks. As a result, the pool of available quality inventory is very small, and it’s only getting smaller as more and more advertisers move into the programmatic space.
   
   The biggest problem with programmatic ad buying is that it’s effectively a blind auction. Advertisers don’t know which websites their ads will end up on, and they have no control over the user experience surrounding their ads. As a result, there’s a growing disconnect between what advertisers want and what they’re actually getting.
   
   This lack of quality inventory is causing some advertisers to move away from programmatic ad buying altogether. These companies are instead opting for traditional methods of buying ad space, such as direct deals with publishers.. While these methods may be more expensive, they offer guarantee access to premium inventory that programmatic exchanges simply cannot match.
   
2. Fraudulent Activity
   Fraudulent activity is a huge problem in the programmatic space. Since programmatic buying relies on complex algorithms to make real-time decisions, it’s easy for bad actors to take advantage of the system. For example, botnets can mimic human behavior and trick advertisers into thinking they’re getting valuable impressions when in reality they’re just wasting their money.
   Anti-fraud solutions do exist, but they’re not perfect. In most cases, they only catch a small percentage of fraudsters while also flagging many legitimate impressions as fraudulent. This creates a big problem for advertisers who are trying to reach their target audiences through programmatic channels.
   
3. Viewability is Horrible on Programmatic. CMOs, are you aware of the viewability issue in programmatic advertising? If not, you should be. Briefly, viewability refers to the fact that ads are sometimes displayed on websites in a way that human consumers never see them. In the worst cases, the HTML code of the website renders the ads underneath the website’s actual content to generate impressions without a consumer ever seeing the ad. Google estimates that only 46% of online banner ads are actually viewable by consumers. That means that for every $100 you’re spending on programmatic ads, nearly $54 is going to wasted impressions.
   
   So what can be done about this issue? One potential solution is for ad buyers to only purchase inventory from publishers that guarantee a certain level of viewability. However, this approach has its own set of challenges. For one thing, it’s difficult to find publishers who are willing to make such a guarantee. For another, even if you do find a publisher who’s willing to make the guarantee, there’s no guarantee (no pun intended) that they’ll be able to deliver on it.
   
   Another potential solution is for ad buyers to work with Demand Side Platforms (DSPs) that have technology in place to measure viewability and only purchase inventory that meets a certain viewability threshold. This approach has its own set of challenges as well. For one thing, not all DSPs have this technology in place yet. For another, even if a DSP does have the technology in place, they may not be sharing data about viewability with their customers (for reasons we’ll get into later).
   
4. Lack of Real Transparency. Another issue wreaking havoc in the programmatic ecosystem and having a counterproductive effect is transparency, or rather, a lack thereof, and according to a recent AOL study, it is an issue that brand executives place as the number-one challenge facing programmatic buying. In short, there is a big disconnect between what brand executives want from their programmatic buying experiences and what they are actually getting. And the main area where this disconnect manifests itself is in the issue of transparency. This lack of transparency is preventing brands from getting the full value out of their programmatic spend and is thus becoming a bigger and bigger problem.
   
   This is weird to me, because in 2006, when I was buying media on the RightMedia exchange, this was just as much as a problem. Networks, many of them still around today under the same or different names (many change names every 5 years to get away from bad reputation) are still around. Those same networks that cheated everyone in 2005,2006 are still pushing the same bad inventory into the ecosystem. No, really — I see some of the same exact people who were exposed as huge scammers placing their newest scams on the ecosystem daily.
   
   Transparency matters for a number of reasons. First, it allows brands to understand where their ad dollars are going. This is important because it allows brands to hold their programmatic partners accountable for results. Second, transparency helps brands avoid ad fraud. Ad fraud is a big problem in the programmatic ecosystem and it can have a very negative impact on campaigns. By being transparent about where their ads are being placed, brands can avoid sites that are known for ad fraud. Third, transparency helps brands improve the effectiveness of their campaigns. If brands know where their ads are being placed, they can make sure that they are being placed on sites that are relevant to their target audiences.
   
   The bottom line is this: transparency is important for the health of the programmatic ecosystem. Without it, brands will continue to be frustrated with their programmatic buying experiences and will eventually move away from this form of advertising altogether. This would be a shame because, when done correctly, programmatic buying can be an incredibly effective way to reach and engage with customers.
   
5. All the Vanity Metrics are a Bit of a Joke. In the programmatic marketplace, it has become seemingly easy for publishers to game metrics such as click-through rates and view-through conversions. As a result, many in the industry have begun to take these “vanity metrics” with a grain of salt. In this blog post, we’ll take a closer look at some of the most commonly gamed vanity metrics and explain why they shouldn’t be given too much weight.
   
   Vanity Metric #1: Click-Through Rates
   Click-through rate (CTR) is a metric that measures how often people who see your ad end up clicking on it. A high CTR is generally seen as a good thing, as it means that your ad is relevant and enticing enough to get people to click. However, CTR can be easily inflated by publishers who use low-quality traffic sources or engage in other forms of click fraud. As a result, CTR should not be used as the sole indicator of an ad’s success.
   Vanity Metric #2: View-Through Conversions
   View-through conversion (VTC) is a metric that measures how often people who see your ad end up taking an desired action, such as making a purchase or signing up for a newsletter. VTC is often seen as a more reliable metric than CTR because it captures actual conversions rather than just clicks. However, VTC can also be inflated by publishers who use low-quality traffic sources or engage in other forms of fraud. As a result, VTC should not be used as the sole indicator of an ad’s success. This is highly useful, but often I wonder if it’s just another form of cookie stuffing.
   
   So what can be done? We believe that the industry must take a step back and reevaluate how it approaches programmatic. There are many ways to make the buying process more transparent and efficient for both buyers and sellers. This will require cooperation from all stakeholders, but we believe it is possible. What do you think? Is there anything you’d like to add? Let us know in the comments below!

Traditional TV advertising is becoming increasingly expensive, and many companies are struggling to justify the cost. CTV advertising offers a more budget-friendly alternative that can still provide significant exposure. While the CTV market is growing, it remains relatively untapped, providing opportunities for early adopters. In addition, CTV allows you to target specific demographics more effectively than traditional TV. As a result, it is an excellent option for companies looking to get the most bang for their advertising buck.

CTV and over-the-top (OTT) are not the same thing, though they are often referred to as synonymous. CTV is a television or internet-connected device that enables viewers to access content through applications, some of which may come preinstalled on a TV. Unlike linear TV, CTV includes smart TVs, streaming devices like Roku, TiVo, and Apple TV, as well as gaming consoles like PlayStation and Xbox. OTT refers to the delivery of content via the internet without the need for a traditional cable or satellite subscription.

 This means that viewers can watch OTT content on any internet-connected device, including laptops, smartphones, and tablets. While CTV and OTT are both growing in popularity, there are some key differences between the two. For one, CTV is typically viewed on a larger screen than OTT content. Additionally, CTV offers a more immersive viewing experience with access to features like pause, rewind, and fast-forward.

CTV Is Fraud Free. Unfortunately, however, that is not the case and in fact, CTV is a target for fraud. It is particularly attractive to fraudsters as a result of high CPMs (cost per thousand impressions or ‘mile’). In addition, CTV demand outstrips supply and advertisers are flocking to buy programmatically, which introduces new risks not present in direct buys.

Within the last year there have been numerous cases of fraudsters creating lookalike domains to popular streaming apps like HULU, ESPN and others in order to dupe ad tech platforms into thinking they are real. Once an ad tech platform has been tricked into thinking a domain is real, the fraudster can then fill it with all sorts of bogus content and serve up ads against it to generate revenue. This type of fraud is known as ‘domain spoofing’ and it is one of the most common types of CTV ad fraud. 

Fraudsters are also resorting to more sophisticated techniques like ‘pixel stuffing’ wherein they insert hidden pixels into video streams that go undetected by humans but can be counted by ad tech platforms as viewable impressions. These fraudulent impressions can then be sold programmatically at a premium to unsuspecting advertisers.

CTV uses Server-Side Ad Insertion (SSAI), which stitches the ad within the content being streamed, giving viewers a seamless viewing experience (read: no buffering). However, it makes it increasingly more difficult to detect fraud. For example, if an ad is inserted into a stream that is then viewed by a bot, the advertiser will be charged for the view even though the user never saw the ad.

All CTV Inventory is the Same. When it comes to online advertising, there’s a lot of talk about inventory. In the simplest terms, inventory is just the space on a website where ads can be placed. And programmatic inventory is inventory that’s bought and sold using automated processes. Currently, most programmatic inventory is bought through private marketplace deals directly with publishers. This is done in order to avoid running into inventory that’s likely to be fraudulent. But that means that the leftover inventory that’s bought programmatically through the Open Exchange is perceived to be lower in quality because it has a higher risk for fraud.

However, TV networks and streaming-only sellers like Amazon, Roku and streaming pay-TV provider FuboTV make their top-shelf CTV inventory available for programmatic purchase. Usually, this takes the form of programmatic guaranteed (PG) and private marketplace (PMP) deals so sellers can maintain some scarcity and not open themselves up to the lowest bidder in the programmatic open. And that’s good news for both buyers and sellers of TV advertising. By making their inventory available for programmatic purchase, TV networks and streaming providers are opening up a whole new world of opportunities for themselves. Not only can they sell more advertising inventory, but they can also do so at higher prices. And that’s good news for everyone involved in the TV ecosystem.

CTV Audiences are the Same: When I hear someone say that they don’t want to advertise on CTV because “it’s only for millennials” I can’t help but laugh. Because nearly every new TV is a smart TV and most of them require an internet connection the second you turn them on- something even the non-techie person can likely accomplish. Most of the CTV options are built right in. So when someone says that advertising on CTV wouldn’t reach their target market- I say they’re wrong. Plain and simple. CTV is for everyone. And that’s why it’s such an effective way to reach your target market, no matter who they are.

According to MediaPost, “among U.S. CTV consumers, the median age is 45.” In other words, CTV isn’t just for young people – it’s for anyone who wants to enjoy the advantages of streaming television. A recent article from eMarketer’s Insider Intelligence shows that four in 10 US seniors are also CTV users. That’s right: your grandparents are probably watching more CTV than you are. 

So why are seniors so into CTV? Well, there are a few reasons. First of all, CTV is incredibly convenient. Seniors can watch their favorite shows without having to leave the comfort of their homes. Additionally, CTV is much cheaper than traditional cable TV, which is ideal for budget-conscious seniors. Finally, CTV provides a level of flexibility that older adults appreciate. They can watch what they want, when they want, and they don’t have to deal with commercials.

CTV Is Super Expensive When it comes to connected TV (CTV), many advertisers believe that it is an expensive platform compared to other options like digital or traditional television. However, our findings show that CTV has one of the highest completion rates out there.

In fact, according to a study by Advertiser Perceptions, CTV had a 95% completion rate in Q2 2018, compared to just 66% for desktop and 72% for mobile. And when you compare CTV’s cost-per-thousand impressions (CPM) to other digital platforms, CTV is actually cheaper on average.

So why is CTV so successful? There are several reasons. First, viewers are more engaged with CTV ads than with other forms of advertising. In fact, according to Nielsen, people are 11% more likely to remember an ad they saw on CTV than on traditional television.

Second, CTV offers a more immersive experience than other digital platforms. With no banner ads or pop-ups, viewers are less likely to be distracted from the ad they’re watching. And finally, because CTV viewership is growing rapidly, brands have an opportunity to reach a large and engaged audience at a relatively low cost.

So if your KPI is the headline CPM, then it could be deemed expensive, but studies show that connected TV has one of the highest completion rates out there. So don’t be afraid to invest in this growing platform – it could be the key to reaching your target audience.

While it is clear that CTV advertising still has a lot of room to grow, we should not buy into the fake news about it and ignore the myths. There is a lot of good reason to advertise on CTV – from its growing viewership numbers to its ad capabilities. What do you think? Are you convinced that now is the time to start advertising on CTV? Let us know in the comments on LinkedIn

As more and more companies move towards automated customer service, it’s important to remember the importance of conversation marketing. This term is used for all of the interactions made one-on-one between customers and the company in real-time. This type of marketing is pretty straightforward as it requires a direct connection between the consumer and the company that is seldom made through various channels.

For years, we’ve stopped listening to our customers. Instead of speaking with them about their problems, we’ve been talking at them. This approach to marketing no longer works today as preferences are changing faster than ever. We need to start listening to our customers again if we want to stay ahead of the curve. We need to understand their needs and wants, and we need to be able to speak to them in a way that resonates. Only then will we be able to win their business – and their loyalty.

• Seventy-one percent of customers expect businesses to deliver personalized interactions, and 76% become frustrated when this doesn’t happen, according to McKinsey.
• Companies that excel at personalization generate 40% more revenue from those activities than average.
• Conversational marketing helps 50.7% of companies respond more quickly.
• Nearly eight in 10 businesses say they’ve experienced positive growth in sales, revenue, and customer loyalty as a result of live chat services.

The beauty of conversational marketing is that it allows for a personal touch that can often be lacking in automated customer service. As a result, this type of marketing can be a powerful tool for building relationships with customers and creating loyalty.

If you’re like most people, you probably think that conversational marketing and inbound marketing are the same thing. But the truth is, they’re actually quite different.

Inbound marketing is all about attracting your target audience through channels they already enjoy, such as social media or blog posts. On the other hand, conversational marketing is the process of engaging potential customers in real-time conversations, usually through live chat.

Marketing is all about creating relationships with your customers. And what better way to create a relationship than through conversation?

You can use various tools to facilitate conversational marketing, including chatbots, live chat, messaging apps, email and voice searches. Chatbots are great for automating personalized conversations, while live chat allows you to have real-time interactions with your customers. Messaging apps are perfect for sending one-to-one messages, and email is still a powerful tool for building relationships. Voice search is becoming increasingly popular, and it’s a great way to connect with your customers on a personal level. So whatever tools you use, make sure you’re creating opportunities for personalized conversations with your customers.

So what makes conversational marketing so effective?

1) Believe it or not, there was a time when people had to communicate with businesses during business hours. If you wanted to talk to a company about your product, you had to wait until they were open. But thanks to chatbot technology, that’s no longer the case. Chatbots allow customers to communicate with businesses on their own schedule, without having to wait for business hours. That’s pretty convenient, and it’s one of the reasons why chatbot technology is so important. In addition to being available when your customers are, chatbots also make it easy for customers to get the information they need. With just a few clicks, they can get answers to their questions and resolve their issues. And because chatbots are automated, they can provide those answers 24/7. That’s why chatbot technology is so important – it allows businesses to be there for their customers when they need them the most.

2) It’s awesome for nurturing leads. For too long, chatbots have been relegated to the dusty corners of the internet, used only for customer service and troubleshooting. But it’s time to give them a second chance! Chat are perfect for providing relevant content to help nurture leads down your marketing funnel. For example, if a contact has downloaded a top-of-the-funnel offer, the chatbot can suggest middle-of-the-funnel content to complement it and help move the lead further down the funnel. Chatbots are also great for quickly delivering timely content such as blog posts, infographics, ebooks, and more. So if you’re looking for a new way to deliver content to your leads and customers, don’t sleep on chatbots – they might just be the perfect solution.

Inbound marketing is all about giving users the ability to segment themselves. And what better way to do that than with a chatbot? Chatbots allow users to self-select where they are in the buyer’s journey, which provides the chatbot with the context it needs to offer relevant content. Giving users the ability to segment themselves in this way puts them in control of their journey, making conversational marketing inherently inbound. But that’s not all! Chatbots also have the ability tooffer personalized content, based on the user’s individual needs. This makes conversational marketing even more effective, as it ensures that users always receive relevant and useful information.

3. Best Way to Help with Cart Abandonment. There’s nothing worse than an abandoned cart. You’ve worked so hard to get a customer interested in your product, and then they just walk away without completing the purchase. It’s frustrating, but there is a way to reduce abandoned carts. A conversational approach is perhaps the single smartest way to turn a dumped cart into a fully-converted one. Instead of giving customers canned, one-way messages, you’re giving them a chance to voice their concerns. Plus your brand gets the chance to respond in real-time and get the result you want.

Sure, it takes a little more effort than setting up an automated email campaign (which also is a good idea). But it’s worth it when you consider the potential payoff. So next time you’re looking to boost your conversion rate, think about having a conversation with your customers instead of talking at them. It just might be the key to success.

4. When it comes to upselling and cross-selling, conversational marketing is the key to success. Through conversational marketing, you can better understand your customers and what they’re interested in. This understanding allows you to present them with more of your offerings at a time, and in a way that makes sense to them. Conversation data also enriches your understanding of the customer, providing opportunities for targeted marketing at a later date. With this data, you can identify when a customer is most likely to be interested in a particular product or service, and market to them accordingly. Overall, conversational marketing is an essential tool for upselling and cross-selling. By using it effectively, you can increase your sales and grow your business.

5. The human touch is one of the most important aspects of marketing. It establishes a connection with the customer and makes them feel valued. Conversational marketing provides this human touch by using artificial intelligence (AI) to create personal interactions with customers.

This means that customers can get help when they need it, and they can feel like they’re being greeted by a real person. This personal connection is what sets conversational marketing apart from other forms of marketing.

It’s important to note that not all conversational marketing is done through AI. Human interaction is still an important part of the process, and it’s something that can’t be replaced by AI. However, AI can be used to enhance human interaction, making it more personal and valuable for the customer.

It’s clear that conversational marketing is on the rise, and for good reason. Focusing on building conversations with customers is a sound strategy because it works. What do you think? Is your business using conversational marketing to its fullest potential? If not, consider making the switch – you may be surprised at how well it performs.

There’s no doubt that online video is booming. By 2019, it’s expected to generate 15.4 billion in spend and hog 80% of all internet traffic. The reason, Eric Wheeler says in a blog post for ClickZ, is video’s ability to “cut through the clutter and engage target audiences.”

And as we know, engagement is key when it comes to advertising. Outstream ads, which are videos that play in a separate window outside of the main content area, are one of the most effective ways to achieve it.

Outstream ads are the new kids on the block. These are videos that appear in non-video environments – mainly text-based content, like articles. They are videos or images that are placed outside of the traditional online media spaces, such as websites and social media platforms. Outstream ads are generally used to reach consumers on mobile devices, as they are more likely to be engaged with video content in that environment.

Despite the fact that they’re a newer advertising medium, outstream ads have quickly become one of the most popular and effective ways to reach consumers. In fact, according to a study by Mixpo, outstream videos drove an average click-through rate (CTR) of 0.35%, compared to 0.15% for traditional display ads.

That’s because outstream videos are a great way to capture attention and create a more engaging experience for users. They can help break up long blocks of text and add some visual interest, which can make it more likely that people will stick around and read the article they’re embedded in.

Outstream ads are a great way to get your videos in front of more people, and they can also be used to target people who might not have seen your videos before. Outstream ads are shown in places where people wouldn’t normally expect to see ads, such as on websites, in apps, and in social media feeds. Outstream ads can also be used to retarget people who have already seen your instream ads.

Outstream ads are video or display ads that appear on web pages outside of video players. Because outstream ads don’t interrupt or compete with the video content, they offer a less intrusive ad experience for users. Outstream ads also provide an opportunity for brands to reach engaged viewers with high-quality video content.

According to Google, Outstream ads are typically “silent” videos that play before, after, or during other videos on websites or social media platforms. One of the most common examples of outstream advertising is the “autoplay” video ad that Facebook users often see as they scroll through their newsfeed. These ads begin playing automatically without sound, and many people simply scroll right past them without paying much attention.

Outstream ads are a form of advertising that doesn’t interrupt or impose on the user’s experience. They slot into the places usually reserved for banner ads, and users can simply scroll past if they aren’t interested. If they are interested, then they make the choice to watch. They even decide whether they want to listen to the audio or not. This makes for a more positive customer experience and also means your video views aren’t wasted.

One popular way to use them is as interstitials.Interstitials are videos that play before or after another video. They are often used to promote a product or service, and they can be very effective at getting attention. In fact, a recent study by AOL found that outstream video ads drove a 2x increase in purchase intent compared to traditional display ads.

Another common way to use outstream ads is as native videos. Native videos are videos that are embedded in the content of a website or social media platform. They look like regular content, but they have an ad embedded in them. This can be a great way to get people’s attention without interrupting their experience.

Finally, outstream ads can also be used as in-feed videos. In-feed videos are videos that are placed in the regular flow of content on a website or social media platform. They typically play automatically, which can be a great way to get people’s attention.

Paul Muret, Google’s Director of Display and Video Advertising, spoke about the importance of integrating ads into content at the DoubleClick Leadership Summit in July. If ads do not integrate well it can lead to ad blindness, or worse annoyance, and ad blocking. But with outstream video ads, you can publish video ads in all kinds of content, like editorial pieces for example. You can also publish them natively, which works toward solving the problem of ad blindness.

Outstream video ads are a great way to produce results for your brand. They provide an immersive experience that engages the viewer and can lead to better conversions than other ad units. What’s more, outstream ads are only going to become more popular as time goes on, so it’s important to get ahead of the curve now. Have you tried using outstream video ads in your marketing? If not, what’s stopping you?

            Providers beware.

            The Federal Trade Commission and state attorneys general continue to aggressive investigate and enforce legal regulations relating to offers for business coaching services and work-at-home opportunities.

            Without a doubt, there are various red flags that will almost always draw the attention of regulatory agencies.  For example:

• Express or implied representations about guaranteed income
• Express or implied representations about large returns
• Express or implied representations about a “proven system”
• Express or implied representations about depositing checks
• Statements about being your boss
• Statements about learning from experts, coaches or mentors
• Misleading consumers about the experience of “coaches,” “experts” or “mentors,” and/or misleading consumers about them when they are really just commissioned salespeople
• Statements about making money with little time, effort or experience
• Statements concerning recruiting more people to make big money
• Claims that a detailed understanding of the business is not required
• Free or low-cost “systems” to get a business started that eventually turn into significant expenditures
• Promises that are not delivered upon
• Tiered memberships with different service levels and price points
• Failing to make material disclosures, up-front, such as costs and/or that buyers will have to work a lot of hours without pay 
• Informing consumers, after they pay, that in order to succeed they will have to pay more for additional services

            Leading consumers to believe that they will be provided with useful, valuable and/or proprietary business information to help them earn money that is – in reality – freely available online can also land promoters in hot water.  

            If a significant number of consumers that have enrolled in such programs have not, in fact, achieved a functional online business or earned revenue (winding up in debt), state and/or federal regulators may be very interested.

            Also, beware of the Business Opportunity Rule

            The FTC’s Business Opportunity Rule requires those that offer commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a required payment, and the seller – expressly or by implication – makes certain kinds of claims.  For example, opportunities where a seller says it will help the buyer set up or run the business.

            Also, various states have their own legal regulations that govern coaching services and work-at-home business opportunities.  Always disclose the total cost of a work-at-home program, including supplies, equipment and membership fees.  Never disregard the assessment of whether various state laws may apply because they may have their own requirements, such as registration and disclosures.

            Consult an FTC CID lawyer in order to determine if the Business Opportunity Rule applies to the offer that you are promoting.  If the offer does, in fact, fall within the BOR, the buyer must be provided with a Disclosure Document within seven days of a buyer signing a contract or pays any money for the business opportunity.

            The Disclosure Document is a standard form, and must provide the company name, business address, phone number, the sales person’s name and the date the document was provided to the prospective buyer.  The Disclosure Document must also disclose whether the  company or certain key personnel have been the subject of civil or criminal actions involving misrepresentation, fraud, violation of the securities laws, or any unfair or deceptive practices – including violation of any FTC rule – within the past ten years.  If the answer is yes, the seller must attach a list of the actions to the Disclosure Document.

            The Disclosure Document must also address any cancellation or refund policy.  If the seller has a cancellation or refund policy, a description must be attached to the Disclosure Document.

            The seller is also required to provide contact information for at least ten people that have purchased a business opportunity from the seller.  If more than ten people have purchased a business opportunity, the seller may list the ten that live closest to the prospective buyer.  If fewer than ten people have purchased one, the seller must list everyone.  The seller must update the list every month, until ten people have purchased. 

            The Disclosure Document must also say clearly and conspicuously: “If you buy a business opportunity from the seller, your contact information can be disclosed in the future to other buyers.”  The prospective buyer has to sign, date and return the Disclosure Document to the  seller, and the seller must ensure that it has attached any other documents required by the Business Opportunity Rule.  The Disclosure Document must be updated quarterly and if a business opportunity is marketed in a language other than English, the Disclosure Document – along with the required disclosures – must be in that language.

            Beware of earnings claims.

            If a seller makes express or implied claims about how much money a person can earn from a business opportunity, the seller is required to put the claim(s) in writing.  It is unlawful to make earnings claims unless there exists reasonable evidence that substantiate such representations.  The  seller is required to make such materials available to a prospective buyer or to the FTC if they are requested.

            Importantly, if a seller makes an express or implied earnings claim, it must provide the prospective a separate document that clearly says across the top EARNINGS CLAIM STATEMENT REQUIRED BY LAW.  The Earnings Claim Statement must set forth who is making the claim and the date, the specifics of the claim, the start and end date the purported earnings were achieved, the number and percentage of buyers that got at least that result, any information about the buyers that got those results that might vary from prospective buyers (e.g., where they are located) and a statement that prospective buyers can get written proof for the earnings claims if requested.

            Additionally, for earnings claims made online, on TV, in newspapers or in other media, the seller must possess written proof on hand that supports the representations and has to disclose certain information when the claim is made.  For example, the start and end date the earnings were achieved and the number and percentage of purchasers that obtained at least that result. 

            General statements about earnings or statistics must be capable of being appropriately substantiated.  Also, if information previously provided by a seller to a prospective buyer in the Earnings Claim Statement substantively changes, the seller is obligated to let the prospective buyer know what those changes are, in writing, before the prospective buyer signs a contract or pays any money.  Like the Disclosure Document, if a seller promotes a business opportunity in a language other than English, the Earnings Claim Statement has to be in that language, too.

            If a prospective buyer is told something in person, in an email, over the phone, or in any other advertisement or promotion, the seller should ensure that the foregoing do not contradict what is stated in written disclosures, including the Disclosure Document and the Earnings Claim Statement.

            The Business Opportunity Rule also requires a seller to keep certain records and make them available to the FTC for three years.  For example and without limitation, each buyer’s signed disclosure receipt, all executed written contracts and substantiation supporting earnings claims.

            Earnings claims are a regulatory favorite.  Beware of testimonials as they can easily constitute unsubstantiated express or implied representations.  An experienced FTC compliance lawyer can assist promoters of coaching services and work-at-home opportunities with ensuring that the use of testimonials do not violate applicable legal regulations.

            It is unlawful to deceive people expressly or by implication.  And, even if what a business opportunity seller says something that is literally truthful, it still could be deceptive in context.  For example, a claim can be misleading if relevant information is omitted or if the claim implies something that is not true.  

            Beware of the Telemarketing Sales Rule

            Regulatory agencies have demonstrated that they will also aggressively pursue violations of the Telemarketing Sale Rule.  Note that TSR violations come with significant monetary penalties.

Takeaway:  The Federal Trade Commission and state attorneys general have been extremely aggressive when it comes to marketers that offer business coaching and work-at-home programs.   Particularly, those that promise a great living by working from home, with little effort.  Consult an experienced FTC CID attorney to ensure compliance with applicable federal and state legal regulations.

Richard B. Newman is an FTC CID lawyer at Hinch Newman LLP.

Attorney advertising. Informational purposes only. Not legal advice.

UTM codes are snippets of code that are attached to the end of a URL. UTM codes are also used to pinpoint specific sources of traffic to a website. At minimum, UTM codes include a traffic source, medium, and campaign name. UTMs can be used to track email campaigns, paid ads, social media posts, and more.

To create a UTM code, you’ll need three pieces of information: the traffic source, medium, and campaign name. You can track any of these three pieces of information separately or together. The most common way to use UTMs is to track traffic sources and mediums together. For example, if you’re running a Facebook ad campaign, you would track the traffic source as Facebook and the medium as paid advertising.

Here’s an example of a UTM code:
https://www.example.com/page?utm_source=facebook&utm_medium=paid_advertising

The code above would tell you that the traffic for that page came from Facebook and was generated through paid advertising. You can also use UTMs to track clicks on specific links. For example, if you have a landing page that you want to track specifically, you can add a UTM code to the link that points to the landing page. This will help you gauge how successful your landing page is at converting visitors into leads or customers.

To create a UTM code for a link, use this format:
https://www.example.com/page?utm_source=facebook&utm_medium=paid_advertising&utm_campaign=landing_page

The code above would tell you that the traffic for that page came from Facebook, was generated through paid advertising, and was for your landing page campaign.

To create a UTM code, you’ll need to use a URL builder. This is a free online tool that makes it easy to create UTM codes. You’ll need to input the following information into the URL builder:

-The website’s URL
-The campaign name
-The source
-The medium
-The content
-The term

If the reports are true, it would seem that Comcast is interested in acquiring Vizio, a U.S.-based smart TV company. This would be a significant move for the company, as it looks to augment its smart TV strategy.  

According to Protocol, Comcast spoke to Vizio last year, and again earlier in 2022. The report says that Comcast has also conducted M&A discussions with TP Vision, the Amsterdam-based manufacturer that markets smart TVs under the Philips brand. TP Vision also has a presence in North America, and this could be an attractive proposition for Comcast.  

This comes just after Comcast and Charter Communications announced a new joint venture that will see the two companies team up to create a new streaming distribution business. The new business will be based on Comcast’s current Flex platform and hardware business, and will include Comcast’s XClass TV retail operations. The new venture will help Comcast to expand its reach into the streaming market and provide it with a larger customer base for its XClass TV products.

It also provides Charter with an opportunity to enter the streaming market without having to build its own infrastructure.  When it comes to acquisitions, Comcast’s chairman and CEO Brian Roberts is very selective. In a recent interview, Roberts reiterated that the bar for acquisitions was “very high” for his team. This is understandable given Comcast’s size and scope. As any business owner knows, it is essential to continually reassess your company’s assets and determine whether they are still the right fit for your needs.

This can be especially challenging in today’s uncertain climate, but it is essential to maintain a competitive edge. Roberts and his team have been focused on this task, and he feels confident that they are making the right decisions for the company. They have returned capital to shareholders and maintained a strong focus on their core assets.

As a result, Roberts feels that his company is well-positioned to weather any storm. As more and more people cut the cord and move to streaming services, traditional cable TV providers are feeling the pressure to keep up.

One way they may be able to do this is by becoming a platform like Roku or Amazon Fire TV, offering thousands of streaming apps and services.  This would require deeper connections with smart TV manufacturers, however, in order to get the necessary software and hardware, and thus why they would want to buy Vizio.  

Interestingly enough,  Vizio is one of the top-ranked smart TV brands in the United States, but it has seen its market share erode in recent years with the rapid emergence of cheap Roku-powered TV’s made by China’s TCL. Vizio doesn’t actually make its own TVs, but rather imports them from independent factories in China, Vietnam and Mexico. While Vizio still offers a quality product, the competition from TCL has forced it to lower prices in order to stay competitive. As a result, Vizio’s margins have been squeezed and it has had to cut costs in other areas in order to keep up with TCL’s aggressive pricing. 

The company has also made a name for itself in the world of advanced advertising. Vizio’s TVOS platform enables the company to collect detailed data about its users’ viewing habits, which it then uses to deliver targeted ads. The result is a highly effective ad platform that helps Vizio generate significant revenue. 

Notably, Vizio’s advanced advertising business is one of the main reasons why the company was able to become profitable so quickly after going public. With its strong position in the market, Vizio looks poised to continue its success in the years to come even if it’s not bought by Comcast.

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