Google is facing an antitrust trial over its advertising business, with the DOJ saying the company unfairly dominates the online advertising industry. The DOJ has been joined by a coalition of states.

Interestingly, despite most antitrust cases being tried as bench trials, the DOJ is seeking a jury trial in Google’s case. As Google points out in a filing, courtesy of Reuters, the DOJ admits that the trial will deal with topics that are beyond the technical knowledge of most jurors.

Yet in this case, the Department of Justice (“DOJ”) is asking the Court for a jury trial, breaking with all historical precedent, even though the relief it seeks is overwhelmingly equitable and even though its allegations are, in DOJ’s words, “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors.”

A Matter of Precedent

Google goes on to say that there is no known precedent for the US seeking a jury trial in this type of case.

Google is aware of no case in American history where a civil suit brought by the United States pressing only antitrust claims was tried to a jury. The unprecedented nature of DOJ’s jury demand weighs heavily against extending the Seventh Amendment jury trial right to the government here.

To address the issue, Google has given the US government a cashier’s check for the entire sum of monetary damages the government is seeking.

To prevent the tail from wagging the dog, Google has tendered the United States a cashier’s check for the full monetary damages it seeks.

The company cites a recent decision by the Sixth Circuit panel to support its actions.

As a unanimous Sixth Circuit panel recently held, the tender of complete relief requires dismissal of a damages claim as moot because there is no longer any case or controversy as to damages, a prerequisite for Article III jurisdiction….The party urging mootness in the Sixth Circuit was none other than the United States, which argued emphatically that the tender of complete relief moots a damages claim, and the United States assured the court that the same mootness rule would apply if the parties’ positions were reversed.

Google Says It Wants to Resolve the Overall Issue

Despite wanting to avoid a jury trial, the company says it wants to resolve the issues once and for all in court.

Google continues to dispute liability and welcomes a full resolution by this Court of all remaining claims in the Complaint. While the tender moots the claim for damages, questions of liability and equitable relief on the United States’ remaining claims should be fully considered and decided by the Court, either through dispositive motion practice or at trial.

Google Faces An Uphill Battle

Google faces a number of significant challenges winning its case, challenges that Microsoft did not face in its landmark antitrust case, a case many experts point to for comparison.

• The political landscape is much different, with lawmakers on both sides of the aisle wary of Big Tech in general, and Google in particular.
• There is a growing willingness to tackle antitrust issues and force companies to be more open, work better with competitors, and give consumers more choice.
• In a separate antitrust case around its search practices, company has drawn scrutiny for paying Apple billions a year to be the default search engine on iOS and macOS, establishing a pattern of leveraging its advantage to lock out competitors.
• In the company’s search case, Google’s own VP of Finance, Michael Roszak, likened the company to an “illicit business,” a statement that does the company no favors.
• Public perception has turned against Big Tech, with many individuals becoming more concerned with privacy and Big Tech’s ever-growing power and influence.

In view of these challenges, it’s not surprising that Google wants a bench trial, instead of a jury trial. As the DOJ admits, the scope of the trial deals with matters that are “highly technical, often abstract, and outside the everyday knowledge of most prospective jurors.” Add to that the public’s growing distrust of tech companies, and a jury trial is worst-case scenario for the search giant.

If the company is successful getting a bench trial, the company will gain the benefit of an experienced judge deciding the case, rather than rolling the dice with jurors.

A Surge in Spending and Efficiency

In 2024, global spending on PPC advertising is projected to surpass $190 billion, marking a 12% increase from the previous year, according to a recent report by Market Analysis Group. This growth is not just a reflection of increased digital activity but also of the improved efficiencies in ad technologies and targeting methods that allow businesses to reach their desired audience with unprecedented precision.

Technological Advancements Fueling Growth

Technological advancements have significantly enhanced the efficacy and appeal of PPC campaigns. Artificial intelligence (AI) and machine learning algorithms are now routinely used to optimize ad placements and bidding strategies, ensuring that ads are shown to users who are most likely to convert. A study by the Digital Marketing Institute found that AI-enhanced PPC campaigns can increase click-through rates by up to 15% compared to traditional methods.

The Impact on Small and Medium Enterprises (SMEs)

The scalability of PPC advertising makes it particularly beneficial for small and medium enterprises (SMEs). In 2024, SMEs are reported to allocate an average of 45% of their marketing budgets to PPC, up from 37% in 2023. This shift highlights the increasing reliance on digital strategies to drive growth. “PPC advertising has leveled the playing field for small businesses,” said a digital marketing strategist from this PPC Agency. “It allows them to compete with larger players by targeting specific demographics and regions with much lower advertising budgets.”

Challenges and Considerations

Despite its benefits, PPC advertising is not without challenges. The cost per click (CPC) has seen an uptick across various platforms, with Google Ads reporting an average increase of 7% in CPC year-over-year. This rise in costs can be attributed to increased competition and the sophisticated bidding mechanisms that platforms employ. Advertisers must continually refine their strategies and improve ad quality to maintain a favorable return on investment (ROI).

Moreover, privacy concerns and regulatory changes, such as stricter data protection laws, are reshaping how advertisers collect and use data. The recent updates to privacy regulations in the European Union and the United States have compelled advertisers to adopt more transparent practices, which could potentially impact the granularity of targeting that has been a hallmark of PPC effectiveness.

The Future Outlook

Looking forward, the PPC industry is poised for continued innovation and growth. The integration of augmented reality (AR) and virtual reality (VR) into PPC campaigns is anticipated to offer immersive ad experiences that could further enhance user engagement and conversion rates. Additionally, as voice search technology becomes more prevalent, there is a potential shift towards voice-activated PPC campaigns, which would represent a significant evolution in how ads are delivered and interacted with.

As we move through 2024 and beyond, PPC advertising remains a dynamic and crucial element of digital marketing strategies. Its ability to adapt to changes in technology and consumer behavior will likely keep it at the forefront of advertising for years to come.

Mixed Reactions to Apple’s Ad

Apple’s latest iPad ad, depicting various musical instruments and creative tools being crushed to highlight the iPad’s thinness and versatility, has ignited polarized reactions across the tech community. While some see it as a creative representation of how much power is packed into Apple’s thinnest device, others view the ad as an insult to the artistic community and a troubling commentary on the impact of technology on creativity.

Criticism of Creativity

Senator Chris Murphy of Connecticut took to Twitter to express his concerns, calling the ad “a disturbing commentary on the future of creativity.” Many other voices echoed Murphy’s sentiments, arguing that the imagery of instruments like pianos, guitars, and art supplies being destroyed sends a dark message about replacing human creativity with technology. One YouTube comment noted, “Instead of crushing stuff, they should’ve shown life-sized pianos and other stuff shrinking and moving into the ultra-thin iPad… The crushing theme is a negative thought and should not be associated with something new and exciting.”

Another commenter lamented the growing role of AI in creative fields: “As someone who writes music, does sound design, and audio engineering, I see all the impending AI applications to art as atrocious and anti-art.” Many artists traditionally relying on Apple products for their creative work felt the ad disregarded their concerns about how AI and automation could impact their livelihoods.

A Misinterpreted Message?

However, not everyone viewed the ad in such a critical light. Some viewers interpreted the crushed instruments as a symbolic way to show how Apple’s iPad can consolidate various creative tools into a single, slim device. “I saw it as ‘Hey, we crammed all this stuff into this very thin iPad,'” one YouTube commenter remarked. “It’s obvious since all the stuff gets smooshed, and the iPad is pulled out, and the tagline is about how thin it is.”

This interpretation aligns with Apple’s previous marketing campaigns, which have often emphasized the integration of multiple functionalities into their devices. Some defenders of the ad believe that the backlash has been overblown and that Apple never intended to undermine creativity or the artistic community.

A Broader Societal Commentary

Some tech analysts believe the ad has inadvertently become a commentary on Apple’s relationship with society. As CNBC’s Steve Kovach observed, “Apple right now is in the middle of a societal, like, comeuppance over the impact, and they choose to drop this dystopian thing.” Kovach pointed out that the lighting, music, and slow-motion effects give the ad a dark, almost eerie undertone, which may have contributed to its polarizing reception.

The backlash against Apple’s iPad ad reflects the broader conversation around the role of technology in creative fields and the potential consequences of automation and AI on artistic expression. While the intention may have been to emphasize the versatility of the iPad, Apple’s ad has sparked a discussion that extends far beyond its marketing goals.

Dystopian Undertones

The eerie atmosphere of Apple’s iPad ad, underscored by its dim lighting, slow-motion visuals, and a melancholic rendition of Sonny & Cher’s “The Beat Goes On,” has led many to perceive the commercial as having dystopian undertones. Critics argue that the ad reflects a darker vision of the future, where technology supplants creativity, and human touch is replaced by artificial intelligence and automation.

Technological Supremacy

For some, the ad embodies the concept of technological supremacy, where human creativity is subordinated to the efficiency and convenience of digital devices. One YouTube commenter said, “It’s not about bothering creativity; it’s about AI becoming a total destroyer of creativity and imagination. When the robots integrate with AI, they won’t be playing in a band while they destroy humanity.”

The crushed instruments, arcade machines, and creative tools symbolize the consolidation of functions into a single device and the potential loss of tangible creativity. As one commenter observed, “If LLMs (large language models) were the answer, everyone would have the generative AI program of their dreams. But that’s not the case. There’s so much work to get the dacontext, and workflow from the business user into the application.”

Contrasts to Previous Marketing

Apple has a long history of iconic advertising campaigns, many of which have celebrated creativity and individuality. From the colorful silhouette ads of the iPod era to the “Think Different” campaign, Apple has often positioned itself as a champion of artistic expression. However, the recent iPad ad starkly contrasts with those uplifting messages. It shows a more cynical perspective on how technology may override traditional creative practices.

One viewer noted the stark difference between Apple’s current campaign and its 1984 commercial, stating, “Apple has become exactly what it once opposed.” Another viewer criticized Apple’s approach, suggesting that instead of crushing instruments, the ad should have portrayed them shrinking and moving seamlessly into the iPad to create a more positive association.

Navigating Criticism and Controversy

Amid the mixed reactions, Apple is left navigating a delicate balance between marketing its innovative products and addressing broader societal concerns. Some analysts believe the company must adapt its messaging to align with the evolving discourse around AI and creativity. CNBC’s Deirdre Bosa noted, “This is a moment where the company has to adjust and show that they’re just innocent, fun technology.”

Ultimately, Apple’s iPad ad is a lens through which the tech industry’s impact on creativity and society is scrutinized. The backlash reflects a growing unease around the rapid advancement of technology and its implications for creative professionals. Whether intended or not, Apple’s commercial has ignited a conversation that challenges the company’s role in shaping the future of creativity.

Viewer Comments and Online Pushback

The reaction to Apple’s iPad ad extended beyond the media, with viewers flocking to social platforms like YouTube and Twitter to express their disapproval. One of the most prominent criticisms centered on how the ad seemingly dismisses the value of traditional creative tools by literally crushing them to demonstrate the iPad’s capabilities.

Comparisons to Apple’s Past Campaigns

Many viewers highlighted a stark contrast between Apple’s past marketing strategies and the current iPad ad. One commenter referenced Apple’s famous “1984” commercial, which portrayed the company as a force for creativity and individuality against a corporate, Orwellian world. “They’ve become exactly that,” they wrote, lamenting the loss of the values that Apple once stood for. Another viewer added, “This ad feels like Apple is saying, ‘throw away all the old ways because AI in an iPad is better than all of them,’ which is stupid for a company that’s marketed to artists for the last 20 years.”

Missed Opportunity for Creativity

Several commenters argued that Apple missed an opportunity to emphasize creativity in a more positive light. One viewer suggested, “Instead of crushing stuff, they should have shown life-sized pianos and other instruments shrinking and walking into the ultra-thin iPad. The crushing theme is a negative thought and should not be associated with something new and exciting.”

Meanwhile, others voiced frustration at the perceived message that AI could replace human creativity. “I see all the impending AI applications to art as atrocious and anti-art,” one commenter wrote. “I assumed Apple was taking that side based on the backlash… then I saw the ad and wouldn’t have taken it that way at all.”

Concerns About Technological Hype

Beyond creative concerns, some viewers linked the ad’s message to broader issues around technological hype and its impact on society. “Honestly, when I first heard there was a campaign about breaking things, I thought it was dumb because we’ve all experienced the hell of trying to fix a broken iOS device,” said one critic. Another viewer emphasized, “Apple’s strategy over the last two years with its marketing and products has had me deeply questioning whether they can meet the AI moment in front of them.”

Another commenter offered a biting comparison, suggesting that if the ad had featured workers instead of musical instruments, “If instead of artistic instruments you had cobalt miners from Congo, this ad would be a documentary.”

Piano Metaphor Sparks Debate

A recurring theme among viewers was the choice of the piano metaphor. Many interpreted the crushing of the piano as a sign of the iPad replacing traditional creative tools with digital ones, leading to concerns about the erasure of artistic individuality. One musician and artist commenter stated, “If large language models were the answer, everyone would have the generative AI program of their dreams. But that’s not the case.”

However, some defended Apple’s messaging, arguing that the ad highlighted the iPad’s versatility and innovative features rather than stating the demise of traditional art forms. As one viewer put it, “I saw it as ‘Hey, we crammed all this stuff into this very thin iPad,’ and that’s kind of obvious since all the stuff gets smooshed and the iPad is pulled out.”

Ultimately, the mixed reactions to the iPad ad underscore the challenges that tech companies face in navigating the fine line between innovation and respecting the values of their long-standing creative audience.

Criticism of Apple’s Innovation Strategy

Apple’s new iPad ad stirred up more than just creative concerns. For many, it exemplified a broader dissatisfaction with the company’s current approach to innovation, which critics argue has veered away from Apple’s core principles. The discontent was palpable across social media, with comments questioning the tech giant’s ability to maintain its innovative edge.

Shifting Focus from Creativity

One recurring criticism was that Apple shifted its focus away from creativity and toward profit-driven technological hype. Commenters argued that the crushing of traditional creative tools in the iPad ad was symbolic of Apple’s current strategy, which prioritizes features like AI at the expense of supporting artists and musicians. One viewer lamented, “Apple’s strategy over the last two years with its marketing and products has had me deeply questioning whether they can actually meet the AI moment in front of them.”

Another commenter noted how Apple’s historic marketing campaigns embraced creativity and individuality, while the new ad felt disconnected from those values. “This ad feels like Apple is saying, ‘throw away all the old ways because AI in an iPad is better than all of them,'” the viewer wrote. “But that’s not what made Apple great.”

Lack of Excitement and Innovation

Beyond the ad’s messaging, others highlighted a perceived lack of excitement in Apple’s recent product launches. One commenter remarked, “Apple’s strategy over the last two years with its marketing and products has deeply made me question whether they can meet the AI moment in front of them. They just aren’t innovating in a way that’s exciting consumers.”

Tech analyst Steve Kovach echoed this sentiment in his CNBC segment, noting, “Apple is not a young company anymore. This is grown-up stuff.” He added that Apple’s marketing doesn’t capture the same sense of excitement and fun that characterized the early days of its iconic campaigns.

Missed Opportunity for Artificial Intelligence

The backlash surrounding the ad also brought to light criticisms of Apple’s broader AI strategy. Commenters argued that the company isn’t doing enough to showcase how artificial intelligence could transform its devices. “We’re waiting for Apple to show us how it can meet the AI moment,” said one viewer. “People will forget about this ad in no time, but the real show is what Apple will do with AI.”

Critics pointed to Apple’s traditional marketing focus on user-friendly technology and asked why the new ad didn’t take a more positive approach. “It would have been better if they showed life-sized pianos and other creative tools shrinking and walking into the iPad,” one commenter added that the current campaign came across as “negative and uninspired.”

Moving Forward Amid Criticism

The criticism of Apple’s iPad ad and innovation strategy highlights the tech giant’s growing challenges as it navigates a rapidly changing landscape. While the company has weathered previous controversies, the current backlash underscores the importance of reconnecting with its creative base and articulating a clear vision for AI in its products.

Ultimately, Apple’s response to this criticism may shape how it approaches future marketing campaigns and product strategies. For now, the company appears to be standing firm in its focus on AI and cutting-edge technology, but whether it can recapture the excitement and loyalty of its creative audience remains to be seen.

Looking Forward: Can Apple Address the Concerns?

The backlash over Apple’s recent iPad ad has raised significant questions about the company’s ability to address concerns around its creative direction and innovation strategy. Moving forward, Apple must balance embracing new technologies like AI and preserving its reputation as a champion of creativity and design.

Re-establishing a Creative Connection

A primary concern is whether Apple can reconnect with the creative community that has long been a cornerstone of its success. Critics of the iPad ad felt that the campaign dismissed traditional artistic tools, alienating musicians, designers, and artists historically relying on Apple’s products. Re-establishing this connection could require a return to campaigns that celebrate creativity rather than diminish it.

Tech analyst Steve Kovach pointed out that Apple needs to capture the same spirit as its early iconic ads to revive enthusiasm. “Apple has to show us that it’s still the company that understands and supports creativity,” Kovach said on CNBC. “It can’t just focus on tech for tech’s sake.” A renewed emphasis on the creative potential of Apple’s products, backed by targeted marketing campaigns, could help rebuild trust among its core audience.

Meeting the AI Moment

At the same time, Apple must find ways to demonstrate how artificial intelligence can enhance its devices without undermining traditional creative processes. By integrating AI features like machine learning and generative models into its existing apps, Apple can showcase the potential of AI in a way that aligns with its longstanding emphasis on user-friendly technology.

This effort will require more than just a marketing spin—it will need tangible features that improve user experience. For instance, incorporating AI to streamline photo editing in iPhoto, enabling voice-activated design assistance in GarageBand, or using machine learning to optimize app organization could illustrate the value of AI while staying true to Apple’s creative roots.

A Unified Vision for Innovation

One of Apple’s challenges is the perception that its innovation strategy has become fragmented and reactive. Critics have pointed out that its focus on profit-driven technologies like AI could come at the expense of its historically seamless user experience.

Apple needs to present a unified vision for its future innovations to counter these criticisms. This includes offering a clear roadmap for integrating AI into its product ecosystem in a way that aligns with its core values. By articulating a coherent strategy that balances creativity with cutting-edge tech, Apple can address concerns and reassure its audience that it’s still the innovative leader they once trusted.

Maintaining a Competitive Edge

Lastly, Apple’s ability to maintain its competitive edge in the tech industry will hinge on its ability to adapt to rapidly changing market dynamics. With companies like Google and Microsoft making aggressive strides in AI, Apple must prove that its products are innovative and relevant.

This may involve expanding partnerships with creative software developers, investing in research and development for AI-driven creative tools, or enhancing its existing apps with new features. By proactively responding to its critics’ concerns, Apple has the opportunity to redefine its image and maintain its status as a global tech leader.

As the company navigates the evolving landscape of consumer technology, its response to the current backlash could set the tone for the next era of innovation. Whether Apple can embrace the challenge and address the concerns remains to be seen, but the coming months will be critical in shaping its future trajectory.

According to Android Authority, Google’s Philipp Schindler discussed the new “feature” in Alphabet’s earnings call.

“In Q1, we saw strong traction from the introduction of a pause ads pilot on connected TVs, a new non-interruptive ad format that appears when users pause their organic content,” Schindler said.

Schindler also said the new ads “are commanding premium pricing from advertisers.”

It is hard to fathom that no one at Google understands what a terrible idea this is. There are many scenarios where a person pauses a video because they need a moment of quiet, such as to take a phone or video call. The fact that Google thinks ads should continue playing when a video is paused is almost beyond belief.

Unfortunately, with the new ads “commanding premium pricing,” it’s unlikely Google will reverse course on its decision, meaning the YouTube experience is likely about to take a significant step backwards.

Joining Microsoft in March 2024, Richman, a former CEO at Mindshare North America, brings a wealth of experience from the buy side of advertising. Her move comes when interest in AI within advertising circles is surging. Thanks to its substantial investments in generative AI technologies and its strategic positioning within the OpenAI ecosystem, Microsoft is at the vanguard.

“There’s never been a better time to be in advertising, and certainly never a better time to be at Microsoft,” Richman stated during the interview. She highlighted Microsoft’s comprehensive approach, which spans various assets, including Bing’s search engine developments, native display advancements, and extensive partnerships across the digital ecosystem.

At the core of Richman’s strategy is the balance between leveraging cutting-edge AI and maintaining the human touch that brands have been built upon. This dual approach aims to enhance how marketers reach their target audiences without sacrificing the brand’s human essence—a concern that has grown with AI’s increasing capabilities.

Microsoft’s development of its large language model, Olympus, underscores its commitment to providing a suite of AI tools that cater to diverse marketing needs. “We’re building on trust, a fundamental aspect of Microsoft’s brand, to deepen partnerships and enhance the effectiveness of digital marketing strategies,” Richman explained.

Focus on Results and Brand Performance

During the discussion, Richman emphasized the relentless focus on results that characterize today’s advertising industry. The challenge now is to harness AI for short-term gains and foster long-term brand building. “We’re looking at connecting stories across a compressed consumer journey, ensuring that every interaction with the consumer is impactful,” she elaborated.

Community and Collaboration in AI

Speaking at a conference in Miami, Richman reflected on the importance of community and collaboration in the face of technological upheaval. “Nothing replaces human contact,” she remarked, stressing the value of industry gatherings in fostering discussions that can lead to meaningful advancements in how AI is utilized in advertising.

Richman also pointed out that while AI is a powerful tool, the collective goal should be to elevate the industry without losing sight of the need to improve continuously. “Are we too busy to be better?” she posed, quoting Greg Stewart at the conference’s kickoff. Her response highlighted a commitment to innovation without overlooking the human elements integral to advertising.

As AI continues to reshape the landscape, Microsoft, under Richman’s guidance, is positioning itself as a participant and a leader in the next generation of advertising technologies. With initiatives like Bedrock and partnerships across the tech industry, Microsoft is crafting a future where AI enhances every facet of the customer experience, making advertising more efficient, effective, and fundamentally human.

AI’s Role in Ad Revenue Acceleration
During the interview, Spiegel emphasized the significant impact of Snap’s AI advancements on the company’s ad revenue growth. “It’s taken us longer than we wanted it to,” Spiegel admitted, referring to deploying conversion APIs and large, unified models that have significantly improved ad interactions and outcomes for advertising partners.

These technological enhancements have not only streamlined ad delivery but also bolstered the performance of Snap’s advertising platform, translating to tangible financial gains. “The improvements in our ad platform are translating to better results,” Spiegel explained, highlighting the importance of AI in driving more efficient and effective advertising strategies.

Digital Advertising’s Broad Recovery
Spiegel also commented on the wider digital advertising landscape, noting a broad-based recovery across various sectors. This rebound is partly attributed to resolving supply chain issues that had previously hampered production and distribution during the pandemic. With these bottlenecks easing, companies increasingly turn to digital platforms to drive demand.

“The overall economy has remained healthy, and consumer confidence is strong,” Spiegel noted, suggesting a positive environment for continued growth in digital advertising expenditures.

Strategic Expense Guidance and Investment in AI
For the first time, Snap has guided expected expenses for the entire year, projecting a 5% increase. This forecast reflects Snap’s strategic investments in AI infrastructure and essential operational enhancements. “We’ve invested an incremental $100 million a quarter in cloud-based infrastructure,” Spiegel stated, underscoring the company’s commitment to bolstering its technological capabilities to support advanced advertising models.

The Surprising Growth of Snapchat Plus
Addressing Snapchat Plus’s unexpected success, which has nearly reached its midterm goal of 10 million subscribers, Spiegel discussed the platform’s appeal and potential for further growth. The subscription service’s popularity is driven by features like app customization and generative AI, which allow users to create personalized experiences, such as generating digital pets that resemble their own.

“As a team, we haven’t yet figured out our next milestone, but the uptake has been pleasantly surprising,” Spiegel remarked. This enthusiasm for customizable and interactive features signifies a shift in user engagement strategies, leveraging AI to create more personalized and immersive user experiences.

Looking Ahead
With Snap’s strategic investments in AI and a keen focus on enhancing user engagement through innovative features, the company is well-positioned to capitalize on the expanding digital advertising market. As Snap continues to refine its platform and expand its offerings, the potential for sustained growth and innovation remains high, promising an exciting future for the company and its stakeholders.

Who Was David Ogilvy?
David Ogilvy was not just an advertising executive but a pivotal figure who shaped the media and advertising landscape. Starting his career at the Gallup Research Organization, Ogilvy’s rigorous approach to understanding consumer behavior and market dynamics informed much of his later success. He founded Ogilvy & Mather in 1948, building it into one of the world’s largest advertising firms, known for its creative and research-driven campaign strategies.

Ogilvy’s advertising philosophies were immortalized in several publications, most notably “Confessions of an Advertising Man,” which has become an essential marketing book.

This article was inspired by a recent video by Dara Denney, elucidating the enduring impact of modern advertising pioneer David Ogilvy.

Ogilvy’s Masterclasses in Advertising
David Ogilvy’s campaigns offer timeless lessons in the art and science of advertising that are remarkably applicable to the digital age:

1. The Rolls Royce Ad: Mastery of the Headline
The iconic Rolls Royce ad featured the headline: “At 60 miles an hour, the loudest noise in this new Rolls-Royce comes from the electric clock.” Ogilvy understood that headlines are crucial in advertising, as they often determine whether the audience will engage further with the content. For digital marketers, this translates into crafting tweet-length headlines for ads that grab attention, pique curiosity, and promise value—principles practical across Google Ads to Twitter feeds.

2. The Hathaway Man: Utilizing Pattern Interrupts
The Hathaway shirt ads, famously featuring a model with an eye patch, illustrated Ogilvy’s use of pattern interrupts—elements that break the audience’s expectations to grab attention. This approach is highly effective in today’s quick-scrolling digital environments, where standing out in a sea of content is more challenging than ever. An unexpected visual twist can increase engagement on platforms like Instagram or Facebook.

3. The Man from Schweppes: Aspirational Marketing
In the Schweppes advertisements, Ogilvy featured a sophisticated, globe-trotting gentleman who epitomized a luxurious lifestyle that the drink was meant to complement. This strategy is mirrored in modern influencer marketing, where products are often marketed within an aspirational lifestyle. Whether through high-end travel blogs or Instagram profiles, showing a product as part of a desirable life can be incredibly persuasive.

4. Dove’s “Real Beauty” Campaign: Emotional Resonance
Perhaps one of Ogilvy’s most enduring legacies is how his agency later conceptualized Dove’s “Real Beauty” campaign, which focused on authentic, diverse representations of beauty. This campaign’s success underscored the power of emotional resonance, a potent tactic in digital marketing today. Brands that harness storytelling to connect deeply with their audiences often see more engagement and loyalty.

5. B2B Marketing: The Puerto Rico Investment Ad
Ogilvy’s work for the Puerto Rican government, aimed at attracting business and industrial investors to the island, showcased his adeptness at B2B marketing. He used concrete data and clear benefits to persuade a sophisticated audience. Today’s B2B digital marketers follow in their footsteps by using detailed, jargon-free content that focuses on ROI, often through white papers, detailed blog posts, and LinkedIn articles.

Integrating Ogilvy’s Principles in Digital Strategies
While the platforms and technologies have evolved, the core principles of effective marketing have not. Ogilvy’s emphasis on understanding the consumer, crafting compelling and research-backed messaging, and strategically delivering this content are as relevant today as they were in the mid-20th century. Here’s how modern marketers can apply Ogilvy’s principles:

• Data-Driven Insights: Like Ogilvy’s reliance on Gallup research, today’s marketers should use data analytics and consumer behavior insights to guide strategies.
• Engaging Content: Utilize the ‘pattern interrupt’ concept to create eye-catching, engaging content that stands out in crowded digital feeds.
• Emotional Connection: Develop content that resonates personally, much like the Dove campaign, to build a loyal customer base.

David Ogilvy’s legacy is a testament to the enduring power of sound marketing principles—rooted in understanding human psychology and refined through creativity. His work remains a masterclass for marketers aiming to excel in the digital age, proving that even the most traditional approaches can offer insights into the cutting-edge tactics of today’s digital strategies. As we continue to navigate the complexities of digital channels, Ogilvy’s strategies remind us that the fundamentals of human connection are immutable.

The campaign emerges against a backdrop of increasing scrutiny regarding the impact of digitally altered images on public perception and self-esteem. A recent global study commissioned by Dove revealed that nine out of ten women and girls encounter harmful beauty content online, with a third feeling pressured to modify their appearance to align with these unattainable ideals, even when they recognize the images as artificial.

The use of AI in the beauty industry has become a pressing issue, particularly for parents. Altered images on social media platforms have been linked to severe body image issues, including anorexia, as parents like those interviewed suggest that these idealized portraits are contributing to a crisis of self-perception among youth.

In response to these challenges, Dove’s video juxtaposes AI-generated visuals—commonly found through searches for “perfect skin” or “the most beautiful woman in the world”—with images that adhere to Dove’s beauty standards, which celebrate natural and diverse beauty forms.

Dove brand released a video exclusively to TODAY to make the big announcement. NBC’s Kaylee Hartung reports.

This initiative comes when other brands increasingly incorporate AI into their advertising strategies. Levi Strauss and Nike, for example, have utilized AI-generated avatars and videos to significant effect. Nike’s recent promotional video featured Serena Williams playing tennis against herself, a spectacle created by analyzing 130,000 past matches. Meanwhile, major fashion brand Revolve is using AI models for billboards, a cost-cutting move that raises ethical questions about the blurring lines between real and synthetic in advertising.

The conversation is also reaching legislative floors, with bipartisan efforts underway in the House to introduce laws requiring online images and videos to be clearly labeled when altered or generated by AI. This proposed legislation aims to mitigate the deceptive use of digital technology and foster a healthier, more truthful media landscape.

As Dove leads the charge with its “Keep Beauty Real” campaign, the potential for significant industry-wide change looms large. The campaign challenges brands to reconsider the role of digital technology in shaping public perceptions of beauty. It highlights the need for greater transparency and ignites a conversation on the ethical implications of AI in consumer media.

Benkert, known for his football prowess, has seamlessly transitioned into digital media, leveraging his expertise to navigate the complex terrain of social media marketing. In a recent interview, he highlighted the challenges and opportunities inherent in this rapidly evolving landscape.

Reflecting on the dynamic nature of social media marketing, Benkert emphasized the need for adaptability and innovation. “There are a lot of stories out there that need to be told,” he remarked, acknowledging social media’s vast potential as a platform for storytelling and engagement.

Drawing from his experiences, Benkert highlighted the importance of capitalizing on viral moments and staying attuned to emerging trends. “I capitalize on potential viral moments by being in tune with the moment as it happens,” he explained, underscoring the significance of timeliness and relevance in content creation.

Looking ahead, Benkert expressed optimism about the future of social media marketing, particularly in building passive income streams around digital content. “I’ve been building digital products around the content that I make that are living as passive sources of income,” he revealed, hinting at the potential for sustainable revenue generation beyond traditional sponsorship deals.

However, Benkert also acknowledged the challenges of monetization in the digital space, particularly those related to securing sponsorships and delivering value to brands. “The biggest challenge is probably just financially for sponsorships,” he admitted, highlighting the need for brands to see a return on their investment in sponsored content.

Despite these challenges, Benkert remains committed to pushing boundaries and challenging the status quo in social media marketing. “It’s changing a little bit with the narrative,” he noted, alluding to the evolving landscape of sponsored content and influencer marketing.

In navigating the uncharted territory of social media marketing, Kurt Benkert stands as a beacon of innovation and resilience, offering valuable insights into the ever-changing world of digital media. As brands and creators alike continue to adapt to the shifting tides of social media, Benkert’s story serves as a reminder of the boundless opportunities that await those willing to embrace change and seize upon emerging trends.

One recurring theme in this conversation is the concept of bundling. Whether it’s the traditional cable bundle or a new amalgamation of streaming services, bundling offers both opportunities and challenges for market players.

As industry experts point out, some bundles are more interesting than others. Verizon’s partnership with streaming giants like Netflix and HBO Max offers a glimpse into the future of bundled services. By combining broadband with a suite of streaming options, these companies are creating a more enticing proposition for consumers.

But bundling isn’t just about offering a collection of services at a discounted price. It’s also about simplifying the user experience and reducing the complexity of managing multiple subscriptions. As the number of streaming options continues to grow, consumers are increasingly overwhelmed by choice. Bundling provides a solution to this problem by offering a one-stop shop for all their entertainment needs.

The rise of bundling is closely linked to the emergence of the “Ad Tier” – a new pricing strategy that aims to make streaming services more affordable for consumers. Companies like Canal+ are tapping into a growing demand for bundled services by offering discounted packages that include multiple streaming platforms.

However, the success of bundling depends on more than just price. It also requires a deep understanding of consumer behavior and preferences. Research has shown that consumers are willing to pay more for a smaller bundle of TV networks if it includes only the channels they watch.

In this new era of streaming, the key to success lies in finding the right balance between content, price, and convenience. Companies that can offer compelling bundles that meet the diverse needs of today’s consumers will emerge as the winners in the streaming wars.

As the battle for subscribers rages on, one thing is clear: the future of streaming is bundled. And for companies that can navigate this landscape effectively, the rewards are boundless.

“Even though we were acquired by Uber, we’re still a bit of a challenger brand in the category,” explains Kim. They got big, and the category got big. We wanted to get small.”

Their solution? Focus on the local markets and restaurants, harnessing the power of exclusive partners and merchants. But how do you translate the visceral experience of food into a brand campaign?

“We took some inspiration from that scene in Ratatouille,” Anderson reveals. “He eats this piece of food that sends this rush of memory. We love that notion that a single bite can be that visceral and emotional.”

Thus, the concept of “This is your brain on food” was born—a tagline that evokes the old anti-drug PSA language with a culinary twist.

“It’s really just like a pretty ridiculous experience of making it and wonderfully ridiculous ads, too,” Butt adds.

But translating these ideas into visuals was no small feat. The team tapped into animation to create a trippy, imaginative world where different foods evoke different emotions. From CG to 2D to claymation, each animation style was carefully chosen to match the experience of the food.

“We were very purposeful around selecting animation styles that felt right for the experience of that particular food,” explains Kim. “The challenge was to make sure that there was still a coherence through them all.”

And the result? A series of ads that capture the essence of food and seamlessly integrate merchants into the brand campaign, driving interest and engagement.

“It really functioned well as co-marketing for us and the merchants,” says Anderson. As a result, a lot of restaurants have now been coming to us asking to be included in our brand campaign.”

In the competitive world of food delivery, Postmates’ innovative approach to branding is setting them apart—and leaving customers hungry for more.

A journey that began in 1994, where the mere mention of Stanley Cups in the same breath as hot products of the future would have drawn laughter, has culminated in a staggering revenue surge for the company. From $74 million in 2019 to a staggering $750 million in 2023, the trajectory of Stanley’s success is nothing short of remarkable.

But beyond the numbers lies a masterclass in effective product marketing and the art of harnessing cultural momentum. As one observer notes, “with the Stanley Cup brand, you’re not just buying into a product, you’re buying into a community.” This sense of belonging, of being part of a tribe united by hydration, is a powerful draw that transcends mere utility.

With their blue-collar, utilitarian roots, Stanley Cups have managed to reinvent themselves for a new generation, thanks in no small part to the visionary leadership of Terrence Riley, the company’s president. Riley, no stranger to transforming the mundane into the desirable, previously worked his magic at Crocs, turning them into a fashion statement during his tenure as Chief Marketing Officer.

The secret to Stanley’s success lies not just in the quality of its products but also in its ability to cultivate a sense of exclusivity and community. Limited editions, scarcity, and the power of social commerce have all contributed to fueling the brand’s meteoric rise. While success has not been without its challenges, including instances of uncivilized behavior and concerns over product safety, Stanley remains undeterred.

In a world where brands vie for attention in an increasingly crowded marketplace, Stanley Cups have managed to cut through the noise by tapping into something deeper than mere consumerism. It’s not just about owning a product; it’s about being part of a movement, a cultural phenomenon that transcends boundaries.

As one industry insider muses, “We are all desperate to connect, belong, express who we are.” In Stanley Cups, many have found not just a water bottle, but a symbol of identity, belonging, and aspiration. And in a world where authenticity is currency, Stanley Cups are the real deal.

In a recent discussion, Seth Godin, renowned marketing expert and visionary, illuminated this fundamental divide. Drawing from his wealth of experience and insight, Godin unraveled the intricacies of these two distinct approaches and their profound implications for businesses and individuals alike.

“Direct marketing is measured marketing,” Godin declares emphatically. “If you can measure it, you’re going to act differently because you can see what happened Tuesday and change what you do on Wednesday.” This relentless pursuit of data-driven optimization has become the cornerstone of digital advertising, epitomized by the algorithmic prowess of tech titans like Google and Facebook.

Godin elucidates the mechanics behind this phenomenon, highlighting Google’s revenue model built entirely on the commodification of clicks. “Google gets all of its revenue 100% from people who are buying clicks that they measure,” he explains. This relentless pursuit of measurable outcomes fuels a relentless cycle of bidding and optimization, where every cent counts in the pursuit of digital real estate.

Yet, amidst this data-driven frenzy, Godin issues a sobering warning: the allure of direct marketing can be deceptive, leading to a race to the bottom where clicks reign supreme. “Sooner or later, direct marketing on the internet races to the bottom because you’re just trying to get a few clicks from a few people dumb enough to pay you something,” he cautions.

In contrast, brand marketing emerges as a beacon of storytelling and cultural resonance, transcending the mere metrics of clicks and views. “Brand marketing is where you put your store. Is it on the corner or in the middle of the block?” Godin muses. It’s a delicate dance between art and science, where the intangible essence of a brand holds sway over consumer perceptions.

Reflecting on Nike’s bold embrace of Colin Kaepernick, Godin extols the brand’s courage in standing for something beyond mere product sales. “Colin Kaepernick is a signal; he’s a symbol,” Godin asserts. In a divisive political climate, Nike’s unequivocal support for Kaepernick represents a calculated risk, yet one rooted in the brand’s ethos of standing for something larger than itself.

As the conversation unfolds, Godin’s insights shed light on the broader dynamics shaping the marketing landscape. From the relentless pursuit of data in direct marketing to the nuanced storytelling of brand marketing, a multifaceted portrait emerges, illuminating the complexities of modern advertising.

In an era defined by technological disruption and cultural upheaval, the age-old dichotomy between brand and direct marketing takes on renewed significance. As businesses and individuals navigate this ever-shifting terrain, Seth Godin’s wisdom serves as a guiding beacon, reminding us that amidst the sea of data, it is the power of storytelling and cultural resonance that ultimately endures.

Dave Gerhardt, VP of Marketing at Drift, was recently interviewed on the B2B Growth podcast by John Rougeux who is VP of Marketing at Skyfii. Gerhardt discusses conversational marketing as a new B2B product category and how it is changing marketing from reaching out to you later to a conversation that is happening now:

Conversational Marketing is About Connecting You Now

Conversational marketing is a whole new way of thinking about marketing and sales. The traditional way of doing marketing and sales is all about later. Come to my website and fill out this form and somebody is going to reach out to you later, when it’s convenient for them. The big shift that is happening in marketing and business over the last five to ten years is customers have all the power today. You can’t make people wait. Information is free now.

I can find anything I want to know about a company without ever having to go to your website. It’s crazy to think that you are going to force people to go to your website, fill out a form, wait three days to hear back from your sales team, and then get a demo. Conversational is all about connecting you now with the people who are ready to buy now while they are live on your website.

B2P – Marketing to People

It’s not about buyers. It’s not about sellers. It’s not about sales. It’s not about marketing. It’s about people. That’s how people all communicate online today. I pressed one button in my car and I got a list. I ordered something from Amazon while I was here this morning to send back to my house and it’s going to be there tomorrow when I get home. There are countless examples of that. That is how we all behave online in our real lives today.

But then something happens weird happens. We go to our jobs in B2B and none of the tools that we use match how we actually buy as real people. That’s the most exciting thing to me about conversational marketing. It’s really closing the gap between B2C and B2B. We just call it B2P, marketing to people.

What Ties Our Products Together is Conversation

We have an email product and we have a landing page product. Black and white versions of those people would say everybody has email, everybody has landing pages. The thing that ties those together is conversation. That forces us to think about what is conversational email? What is conversational landing pages? What is conversational whatever? That one word forces our product team to think about how can we change this? If our fundamental stance as a company is that the internet should be one conversation, then how does that weave into everything that we build?

Ultimately what we care about is that email becomes a conversation. Meaning, the way that marketers have had to use email the last decade is a one-way channel. Email is meant to be a two-way channel. Marketers have been using it as, “John come to my webinar.” What happens if you actually respond to that email? Most of the time you can’t because it’s donotreply@ or it just goes to some inbox where nobody is answering it. That is a terrible experience. Our belief is that if you reply, “Hey actually I can’t make it. Can you reregister my colleague?” That should get handled. We are thinking of that from an evolution standpoint.

The same thing with landing pages. Most landing pages today are static. You go to the landing page, put a bunch of info in and you are gone. What if that was a real-time conversation on the page? That one topic has to weave itself into everything we do from a product perspective.

>> Listen to the complete interview with Drift Marketing VP Dave Gerhardt on the B2B Growth podcast.

Security firm Sophos made the discovery, dubbing the malware campaign “Nitrogen.” Sophos says Nitrogen “is a primarily opportunistic attack campaign abusing Google and Bing ads to target users seeking certain IT tools, with the goal of gaining access to enterprise environments to deploy second-stage attack tools such as Cobalt Strike.”

The company goes on to describe how the malware campaign works:

The observed infection chain starts with malvertising via Google and Bing Ads to lure users to compromised WordPress sites and phishing pages impersonating popular software distribution sites, where they are tricked into downloading trojanized ISO installers.

When downloaded, the installers sideload the malicious NitrogenInstaller DLL containing a legitimate software application bundled with a malicious Python execution environment. The Python package uses Dynamic Link Library (DLL) preloading to execute the malicious NitrogenStager file, which connects to the threat actor’s command-and-control (C2) servers to drop both a Meterpreter shell and Cobalt Strike Beacons onto the targeted system. Throughout the infection chain, the threat actors use uncommon export forwarding and DLL preloading techniques to mask their malicious activity and hinder analysis.

The infection chain involves multiple stages and components, which are still under analysis at this writing.

Cisco AnyConnect, WinSCP, and TreeSize downloads are three that are specifically being targeted by the malware campaign.

Sophos recommends taking basic steps to avoid the malware, such as not clicking download links in search advertisements, using an ad blocker to hide such ads altogether, and making sure downloaded files have the appropriate file extension.

Of course, the report raises significant questions about the security measures — or lack thereof — that Google and Bing’s advertising networks offer.

The Norwegian Data Protection Authority announced a ban on Meta’s behavioral advertising in mid-July, saying it would fine the company $100,000 per day that it did not comply. The agency did not have an issue with targeted advertising based on data users willing provide, but took exception to Meta’s far-reaching surveillance and its practice of collecting data far in excess of what users authorize.

Meta appealed the decision, but a Norwegian court has rejected the company’s arguments, according to the Norwegian Data Protection Authority:

The Oslo District Court has fully sided with the Data Protection Authority in the matter.

– We are very pleased with the Court’s ruling and the result. This is a big victory for people’s data protection rights, said Director General Line Coll.

In its ruling, the Court states that the Data Protection Authority’s decision is valid, and that there are no grounds for an injunction. The case was heard in Oslo District Court on 22 and 23 August.

– This is a thorough ruling that provides useful clarifications. We are very pleased that the Court agrees with our assessments, said Head of International Section, Tobias Judin.

Given how closely jurisdictions within the EU cooperate, it is likely that Norway’s stand is one that will be copied by other countries in the bloc.

Netflix has been working to unveil an ad-supported tier as it looks to revitalize its subscriber growth. The company turned in its first subscriber drop in nearly a decade and sees an ad-supported tier as a way to attract new customers. Google and NBCUniversal parent Comcast were seen as the front-runners to assist Netflix, but Microsoft swooped in seemingly out of nowhere to secure the contract.

According to Business Insider, there were a combination of factors that led to Microsoft’s win, not the least of which was what the company was willing to promise. Google pulled out all the stops in assembling a team that “went to the top of the company” but couldn’t meet Netflix’s expectations.

“We got feedback from Netflix that our number was underwhelming,” Insider’s source revealed.

Much of the problem stemmed from Google hedging its bets over fears Netflix would eventually abandon it in favor of an in-house solution.

“This deal only made sense for Google to put the effort and reconfigurations to go to market if Netflix was going to permanently outsource it,” the source continued.

In contrast, Microsoft approached the deal with a far more optimistic view, meeting Netflix’s targets — reportedly revenue in the “billions” — and viewing the new relationship as a way to eventually poach Netflix as a cloud customer from AWS.

“What I see is Netflix is testing the Azure/Microsoft waters with a feature or two first,” a Microsoft employee told Insider.

Another factor — and one that is becoming a major one for companies choosing a cloud provider — is that Microsoft doesn’t directly compete with Netflix. AWS parent Amazon has Amazon Prime, Comcast owns NBCUniversal and its Peacock streaming service, and Google owns YouTube TV.

Ultimately, when taken together, Microsoft had the right attitude, approach, and circumstances to pull off the advertising coup of the year.

Fortunately, digitization has made it possible for small businesses to reach out to prospects online in the global marketplace. Businesses shouldn’t overlook the importance of digital marketing, regardless of their size. Besides learning various effective digital marketing methods, small businesses should keep tabs on digital marketing trends to remain competitive. Below are a few reasons small businesses shouldn’t overlook digital marketing strategies.

1.  Target Online Customers

Unlike before, modern shoppers begin their search for brands, products, and services online. In the current digital age, prospects expect businesses to have a strong social media presence and a website. There’s a lot that potential customers look for before reaching out to brands for business. For instance, parents might want to know how to transfer a car title from parent to child before buying car insurance.

Small businesses should leverage this opportunity to reach such customers. Your website should be mobile responsive, reflect your brand image, and have solid reviews. Most online customers start by reading reviews to learn what other customers say about your business. For instance, 87% of online customers check online reviews before reaching out to local businesses.

2.  Learn What Your Competitors are Doing

Small businesses should pay attention to their competitors for business success. Digital marketing methods can help businesses monitor and learn from their competitors. For instance, regardless of your niche, if your competitors have a better-performing web presence, you can begin by evaluating their content strategy. Do they use blogs or visual content?

Conducting thorough competitor research is the best way to learn about your competitors. Identify their preferred platforms, focus keywords, influencers, and other important pointers. Excellent tools for competitor research include:

• Ahrefs – Best for discovering competitor’s linked content
• SEMrush – Best for finding ranking keywords
• BuzzSumo – Used to track performing content types
• Moz – Keyword ranking platform
• Google Alerts – Used to track competitor mentions

You should also explore other consumer insights tools to boost your content marketing strategy.

3.  Improve Accessibility to Customers

You should strive to position your small business in front of potential customers, which is majorly the online space. As mentioned, modern customers start searching for products online. Businesses without an online presence miss many opportunities and cannot compete equally, especially if competitors have a strong online presence.

Small businesses should leverage digital marketing to position their brands in front of prospects. Besides creating a strong website, digital marketers should learn search engine optimization to outrank competitors on Google searches. Keywords (both long and short tail) are important, and you should understand how to use them to rank your website.

An online presence creates an environment where customers can reach out day and night. Prospects and customers can send emails, schedule appointments, and purchase products or services anytime. You can also visit WebmastersHall to learn more about improving your digital marketing efforts for enhanced accessibility to customers.

Endnote

Digital marketing is beneficial to small businesses in many ways. Unlike other marketing strategies, digital marketing is affordable, making it suitable for small businesses with limited marketing budgets. Businesses that haven’t ventured into the digital space miss a lot of customers and business opportunities.

Scott Heimes, Chief Marketing Officer at Zipwhip, discusses how two-way text messaging can be an extremely effective way to communicate with your customers in an interview on the B2B Growth Podcast:

76% of Consumers Have Received Text From Businesses

Over 76 percent of consumers have received some kind of text from a business. The most common are appointment reminders or bank alerts. This really just scratches the surface. Texting has so many applications beyond just alerts and reminders. There are sales and marketing, discount coupons and giveaways, customer support and service, recruiting and staffing, and internal communications at places like educational institutions. It’s so new and businesses are continuing to innovate in this medium. There are a lot of powerful use cases for businesses.

We have over 30,000 businesses using our software today. They range from very small businesses like yoga studios or lawn care services all the way up to multi-billion dollar insurance companies that are using our solution in their claim call centers. Industries include financial services, staffing and recruiting, healthcare, legal, and more. We have 156 professional sports teams that use our solution. They use it for ticket sales and customer service. There are lots of fitness gyms, radio and TV stations that use our text solution as well. It really does run the gamut of anybody that wants to communicate with their customers via this preferred medium.

Report Shows Increasing Use of Texting by Businesses

I just talked to the Director of Communications for the Sound Transit Authority, the public transit authority in Seattle, who uses our solution. They publish an 800 number to text or call when people see problems on the trains. Rather than get on the phone and calling, more and more people are texting those alerts. It’s really an interesting use case. Another one is during a recent hurricane down in Houston we had an insurance agent that was using our software to communicate with all of his customers in the area because the phone lines were largely down. Texting was working well to create engagement and communication during those tough times.

We recently created a report called the State of Texting which is a deep research study that highlights the adoption curve of text messaging as a business communication tool. It identifies how many consumers are already being texted by businesses as well as many other key insights and trends. One of the things we saw was that there are a lot of one-way texting tools where you get an alert from your doctor’s office, for instance, but you can’t respond to it. It was actually fired off by a CRM using an API that was just one way.

Text is a Great Way to Increase Engagement

Increasingly, consumers would prefer to be able to respond to those texts and have an actual interaction with a human on the other side to either reschedual that appointment or alert them that they are going to be five minutes late or something like that. We are seeing a trend where people want to be able to respond to texts and have an interaction as opposed to continuing to be one way.

For businesses, the communication channels of email and phone are just becoming less and less effective. Text is a great way to increase your engagement and responsiveness with consumers. They’ll actually respond to a text. One of the things we are doing as a company is everything we can to maintain the purity of the texting medium to make sure that spam doesn’t leak its way into this channel.

>> Listen to the complete interview with Zipwhip CMO Scott Heimes on the B2B Growth podcast.

Norway’s regulatory agency took issue with Meta’s practice of tracking user activity far beyond the data users voluntarily provide:

Meta tracks in detail the activity of users of its Facebook and Instagram platforms. Users are profiled based on where they are, what type of content they show interest in and what they publish, amongst others. These personal profiles are used for marketing purposes – so called behavioural advertising. The Norwegian Data Protection Authority considers that the practice of Meta is illegal and is therefore imposing a temporary ban of behavioural advertising on Facebook and Instagram.

The Norwegian Data Protection Authority cites a decision by the Irish Data Protection Commission in December 2022 that Meta’s behavior is illegal. Despite Meta changing some of its practices, the Court of Justice of the European Union recently found that Meta’s behavior is still not legal. Norway’s ban goes into effect August 4 and lasts for three months, or until Meta complies with the law. If Meta fails to comply, the company faces a fine of up to $100,000 per day.

The regulator makes clear that it is not opposed to targeted advertising, as long as such advertising is based on data users provide, not based on surveillance of their activity:

The Norwegian Data Protection Authority does not ban personalised advertising on Facebook or Instagram as such. The decision does not for example stop Meta from targeting advertising based on information a user put in their bio, such as place of residence, gender and age, or based on interests a user has provided themselves. Nor does the decision stop Meta from showing behavioural advertising to users who have given valid consent to it.

The regulator acknowledges that it would normally be the Irish Data Protection Commission that would address such issues but says the urgency of the situation necessitated taking action:

As Meta has its European headquarters in Dublin, it is normally the Irish Data Protection Commission that supervises the company in the EEA. The Norwegian Data Protection Authority can nevertheless intervene directly against Meta when there is an urgent need to act, and in such cases we can issue a decision which is valid for a period of three months. We consider that the criteria for acting urgently in this case are fulfilled, in particular because Meta has recently received both a decision and a judgment against them to which they have not aligned themselves with. If we don’t intervene now, the data protection rights of the majority of Norwegians would be violated indefinitely.

The decision is the latest issue for the social media giant as regulators around the world begin to scrutinize Big Tech’s use of consumer data.