The Federal Trade Commission has announced that a developer of apps that are popular with children has agreed to pay $150,000 and to delete personal information it illegally collected from children under 13 to settle FTC allegations.
In a complaint filed on June 3, 2020 by the Department of Justice on behalf of the FTC, the FTC alleges that HyperBeard, Inc. violated the Children’s Online Privacy Protection Act Rule by allowing third-party ad networks to collect personal information in the form of persistent identifiers to track users of the company’s child-directed apps, without notifying parents or obtaining verifiable parental consent.
The ad networks allegedly used the identifiers to target ads to children using HyperBeard’s apps.
“If your app or website is directed to kids, you’ve got to make sure parents are in the loop before you collect children’s personal information,” said FTC lawyer Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “This includes allowing someone else, such as an ad network, to collect persistent identifiers, like advertising IDs or cookies, in order to serve behavioral advertising.”
The FTC complaint also names HyperBeard’s CEO and Managing Director.
COPPA requires that child-directed websites, apps and online services provide notice of their information practices and obtain parental consent prior to collecting personal information from children under 13, including the use of persistent identifiers for targeted advertising.
Many of the apps that HyperBeard offers are allegedly directed to children. According to the FTC, these kids’ apps contain brightly colored, animated characters such as cats, dogs, bunnies, chicks, monkeys and other cartoon characters, and are described in child-friendly terms like “super cute” and “silly.”
The FTC alleges that HyperBeard was aware that children were using its kids’ apps and promoted those same apps to children. From early 2017 through 2019, the FTC alleges, it promoted its apps on a kids’ entertainment website, and that it published children’s books and licensed other products, including stuffed animals and block construction sets, based on its apps’ characters.
As part of the proposed settlement, the defendants are required to notify and obtain verifiable consent from parents for any child-directed app or website they offer that collects personal information from children under 13. They are also prohibited from using or benefitting from personal data they collected from children under 13 in violation of COPPA, and must destroy that data.
The settlement also includes a judgment in the amount of $4,000,000) against the corporate defendant and individual defendant Kozachenko, jointly and severally, as a civil penalty. The corporate defendant is ordered to pay to the FTC $150,000. Upon such payment, the remainder of the judgment is suspended, premised upon the truthfulness, accuracy and completeness of defendants’ sworn financial statements and related documents. The suspension of the judgment will be lifted as to corporate defendant and defendant Kozachenko if, upon motion by the FTC, the court finds that either failed to disclose any material asset, materially misstated the value of any asset, or made any other material misstatement or omission in the financial representations.
FTC Chairman Joe Simons issued a statement. “In my opinion, an appropriate starting point for the civil penalty was HyperBeard’s gain from behavioral advertising over the relevant time period adjusted upwards by a factor to account for the likelihood of detection. I further believe that the additional factors we consider, including the proposed defendants’ degree of culpability, history of prior related conduct, prior law enforcement actions, timeliness of corrective action, ability to pay, willfulness, and threat posed to consumers; the effect on the proposed defendants’ ability to continue to do business; and “such other matters as justice may require,” such as, cooperation with our investigation, past approaches to similar violations, and expectations of businesses and consumers, warrant the $4 million civil penalty,” Chairman Simons states.
Commissioner Noah Joshua Phillips voted no and issued a dissenting statement. “Given the violations at issue, the harm to consumers and how we have approached other COPPA cases, my view is that the fine imposed today is too much,” Commissioner Phillips states. “The recent push to heighten financial penalties—even where the law permits only equitable relief— has been relentless, without clear direction other than to maximize the amount in every case. That may create the appearance of being “tough”, but it runs the risk also of being inconsistent and, in some cases, unfair or even counterproductive.”
How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing Genius
Every so often, a guest comes along who doesn’t just raise the bar—they throw it into orbit. Erin Levzow is one of those guests. From the moment she joined The ADOTAT Show, it was clear we were in the presence of brilliance. Erin is a marketing powerhouse, blending emotional intelligence with razor-sharp strategy, all wrapped in a package of humor, humility, and dazzling storytelling. She’s the kind of guest you could talk to for hours and still feel like you’ve only scratched the surface.
Erin isn’t just a marketer—she’s a phenomenon. Whether she’s orchestrating mango-flavored revolutions, leading with radical empathy, or dazzling on the ballroom floor, she approaches every challenge with the perfect mix of creativity and grit. By the end of this episode, we weren’t just inspired; we were in awe. Let’s dive into the magic she shared with us.
The Mango Habanero Revolution: A Case Study in Marketing Genius
Imagine this: a company launches a limited-time flavor, quietly retires it, and suddenly finds itself at the epicenter of a full-blown consumer uprising. This isn’t an exaggeration—it’s the mango habanero saga at Wingstop, and Erin Levzow, the marketing mastermind behind the brand’s response, turned the chaos into one of the most brilliant campaigns in recent history.
“They took out a change.org petition,” Erin said, still marveling at the intensity of the reaction. “That’s like save the whales, but for sauce.”
When Wingstop removed the mango habanero sauce from its menu, Erin’s team didn’t expect much backlash. After all, it was a limited-time offer that wasn’t even a top-seller. But the reaction from fans was immediate, loud, and relentless. Social media erupted with demands for the sauce’s return, and customers didn’t just voice their disappointment—they mobilized.
“We thought about it,” Erin explained, “and instead of coming back to them and being like, ‘Okay, here you go, have it back,’ we talked internally and decided, let’s do this for the people who are really loud about it.”
The team’s strategy was simple but genius: lean into the outrage and make customers feel like part of a movement. They didn’t just bring back the sauce—they launched a guerrilla-style campaign that made fans feel like they were at the center of something special.
“We put together influencer kits and mailed them to approximately 125 people who were very vocal about this,” Erin said. “We got their address by asking them to vote on whether they wanted mango habanero to come back.” Fans who voted were prompted to fill out a form with their name and address, which Wingstop then used to send out the kits.
Each kit was stamped with Viva el Revolución and included stickers, t-shirts, and even a masked character who declared, “We’ve taken over the airwaves to bring back mango habanero.” But here’s the twist: the kits didn’t explicitly say they were from Wingstop.
“There was nothing that said it was from Wingstop, but it was obviously from Wingstop,” Erin said, smiling.
The response was overwhelming. Fans unboxed their kits on social media, posted photos, and speculated wildly about what was happening. “We grew our social reach by a thousand percent overnight,” Erin recalled. “It was unbelievable.”
The campaign didn’t just bring back the sauce—it turned a product recall into a brand-building moment. When the sauce finally returned to menus, Erin noted that it “mixed slightly higher” than before but, more importantly, it drove significant traffic to Wingstop locations.
“We told a story through it,” Erin said, “and people told the story actually on our behalf.”
The Secret Sauce
“It wasn’t just about bringing the flavor back,” Erin explained. “It was about making people feel like they were part of something bigger.”
This story isn’t just about wings—it’s about what makes great marketing. Erin didn’t just respond to customer complaints; she created a campaign that resonated emotionally, turned fans into advocates, and gave the brand a massive boost in engagement and loyalty.
The mango habanero saga wasn’t just a win for Wingstop; it was a masterclass in how to take a seemingly small product issue and turn it into a viral, unforgettable moment. As Erin put it, “We got to make it about them, and that made all the difference.”
The Dance of Data and Storytelling
If you think marketing is all about crunching numbers and analyzing charts, Erin Levzow is here to burst that bubble—and she’ll do it in two sentences flat. “Emotional intelligence and emotional technology really go hand in hand,” she explained. “You have the technology piece—that’s the math base, understanding how to get and when to get to your customer. And then you have the emotional side, the storytelling.”
It’s a deceptively simple idea: blending data and emotion to create marketing campaigns that resonate. But Erin doesn’t just talk the talk; she’s built a career on this philosophy. Whether she’s masterminding a viral campaign or guiding her team through complex strategies, she wields both analytics and creativity with the precision of a Cirque du Soleil performer.
Erin’s approach to marketing is a rare blend of science and art. On one side, there’s the data—the clicks, impressions, and conversion rates that guide decision-making. On the other, there’s the emotional narrative that transforms those numbers into a story worth engaging with. “We have all this data,” Erin said, “but data without a story is just noise. What makes it meaningful is how you connect it back to people’s lives, their emotions, their needs.”
This isn’t just about selling products; it’s about building connections. Erin views metrics as the foundation, but the heart of her campaigns lies in the human experience. Her ability to translate cold, hard numbers into campaigns that make people laugh, cry, or rally behind a mango habanero sauce is what sets her apart.
For Erin, the real magic happens when technology and storytelling come together seamlessly. “It’s not enough to know when and how to reach your customer,” she said. “You need to know why they care in the first place.”
Take, for example, the mango habanero saga. It wasn’t just about analyzing the number of tweets or Change.org signatures demanding the sauce’s return. It was about understanding the emotional undercurrent driving that demand. By tapping into that sentiment, Erin turned a flavor recall into a full-blown cultural moment. “Data tells you what people are doing,” Erin explained, “but it’s the storytelling that tells you why they’re doing it. And that’s where the real opportunity lies.”
Erin doesn’t just analyze data; she orchestrates it like a symphony conductor. To her, every piece of data is a note in a larger melody, and the story she creates from it is the music that captivates her audience. “It’s about making the numbers sing,” she said. “Sure, you can look at impressions, clicks, and open rates, but unless you know how to weave them into a narrative, they’re just stats on a spreadsheet.”
Ballroom Dancing and the Art of Marketing Recovery
Oh, did we mention Erin Levzow is a competitive ballroom dancer? Because of course she is. As if dominating the marketing world wasn’t enough, Erin spends her spare time flipping through the air with the kind of grace most of us can only dream of. But don’t let the sequins and salsa moves fool you—ballroom dancing isn’t just a hobby; it’s a mirror of her approach to work and life.
Take one of her routines, for example—a daring flip where her head was mere inches from the floor. “My partner took a misstep, and I knew in his face my head was about to crash into the ground,” Erin said, recalling the adrenaline and panic of that moment. But instead of unraveling, they adapted on the spot. “We finished the routine as if it was part of the choreography,” she said, laughing at the memory.
If that isn’t the ultimate metaphor for Erin’s career, I don’t know what is. Whether it’s on the dance floor or in a boardroom, Erin doesn’t let a stumble define the story. Her philosophy? It’s not about avoiding failure—it’s about how you recover. “We all fall down,” she said. “It has everything to do with how you get back up.”
This isn’t just a lesson for dancers; it’s a masterclass in resilience for anyone with a pulse. Marketing campaigns flop. Strategies go sideways. Teams make mistakes. Erin knows this better than anyone, but she also knows that resilience isn’t about perfection—it’s about improvisation, adaptability, and finishing strong, no matter how messy the middle gets.
Ballroom dancing may seem worlds apart from marketing, but for Erin, the parallels are striking. Both require trust, collaboration, and a willingness to take risks. And just like on the dance floor, there are moments in her career where the choreography didn’t go to plan. But instead of letting those missteps throw her off, Erin leans into the recovery, finding ways to pivot and turn mistakes into moments of brilliance.
Rick Ross, QR Codes, and Buzzword Burials
Erin’s irreverence for outdated marketing norms is as refreshing as it is hilarious. She’s not here for buzzwords like “omnichannel” or metrics like impressions. “Someone asked me why their impressions were down but revenue was up,” she said, laughing. “And I told them, ‘Who cares about impressions? Your revenue is up!’”
When asked about her favorite marketing pivot, Erin didn’t hesitate to highlight the moment she replaced Troy Aikman—yes, the legendary football player—with Rick Ross as Wingstop’s brand ambassador. Why? Because Rick Ross actually resonated with their 18-to-24-year-old audience. “It didn’t feel relevant or cool to them,” Erin said about Aikman. “But Rick Ross? He made sense. He was already a franchisee and a great cheerleader for the brand.”
And let’s not forget her take on obnoxious trends like QR code Super Bowl ads. “Was it creative? I don’t know,” she quipped. “Was it annoying? A little. But it worked.”
Leadership with Empathy and Radical Candor
Beyond her marketing brilliance, Erin Levzow’s leadership philosophy is a masterclass in empathy and authenticity, the kind that makes you rethink what it means to lead effectively. She doesn’t just manage teams—she cultivates environments where people feel safe to thrive, fail, and try again. At the heart of her philosophy is radical candor, a concept Erin wields with the precision of a sculptor carving out greatness. “If I care about you, I’m going to be direct with you,” she said. “But I’ll hug and love you every step of the way.”
This isn’t some soft, feel-good leadership buzzword. For Erin, it’s about giving people the tools and feedback they need to grow, even when it’s uncomfortable. She doesn’t sugarcoat the truth, but she also doesn’t deliver it with a sledgehammer. Her method is equal parts grit and grace—a balance that’s as rare in boardrooms as it is essential.
Erin also has no patience for the obsession with fixing weaknesses, a mindset she believes stifles potential. She points to Michael Jordan as her quintessential example: “He was the best at basketball, not baseball. Why focus on weaknesses when you can make someone the Michael Jordan of what they’re already great at?” It’s a perspective that’s both practical and visionary. Instead of asking her team to patch up their shortcomings, Erin zeroes in on what they’re already brilliant at, empowering them to excel in areas where they naturally shine.
Her leadership philosophy is as bold and refreshing as her marketing campaigns. Erin isn’t afraid to challenge norms, push boundaries, or ask the hard questions—all while making sure her team feels supported and empowered. She takes the same approach to her team dynamics that she does to her marketing: a perfect blend of logic and emotion, of precision and passion.
And let’s not forget Erin’s sense of humor, which is woven into everything she does as a leader. Whether she’s citing basketball metaphors or admitting that, yes, sometimes you just need a cry-and-White-Claw moment, Erin reminds her team that success isn’t about perfection. It’s about progress, resilience, and learning to lean into what makes you uniquely excellent.
What makes Erin truly stand out, though, is her ability to inspire those around her—not just to do their jobs, but to believe in their potential. She leads with a kind of audacious optimism that’s infectious. “Leadership isn’t about being perfect,” she said. “It’s about figuring out how to get back up after you’ve fallen and helping others do the same.”
The Power of Perseverance: Erin Levzow’s Journey Through Love, Loss, and Lessons
Erin Levzow isn’t just a marketing powerhouse—she’s a human hurricane of resilience, humor, and heart. Beneath her brilliance on the business battlefield lies a deeply personal story that has shaped her outlook on everything, from leadership to living fully. Her husband’s life-altering accident wasn’t just a test of their strength as a family—it was a masterclass in how to endure, adapt, and thrive when the universe throws everything at you, including the kitchen sink.
“Nothing really matters, and yet everything’s important,” Erin said, a philosophy that could only come from someone who’s been to hell and back. Her husband’s recovery from a traumatic brain injury—something doctors said had less than a one-percent chance of happening—isn’t just a miracle; it’s a lesson in what sheer grit and love can accomplish.
But let’s not sugarcoat this: Erin’s journey wasn’t all inspirational speeches and life-affirming moments. “People kept saying, ‘You’re so strong,’ but I felt anything but,” she confessed. “I was a mess. There were days I didn’t want to get out of bed, and the only goal was to sit up, then maybe shower. Baby steps.”
In classic Erin fashion, though, she didn’t just survive—she thrived. During her husband’s recovery, Erin chronicled their journey on a CaringBridge blog, which quickly snowballed into something bigger than she ever imagined. “About 42,000 people read it,” she said, still astonished. “And if I missed a day, people would lose their minds. ‘Is he okay? Are the kids okay?’ It was wild.”
But what really stuck with Erin were the messages she received—people from all over the world sharing how her story had inspired them to keep going through their own challenges. “They’d say, ‘Your journey gave me hope,’ and all I could think was, ‘Me? I’m just trying to get through the day without falling apart.’”
This raw honesty and openness are what make Erin’s story so powerful. She didn’t just chronicle the victories; she let people in on the messy, unfiltered reality of struggle. And in doing so, she gave others permission to admit that they, too, were struggling—and that it was okay.
Even now, the challenges haven’t disappeared. “He still has a traumatic brain injury, and there’s still a lot of trauma,” Erin shared. “The first time I heard an ambulance after everything happened, I collapsed into a corner, crying. I didn’t even know that was PTSD.”
For Erin, the journey has been as much about accepting help as it has been about pushing forward. “People want to help, but we’re so bad at letting them,” she said, a mix of candor and frustration. “Especially as women, we think we have to be strong all the time. But sometimes the strongest thing you can do is admit you need help. Drink a White Claw, cry in a corner, and let people show up for you.”
Her husband’s recovery taught her one of life’s greatest truths: resilience isn’t about being unshakable. It’s about wobbling, falling, and still finding the strength to stand back up. And if that isn’t the ultimate marketing metaphor, I don’t know what is.
Why Erin Levzow Is One of Our Best Guests Ever
Erin Levzow isn’t just a guest; she’s a phenomenon. Her stories, insights, and humor made this episode unforgettable. From mango revolutions to ballroom moves,
Erin showed us that great marketing isn’t about playing it safe—it’s about taking risks, making connections, and always, always staying authentic.
If you missed this episode, drop everything and tune in now. Erin Levzow just raised the bar for what marketing—and leadership—can be.
Streaming was supposed to be the savior of TV—the rebellious new kid with no commercials, endless content, and an open bar of binge-worthy dopamine hits. But, as Doug Shapiro’s sharp, no-BS research reveals, the revolution is out of cash and looking for a loan. Streaming doesn’t just monetize less—it barely monetizes at all. For every streaming dollar generated, old-school pay TV is making it rain with three dollars in subscriber fees and seven dollars in ad revenue. In other words, streaming might have the hype, but pay TV still has the house.
Let that sink in: the industry’s shiny new thing isn’t just a less profitable model; it’s a fundamentally broken one. And the implications aren’t just bad—they’re existential.
The “Monetization Problem” No One Wants to Talk About
Here’s the deal: streaming might have a sleek user interface and clever recommendation algorithms, but it hasn’t figured out how to make money. Pay TV, that lumbering dinosaur we’ve all written off as extinct, still generates mountains of cash. Shapiro’s data spells it out—streaming’s revenue per home is a joke compared to pay TV.
Take Netflix, the poster child of streaming. Sure, it boasts billions in revenue, but those billions pale in comparison to the tidal wave of money still rolling into traditional TV. Why? Because people pay for pay TV. They pay subscriber fees, they pay for bundles they barely use, and advertisers pay premiums to reach their captive audiences. Streaming doesn’t have that kind of lock-in—most subscribers are one click away from canceling.
And don’t get me started on ad-supported streaming. Streaming ads don’t command the same CPMs (cost per thousand impressions) as linear TV, and even the platforms themselves are treating ads like a necessary evil instead of a moneymaker. When your business model boils down to “we’ll figure it out later,” it’s not a business model—it’s a wish.
Traditional TV: Dead But Still Dancing
For all the doom-and-gloom headlines about linear TV, Shapiro’s data paints a more nuanced picture. Two-thirds of U.S. video revenue still comes from good old-fashioned television. That’s right: the thing you only use to watch the Super Bowl and complain about cable bills is still king.
Linear TV’s dominance boils down to two simple truths: advertisers love it, and audiences stick with it. Despite the rise of streaming, traditional TV delivers consistent, predictable reach—something streaming hasn’t figured out. It’s the dependable Honda Civic to streaming’s unreliable Tesla.
But here’s where it gets wild: even with all that staying power, TV isn’t growing either. The pie isn’t getting bigger—it’s just being sliced differently. Shapiro’s data shows that every dollar streaming gains comes at the expense of something else. It’s not growth; it’s cannibalization.
Why Big Media Is Freaking Out
Shapiro’s research drops another bomb: video profits for big media companies are cratering. Revenue is up a measly 6% since 2018, but margins? Down 38%. That’s a hemorrhage, not a hiccup.
What’s driving the decline? For one, the cost of creating premium content has skyrocketed. Scripted dramas that used to cost $3-4 million per episode are now running $10 million or more. Meanwhile, streaming platforms like Netflix are pouring billions into original programming to compete, but they’re still chasing their tails trying to recoup those costs.
This isn’t just a bad quarter—it’s an industry in free fall. Media execs are learning the hard way that you can’t slap together a $200 million budget for a mediocre sci-fi show and expect subscribers to fund it indefinitely.
GenAI: The Hollywood Killer?
Enter GenAI, the new disruptor everyone’s whispering about. Shapiro points out that generative AI has the potential to blow Hollywood’s business model to pieces. Imagine creating an animated film that’s 80% as good as Pixar’s, but at 10% of the cost. That’s not just a game-changer—it’s a wrecking ball.
Animation, Shapiro argues, is the canary in the coal mine. It’s the first place where AI will replace bloated production teams with lean, fast, and cheap workflows. And it won’t stop there. As AI tech evolves, it could upend everything from pre-production to post-production. Why pay for location shoots and extras when you can render them in AI? Why hire a VFX team when a machine can do it in real-time?
But here’s the real kicker: the biggest threat isn’t that studios will replace people with AI—it’s that outsiders will use AI to replace studios. Picture a 19-year-old with an NVIDIA GPU and a dream creating content that rivals Netflix. It’s not just plausible—it’s inevitable.
YouTube: The Trojan Horse
While Hollywood wrings its hands over AI, YouTube is quietly eating its lunch. Shapiro’s data shows that YouTube is already the #1 streaming service on TVs. Yes, TVs. Not your phone, not your laptop—your living room TV.
And it’s not just cat videos anymore. Creator-driven content, led by juggernauts like MrBeast, is siphoning off viewers from kids’ programming and unscripted TV. Even YouTube itself is leaning into the TV model, rolling out features like “seasons” and “episodes” to make its content more binge-worthy.
The implications are staggering. YouTube isn’t just competing with Hollywood—it’s redefining what TV even is. And unlike Netflix, it’s profitable.
Why This All Matters
So why does any of this matter? Because the media industry is in the middle of an existential crisis, and most of its players are pretending everything’s fine.
Shapiro’s research lays bare the cracks in the foundation. Streaming, once seen as the future, is turning into a race to the bottom. Traditional TV is hanging on by sheer inertia. And disruptive forces like YouTube and GenAI are reshaping the landscape faster than anyone can adapt.
The stakes couldn’t be higher. Media isn’t just another industry—it’s the cultural fabric of our lives. The stories we tell, the voices we amplify, and the ways we connect are all tied to this ecosystem. If the industry collapses under its own weight, we lose more than jobs and profits—we lose the narratives that shape our world.
But hey, maybe a 19-year-old with a laptop will save us. Stranger things have happened.
Stay bold, stay curious, and know more than you did yesterday.
A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations. CIDs may require the production of documents – including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions.
A CID must state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to such violation. This will be set forth via a section entitled “Subject of the Investigation” and in the “Resolution(s) Directing Use of Compulsory Process” that accompany the CID. The FTC is not required to disclose whether the recipient of a CID is a target or to explain the circumstances that prompted the investigation.
FTC civil investigative demands are often extensive and broad. A skilled FTC CID attorney may be able to narrow the scope of information and documentation being sought, and/or the time frame within which to comply, and thus modify the breadth and cost of the investigative process.
The recipient of CID is required to “meet and confer” with FTC staff counsel within a very tight timeframe. During meet and confer sessions, many CID recipients and their counsel object to one or more areas of inquiry without possessing an accurate understanding of the legal standards and thresholds underlying the objection(s).
For example, threadbare objections such as relevance, burden, cost and breadth are unlikely, by themselves, to persuade staff counsel or FTC Directors. When attempting to modify or narrow the scope of a CID, FTC CID lawyers should be prepared to amply demonstrate, as the case may be and without limitation, why a specific specification is outside the scope of the investigation, unnecessary and abusive in breadth, lacks of reasonable time frame within which to comply, threatens disruption and serious hinderance of business operations, includes voluminous records searches, involves increased costs and lost manpower, does not further the FTC’s legitimate inquiry into matters of public interest, involves unreasonable diversion of personnel and financial resources, and/or seeks disclosure of confidential or proprietary information.
Some common objections include relevance, undue burden and over breadth.
An objection premised upon the CID improperly seeking irrelevant information must set forth persuasive facts that the information being sought is objectively outside the scope of the FTC’s investigation.
FTC compulsory process is permissible “if the inquiry is within the authority of the agency, the demand is not too indefinite and the information sought is reasonably relevant.” The standard for judging relevancy in an agency investigation is more relaxed than in an adjudicatory” proceeding. At the investigatory stage, the FTC can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not. The requested material, therefore, need only be relevant to the investigation – the boundary of which may be defined quite generally.
Put another way, the requested information must not be plainly incompetent or irrelevant to any lawful purpose’ of the agency. The agency’s own appraisal of relevancy must be accepted so long as it is not obviously wrong. It is a CID recipient’s burden to show that the information is irrelevant.
The FTC will possess a great deal of discretion on the issue of relevance because the agency is not required to explain all the nuances of its investigation to a recipient.
The gist of an undue burden or overbreadth objection is that the disclosures sought are unreasonable and indefinite.
FTC investigation process is not unduly burdensome unless compliance threatens to unduly disrupt or seriously hinder the normal operations of a recipient’s business. A CID recipient bears the burden to show how a CID interferes with its ability to operate its business. For example, a recipient that may wish to challenge one or more specifications contained within a civil investigative demand by evaluating the time and expense associated with compliance, and whether compliance threatens to unduly disrupt or seriously hinder normal business operations.
A challenger must be prepared to set forth facts underlying such a conclusion. Courts may reject a claim of undue burden where a recipient fails to enunciate how a CID constitutes a fishing expedition. CID recipients that fail to produce factual support to substantiate contentions that compliance would result in the virtual destruction of a successful business (e.g., affidavit or other documentation) are unlikely to persuade FTC staff counsel to modify or narrow a request. Mere statements by FTC defense practice counsel do not provide factual support.
Importantly, absent a showing of disruption, the sheer amount of responsive materials does not demonstrate undue burden (or overbreadth). Often CID recipients unsuccessfully attempt to merely allege that because a CID calls for thousands of documents that constitutes an undue burden. Some burden on CID recipients is, of course, to be expected and is considered necessary in furtherance of the agency’s legitimate inquiry and the public interest.
Any civil investigative demand places a burden on the person to whom it is directed. Time must be taken from normal activities and resources must be committed to gathering the information necessary to comply. Nevertheless, the presumption is that compliance should be enforced to further the agency’s legitimate inquiry into matters of public interest.
In terms of an overbreadth objection, broadness alone is not sufficient justification to refuse enforcement of and compliance with FTC compulsory process. Courts have held that the FTC should be accorded extreme breadth in conducting its investigations. Courts have struck down overbreadth challenges where no showing was made that the inquiries sought any information beyond that necessary to determine whether recipients have engaged or are engaging in unlawful acts or practices.
Further, broad CIDs have been justified in comprehensive investigations, particularly where that breadth is in large part attributable to the magnitude of the subject’s business operations.
If you or your company have received an FTC CID, consult with an experienced FTC defense lawyer from the start to position your response for an optimal resolution.
Informational purposes only. Not legal advice. This article is not intended to and should be construed as legal advice. May be considered attorney advertising.
Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations.
What is an FTC Warning Letter?
Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that they can face serious legal consequences, such as a federal investigation or lawsuit, if they do not immediately stop.
According to the FTC, “[o]verwhelmingly, companies that receive FTC warning letters take steps quickly to correct problematic advertising or marketing language and come into compliance with the law. In many cases, warning letters are the most rapid and effective means to address the problem.”
Eliminating false or misleading information from the marketplace is a key objective of the FTC. As is ensuring compliance with the FTC Act and various legal regulations that the agency enforces.
The Federal Trade Commission has sent warning letters across a number of industries pertaining to myriad legal regulatory issues. From companies allegedly selling unapproved products that may violate federal law by making deceptive or scientifically unsupported claims about their ability to treat or cure coronavirus, to companies and influencers over disclosures in posts.
Some Things to Keep in Mind About FTC Warning Letters
When FTC warning letters are sent to companies, their purpose is to warn of possible law violations. Warning letters are not formal enforcement actions, and they may or may not be followed by FTC legal action. The letters typically include an explanation of why the company is receiving the letter and examples of problematic advertising or marketing language. They require the recipients to correct the problem immediately and may also require the recipients to contact the FTC within several days to confirm that they have made the required changes.
Additionally, while FTC or joint agency warning letters may be public, recipients’ responses to them usually are not. After sending the letters, the FTC will not comment on whether a company or individual has received them, whether they have contacted the agency within the amount of time required, or what they told the agency about their planned response.
What is an FTC Notice of Penalty Offense?
Civil penalties are designed to help the FTC deter conduct that harms consumers. One way that the FTC can obtain monetary penalties against a company that acted unfairly or deceptively is through the Penalty Offense Authority, found in Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. §45(m)(1)(B).
Pursuant to this authority, the FTC can seek civil penalties if it proves that: (i) the company knew the conduct was unfair or deceptive in violation of the FTC Act; and (ii) the FTC had already issued a written decision that such conduct is unfair or deceptive.
In order to trigger this authority, the FTC can send companies a “Notice of Penalty Offenses.” This Notice is a document listing certain types of conduct that the FTC has determined, in one or more administrative orders (other than a consent order), to be unfair or deceptive in violation of the FTC Act.
Companies that receive this Notice and nevertheless engage in prohibited practices can face civil penalties of more than $50,000, per violation. As required by federal statute, the FTC adjusts the amounts of its civil penalty maximums for inflation every January.
That a company is sent a Notice does not necessarily indicate that the FTC has reason to believe it is breaking the law. Rather, the FTC sends these Notices to ensure that companies understand the law – and that they are deterred from breaking it.
Recently distributed Notices and the administrative determinations cited in the Notices pertain to, without limitation, misuse of information collected in confidential contexts, claim substantiation, business and money-making opportunities, endorsements and education.
Informational purposes only. Not legal advice. This article is not intended to and should be construed as legal advice. May be considered attorney advertising.
The Hidden Flaws Behind Ad Tech’s Favorite Buzzword.
Supply Path Optimization (SPO) is my love-hate relationship in ad tech personified. It’s the reason I fell for this industry’s maddening brilliance—and why it sometimes feels like a bad rom-com where no one learns their lesson. At its core, SPO promises efficiency, transparency, and accountability, and when it works, it’s like watching a Rube Goldberg machine perform flawlessly. But when it doesn’t—and let’s be honest, that’s most of the time—it’s just a convoluted mess of hidden fees, questionable inventory, and a lot of people pretending they understand it.
I love SPO for the same reasons I can’t quit ad tech: it’s complex, innovative, and occasionally delivers moments of pure genius. But I also hate it for the same reasons I roll my eyes at this industry daily: it overpromises, underdelivers, and leaves everyone arguing over who’s to blame. SPO, like ad tech, is the classic “we have to laugh, or we’ll cry” situation.
So, here’s the deal: let’s make it work. Let’s turn SPO into the streamlined, transparent game-changer it’s supposed to be, rather than another overhyped buzzword clogging up conference panels. It’s messy, it’s flawed, and it drives me up the wall—but I’m not giving up on it.
After all, isn’t that what ad tech is all about? Chaos, creativity, and figuring it out just before the deadline.
Let’s dig into the dirt and clean this thing up.
1. Opaque Cost Structures: The Hidden Toll Booths of Adland
Imagine walking through a shopping mall where every store has a hidden toll booth outside, charging you random amounts just to enter. That’s the SPO cost structure in a nutshell. While SPO is sold as the knight in shining armor, slashing the infamous “ad tech tax,” it often just reconfigures the same tolls into more creatively hidden fees. SSPs and DSPs whisper sweet nothings about efficiency while quietly siphoning off dollars that should be spent on actual ads.
Advertisers think they’re saving a bundle, but the reality is closer to playing a rigged game of three-card monte. Without full transparency, it’s impossible to know where your dollars are going—and whether the supposed “premium” inventory is worth the markup. Meanwhile, publishers are stuck wondering if they’ll ever see a fair share of the pie, or if the ad tech middlemen are eating all the good slices.
Solution: Demand radical transparency. Push for open ledgers that detail every cost in the supply chain, from SSP fees to DSP charges. And yes, this will ruffle feathers—ad tech loves its opacity more than a magician loves a locked box. But if buyers and publishers unite, they can flip the table on this bad hand and start insisting on truth in pricing.
2. Buyer-Driven Bias: The Big Kids Hogging the Sandbox
SPO was supposed to democratize ad spend, but instead, it’s turned into a gated community for the biggest players. Buyers cozy up to a handful of SSPs and call it “optimization,” but what they’re really doing is giving the finger to independent publishers. Small, niche sites—the ones with highly engaged audiences—get shoved out of the game like they forgot the secret handshake.
This favoritism is a one-way ticket to a bland, homogenized internet where every ad appears on the same five sites. Diversity? Gone. Innovation? Crushed under the weight of predictable media buys. By prioritizing buyer demands over publisher needs, SPO is essentially a bad Tinder match that ghosted the indie publishers after a single swipe.
Solution: Start rewarding diversity in the supply chain. Mandate that SPO algorithms include quotas for independent publishers or niche inventory. Yes, it’s a bit like affirmative action for ad tech, but without it, the ecosystem risks becoming a monoculture of mediocrity. Remember, buyers: today’s small publishers could be tomorrow’s game-changers—if you don’t starve them out first.
3. Limited Transparency in Inventory Quality: Junk In, Junk Out
SPO tools love to brag about their ability to prioritize “premium inventory,” but let’s be honest—it’s often more about serving the cheapest inventory that barely meets the definition of “not garbage.” Think of it like grocery shopping blindfolded: sure, you’ll get a cart full of stuff, but half of it will be expired, and some might just be rocks labeled as apples.
Advertisers are lured into believing their ads are running in the digital equivalent of a Michelin-star restaurant, only to find out later they’ve been slumming it in a greasy spoon. Worse, fraudsters have gotten savvier, sneaking their trash inventory into these “optimized” paths like a smuggler at customs. The result? Brand safety nightmares and plummeting ROI.
Solution: Build better inventory vetting systems. This means forcing SSPs and DSPs to disclose real-time inventory quality metrics, verified by independent auditors. If an SSP can’t prove its inventory is squeaky clean, kick them out of the rotation. Advertisers should also use AI tools to sniff out fraud before it eats half the budget like a digital termite.
4. Inflexible Optimization Rules: Frozen in Time
SPO frameworks are like that friend who only listens to 90s music—they’re stuck in the past, even as the world moves on. Programmatic CTV? Retail media networks? Dynamic audience shifts? SPO tools are often too rigid to keep up, which means advertisers are missing out on the cutting edge while their “optimized” supply chain plays catch-up.
The problem is that SPO systems rely on rules set by humans—rules that are often based on data from yesterday, not the emerging trends of tomorrow. This rigidity locks buyers into inefficiencies that make them slower than a grandma using a rotary phone in the age of smartphones.
Solution: Time to introduce machine learning and adaptive SPO algorithms. These systems need to evolve in real time, learning from live market trends and adjusting supply paths accordingly. The days of static rules are over—if your SPO system can’t pivot faster than a TikTok trend, you’re doomed to irrelevance.
5. Fragmented Identity and Measurement: The Missing Puzzle Piece
Identity in ad tech is the ultimate whodunit mystery: who’s watching this ad, and how do I know it’s working? Without consistent identity resolution, SPO becomes a game of darts in the dark. Fragmented data makes it nearly impossible to target or measure effectively, leaving advertisers throwing money into a black hole and hoping for the best.
This isn’t just a mild inconvenience—it’s a full-blown existential crisis for SPO. If you can’t connect the dots across channels, you’re not optimizing anything; you’re just rearranging deck chairs on the Titanic. And don’t even get us started on attribution—trying to assign credit in this mess is like asking a group of toddlers to agree on who gets the last cookie.
Solution: Invest in unified ID solutions that work across all channels. Industry players need to stop hoarding their proprietary identity tools and start collaborating. If everyone’s using a different set of IDs, we’ll never get a clear picture of what’s working. It’s time to put aside petty rivalries and build a unified framework—or risk watching the whole house of cards collapse. And let’s be honest, only the Trade Desk’s Unified ID Solution 2.0 is the only one that actually works.
SPO needs a radical rethink. Without transparency, flexibility, and collaboration, it’s just another buzzword propping up an inefficient, fragmented system. The ad tech industry loves its jargon, but it’s time to back it up with real change—or watch advertisers and publishers find alternatives that cut out the middlemen entirely.
Attention Metrics: The Ad Industry’s New Favorite Buzzword
2024 will forever be known as the year advertisers got collectively obsessed with attention metrics. And why wouldn’t they? It’s shiny, it’s new-ish, and it promises to fix all your campaign woes in one glorious swoop.
Forget the same old KPIs like impressions or click-through rates—those are so last decade.
Now, it’s all about how well you can grab and hold someone’s precious attention.
The Numbers Don’t Just Talk—They Scream
According to a November 2023 report by the Interactive Advertising Bureau (IAB), 47% of U.S. brands and agencies have leaned into attention metrics this year. A March 2024 follow-up revealed 24% of agency and marketing pros are turning to attention data to plug the gaps left by their floundering measurement strategies. Why? Because while third-party cookies are being dismantled like a bad Lego set, attention metrics promise to be the duct tape that holds everything together.
Breaking it down: attention metrics, per the IAB, are a smorgasbord of methods that could include anything from eye-tracking to surveys. Here’s a taste of what’s on the menu:
Visual and audio tracking: Think eye tracking and facial coding, which can determine whether a viewer is actually looking at your ad or just pretending.
Physiological tracking: Heart rate, blood pressure, maybe even brain waves if we’re getting fancy.
Data signals: Ad placement, publisher metadata, and the actions users take while engaging with your ad.
Survey-based methods: The classic focus groups and brand health studies, still alive and kicking.
Of course, some of these methods require devices that scream “science fair experiment,” while others just lean on the technology already baked into your ad ecosystem.
But let’s be honest: anything involving heart rates and biometric scans is a hard sell for the average marketer, let alone their CFO.
Why Marketers Are Loving Attention Metrics
The IAB has rolled out the red carpet for attention metrics, hailing them as the belle of the ad-tech ball. And honestly, it’s not hard to see why. When your industry’s lifeblood—third-party cookies—is being phased out faster than millennials ditching cable TV, you start looking for alternatives. Enter attention metrics, stage left, offering a trifecta of benefits so shiny, they’re practically wearing sequins.
Instant Feedback: The Snarky Best Friend Your Campaign Didn’t Know It Needed
Remember the days when you had to wait until a campaign was over to figure out if it worked? Attention metrics laugh in the face of such inefficiency. These tools serve up in-flight insights with the kind of speed that would make Usain Bolt jealous. They’re like the snarky best friend who tells you, mid-outfit change, that those shoes do not match the dress. Your ad isn’t performing? Fix it now, not six months later when the quarterly report drops.
For marketers, this means real-time course correction. Is your audience scrolling past your ad like it’s a Terms & Conditions popup? Time to rework that creative. Are they lingering a bit too long on a confusing call-to-action? Rewrite it before they bounce. Attention metrics make sure you’re not just throwing spaghetti at the wall and hoping some sticks—they tell you which noodle landed and why.
Scalability: The Universal Remote of Ad Measurement
If there’s one thing marketers hate, it’s inefficiency. Nobody has time to juggle one measurement tool for retail, another for CTV, and yet another for TikTok influencers hawking skincare products. Attention metrics promise to scale effortlessly across industries, verticals, and platforms, making them the Swiss Army knife of ad measurement.
Whether you’re a Fortune 500 brand or a scrappy startup, these metrics give you the tools to compare campaign performance in every corner of your marketing mix. Need to benchmark your beauty brand against a fast-food chain? Sure, why not. Want to track how your campaign does on Instagram versus connected TV? Easy peasy. Attention metrics are the one-size-fits-all pants of data—because, let’s face it, nobody has the budget for bespoke tailoring anymore.
No Cookies? No Problem
Let’s talk about cookies—the digital kind, not the ones you secretly snack on during Zoom calls. With privacy laws like GDPR and CCPA tightening their grip and browser giants like Apple and Google pulling the plug on third-party tracking, marketers have been scrambling for alternatives. Enter attention metrics, a privacy-first solution that doesn’t rely on following users around the internet like a stalker in a bad rom-com.
Instead of invasive tracking, attention metrics focus on how people engage with your ad in the moment. Did they watch it all the way through? Did they hover over your product carousel? These insights don’t require peeking into someone’s browser history, which means you get actionable data and keep your conscience (and legal team) clean.
The Shiny New Standard (With Strings Attached)
Put it all together, and attention metrics start to look like the gold standard marketers have been waiting for—especially in a post-cookie world where everyone’s tiptoeing around privacy minefields. They’re fast, flexible, and don’t involve you knowing your audience’s shoe size and favorite breakfast cereal.
The Fine Print: What’s the Catch?
For all their promise, attention metrics aren’t exactly perfect. Let’s start with the obvious: they don’t tell you why someone’s paying attention. Sure, you know someone stared at your ad for five seconds, but were they enthralled or horrified? And if they fast-forwarded through it, does that mean they hate your brand—or just needed a bathroom break?
Then there’s the issue of bias. As the IAB notes, attention metrics rely heavily on context. For instance, muting an ad doesn’t always mean disengagement. Sometimes, you just need to silence a screaming toddler while trying to shop for a new blender.
Finally, there’s the elephant in the room: access. Not all platforms or environments are eager to share the kind of data attention metrics rely on. Walled gardens like YouTube and Spotify play their cards close to the chest, and smart TVs and podcasts aren’t exactly easy to track. Even with tools like JavaScript tags and server-to-server integrations, there are limits to what you can measure.
Enter the Big Players: Nielsen, IAS, and Adelaide
For all the skepticism and eyebrow-raising, attention metrics are undeniably the “it” girl of ad measurement in 2024. The deals are flying faster than holiday ads in October, and the industry heavyweights are scrambling to get a piece of the action. Let’s take a closer look at some of the players who are doubling down on attention metrics like they’ve found the Holy Grail—or at least the next best thing to third-party cookies.
Nielsen and Realeyes: Building the Franken-metric Machine
First up, we’ve got Nielsen, the granddaddy of measurement, teaming up with Realeyes, a leader in attention analytics. This is the kind of pairing that screams “legacy meets disruption.” Realeyes brings its AI-powered tools and human-based analysis to the table, offering insights into attention patterns with the precision of a laser pointer on a cat. Nielsen, never one to miss a trend it can fold into its already overstuffed portfolio, plans to integrate these tools into its outcomes-based services.
Translation: Nielsen is betting that attention will be the next big metric brands will fork over cash to understand. And when Nielsen bets, it bets big. They’re basically saying, “We’ve done viewability, we’ve done reach, now let’s figure out who’s actually paying attention and what that means for sales.” If this works, Nielsen could become the Oprah of attention metrics—handing out insights like, “You get attention! You get attention! Everyone gets attention!”
IAS and Lumen: Adding Shine to Programmatic
Meanwhile, Integral Ad Science (IAS) is stepping into the ring with Lumen Research to launch their shiny new toy, “Quality Attention Optimization.” Don’t let the name fool you—it’s not just a buzzword buffet. IAS and Lumen are targeting programmatic and social media campaigns, where attention metrics could be a game-changer. Why? Because programmatic ads have historically been the Wild West of digital marketing, with dubious inventory and questionable engagement rates.
By measuring how ads perform on platforms where attention spans are shorter than a toddler’s, IAS is effectively trying to make sense of the chaos. It’s the ad-tech equivalent of corralling feral cats—if they pull it off, they’ll have marketers eating out of their hands.
Adelaide and Its “Attention Units” (AUs): Playing the Long Game
Then there’s Adelaide, the scrappy disruptor of the bunch, doubling down on its proprietary “Attention Units” (AUs). They’re not just throwing these metrics into the wind and hoping they stick—they’ve submitted them to the Media Rating Council (MRC) for accreditation. If they get that coveted stamp of approval, it’ll be a game-changer. Why? Because MRC accreditation is the ad industry’s version of the Michelin Guide. It’s not easy to get, but when you do, it screams credibility.
Adelaide isn’t stopping there. They’re also integrating their AUs into publisher tools, meaning they’re not just appealing to advertisers but trying to sell the whole ecosystem on the value of attention metrics. It’s a bold move, but if it works, Adelaide could become the Kleenex of attention measurement—a brand so synonymous with the category that everyone else becomes “those other guys.”
The New York Times: Reinventing Old-School Media
Even the legacy publishers are getting in on the attention game. The New York Times, long considered the standard-bearer of print, is partnering with Adelaide to benchmark its ad inventory with attention data. It’s a bold pivot for a company that could easily rest on its laurels, selling ad space based on prestige alone. Instead, they’re leaning into attention metrics to prove their inventory isn’t just premium—it’s impactful.
The Times isn’t stopping there. They’ve committed to tying attention metrics directly to advertiser performance, which is basically the publishing equivalent of putting their money where their mouth is. In other words, they’re saying, “We’ll show you exactly how our ads drive engagement, not just impressions.” It’s a clever way to keep advertisers coming back for more and to remind everyone that print isn’t dead—it’s just evolving into something smarter and more accountable.
The Biometric Buzzkill
Biometric tracking might sound like the high-tech future of advertising, but let’s be real—it’s teetering on the edge of “Black Mirror” territory. Eye-tracking? Heart-rate monitoring? It’s all very Tony Stark designing the next Iron Man suit in theory, but in practice? It’s a bit like asking your audience to wear a Fitbit while watching an ad for cat litter. Sure, it might give you insights, but at what cost?
For starters, it’s invasive. You’re essentially asking people to offer up their biometric data—arguably the most personal information they have—just to see if they paid attention to your ad. It’s like inviting someone over for dinner and asking for their blood type at the door. On top of that, it’s expensive. The hardware and software required to collect and analyze biometric data aren’t exactly budget-friendly. And then there’s the terrifying factor. Who really wants a brand knowing their pulse rate spikes every time a car commercial comes on?
And let’s not forget the elephant in the room: privacy concerns. In a world where TikTok dances can spread faster than a wildfire and “GDPR violation” rolls off the tongue of every marketer, biometric tracking is a lawsuit waiting to happen. One rogue data breach, and you’re the next headline: “Brand Tracks Heart Rates, Gets Sued by Everyone With One.”
Even Nielsen Got the Memo
Nielsen, ever the trailblazer in the measurement world, once dabbled in the dark arts of neuroscience. Their now-defunct Nielsen Neuro division experimented with biometrics to measure things like attention and engagement. But even they’ve backed away from the biometric abyss. Why? Because the risks outweigh the rewards. It’s hard to sell clients on the value of tracking brain waves when the public backlash sounds like, “Are we living in a dystopia now?”
Enter Nielsen’s deal with Realeyes, a partnership that keeps things safer, simpler, and significantly less terrifying. Realeyes focuses on creative evaluation and mental engagement—more about what people think and less about how fast their hearts are beating. It’s a savvy move. By shifting away from biometrics, Nielsen is leaning into metrics that provide actionable insights without creeping out their audience or setting off the privacy alarm bells.
The Safer Bet
The pivot to Realeyes signals a clear message: advertisers are realizing that just because you can measure someone’s physiological responses doesn’t mean you should. Instead, tools like Realeyes help brands analyze attention patterns and emotional engagement using AI-powered models and predictive analysis. Translation? You still get useful data without hooking your audience up to machines like lab rats.
In short, biometric tracking may sound futuristic and innovative, but for now, it’s better left in the lab—or in sci-fi movies. Because when it comes to ad measurement, the line between “cutting-edge” and “creepy” is thinner than a strand of DNA.
Attention Metrics: Savior or Snake Oil?
At the end of the day, attention metrics are exactly what the ad industry thrives on: a shiny new toy, full of promise, with just enough buzz to keep marketers excited and budgets flowing. They’re the latest chapter in the never-ending quest to measure what works. But let’s not fool ourselves—they’re no magic bullet. Like any tool, attention metrics are only as good as the data you feed them and the context in which they’re used.
The real question isn’t whether attention metrics will stick around (spoiler: they’re not going anywhere). The real challenge lies in how they’ll evolve—and whether the industry can find a way to wield them responsibly. Because here’s the thing: the last thing we need is yet another metric that starts with lofty promises and ends with brands wondering why they’re still paying for banner ads on sketchy websites.
But here’s the flip side: attention metrics could be the hero we need—if we get them right. By focusing on real engagement, they can shift the industry away from the outdated obsession with vanity metrics like impressions and clicks. They have the potential to elevate advertising to something more meaningful, measuring not just whether someone saw an ad but whether they connected with it.
Looking Ahead: Opportunity on the Horizon
The road ahead for attention metrics is both exciting and challenging. The tools and technologies are already improving, from AI-powered analysis to smarter integrations with media platforms. Publishers are starting to embrace them, advertisers are getting savvier, and the ecosystem is moving toward more accountability.
Yes, there are hurdles: privacy concerns, walled gardens, and the perennial issue of bias. But these are problems the industry can solve—if we approach attention metrics not as a silver bullet but as part of a broader, smarter strategy.
Bottom Line: Attention metrics are more than a trend; they’re the next step in the evolution of advertising. They’re not perfect, but they’re promising—and if the industry leans in with both innovation and caution, they could revolutionize how we measure success. So, pay attention—because the future of advertising is watching.
I’ve been talking shop with some of the sharpest creative minds on my show lately (Season 3 is brewing—sponsors, slide into my DMs). And here’s the kicker: everyone’s still chasing that mythical beast, the Perfect Ad.
Spoiler alert: it’s as elusive as ever.
In a world where attention spans barely outlast a TikTok trend, the Perfect Ad is the marketing world’s Bigfoot. People swear they’ve spotted it on TikTok, Instagram Reels, or YouTube Shorts.
But try to get a clear picture, and all you’ve got is some blurry nonsense and a million opinions.
If you’re in marketing, forget selling shampoo or sneakers—you’re now peddling lifestyles, vibes, and existential dreams, all in under 15 seconds. Mad Men-style storytelling? Please. The game today is speed dating on Adderall.
Hook them fast, or they’re off to watch a goat play the ukulele.
The TikTokification of Everything: Ads, But Make It Vibes
Social media has gone from being a platform to being the platform—a lifestyle, a search engine, and, for the perpetually online, a full-blown religion. And the high priest? TikTok. Gen Z isn’t “googling it” anymore; they’re TikToking their way to answers, inspiration, and shopping carts. Need a recipe for lasagna, a skincare routine, or an irrationally expensive water bottle? TikTok’s got you covered in 15 seconds or less, probably with a trending audio and someone doing a silly little dance.
Here’s the kicker: 74% of Gen Z uses TikTok as their primary search engine.
Let’s take a moment of silence for Google, which is now that sad, forgotten app next to the stock weather widget. Somewhere in Mountain View, execs are stress-eating kale chips while brainstorming how to make search results feel “snackable.”
But TikTok isn’t just a search engine—it’s a vibe.
It’s where ads go to live or die based on their ability to blend seamlessly with cat videos, dance trends, and chaotic cooking tutorials. The days of polished, glossy ads with A-list celebrities endorsing your product are over.
Today’s winners look like they were filmed in someone’s messy bedroom, with the lighting from a desk lamp and the energy of “I just woke up and remembered this cool thing I have to share.”
Ads That Don’t Feel Like Ads
Here’s the thing about Gen Z: they can smell a scripted ad from a mile away, and when they do, it’s an instant swipe. Ads that look too polished, too rehearsed, or too much like something your parents would nod approvingly at? Dead on arrival.
The secret sauce of TikTok ads is their ability to feel authentic, raw, and—this is crucial—fun. If it doesn’t look like it was created by their favorite creator on a whim, you’ve already lost them to the next #LifeHack video.
The beauty of TikTok’s influence is that it’s turned advertising into an interactive, participatory experience. The best TikTok ads don’t just sell a product; they invite the viewer into a moment. It’s the makeup tutorial where the influencer casually mentions the product as a must-have.
It’s the cooking video where the brand’s logo flashes briefly but memorably. It’s the unboxing video that feels less like an ad and more like a peek into someone’s life.
From High-Gloss to High-Vibes
This is where things get interesting. TikTok isn’t just killing the old rules of advertising—it’s holding a full-on funeral for them. The overly produced, perfectly lit, meticulously edited ads of the past? They’re as irrelevant as a Facebook poke. In the world of TikTok, imperfections are the new perfections. Ads with awkward cuts, real human moments, and just a little bit of chaos? Those are the ones that go viral.
It’s not about being polished; it’s about being real. Real funny, real relatable, or real useful. If your ad doesn’t make people think, “Wow, that’s so me,” or at least laugh out loud, it’s destined to be scrolled into oblivion.
The Gospel According to TikTok
TikTokification isn’t just a marketing strategy; it’s a philosophy. Brands that thrive in this space understand one key thing: it’s not about dominating the feed; it’s about becoming part of it. The ads that work are the ones that feel like they belong alongside the latest viral challenge or someone’s chaotic recap of their worst Tinder date.
If you’re a marketer wondering how to crack this code, the answer is simple: let go. Stop obsessing over control, perfection, and branding guidelines that read like legal documents. Start embracing the weird, the messy, and the unexpected. Because in the TikTok era, ads aren’t just selling products—they’re selling vibes. And if your vibe’s off? Swipe.
AI: Your Overhyped Assistant
Ah, AI—the thing every marketer is pretending to understand. Sure, it can sift through data, identify creators, and spit out recommendations, but let’s not kid ourselves: AI isn’t creative. It’s efficient. It’s the intern who organizes your spreadsheet, not the genius who comes up with the next “Got Milk?” campaign.
But AI does have its place. Need to find creators who align with your brand? Great. Want to optimize performance by testing a million variations of your ad? Cool. Just don’t expect it to replace the messy, brilliant spark of human creativity.
Behind the Curtain: The Creative Grind
You’ve seen it—a shiny, scroll-stopping 30-second ad that feels effortless, as if it just materialized. But let’s pull back the curtain. Behind every great ad is a frenetic, caffeine-fueled process that looks less like a sleek marketing team and more like a group project gone slightly off the rails.
It all starts with research, and not the boring kind. Well, unless you’re over 50. Which is, sorry to say very soon, me.
Think trend-stalking on TikTok at 2 a.m., doomscrolling Instagram for inspiration, and frantically Googling what Gen Z cares about this week (spoiler: it’s probably something they’ll mock by next week).
The best brands don’t just study trends—they camp out in their audience’s digital backyard, watching their every move like a marketer-turned-PI.
And yes, stalking competitors is part of the game.
If your rival just nailed a viral ad, you’re not taking notes; you’re rewriting your entire strategy.
Then comes the brainstorming. Sounds glamorous, right? Imagine a room full of creatives spitballing ideas while guzzling overpriced cold brew. In reality, it’s more like 50 terrible ideas, one decent one, and the crushing realization that maybe a TikTok dance isn’t the right way to sell life insurance. It’s trial, error, and praying someone has a lightbulb moment before the snacks run out.
And let’s not even start on the execution phase: endless creative briefs, pitch meetings, and revisions that multiply faster than a rabbit colony.
“Can we make it pop more?” “What if we try adding another influencer?” “Does this scream ‘authentic’ or just whisper it?”
By the time the ad finally comes together, the team’s consumed enough coffee to power a mid-sized nation and sacrificed their sanity on the altar of marketing.
The Wildcard: Micro-Influencers
Enter the unsung heroes of modern advertising: micro-influencers.
These niche creators don’t have millions of followers, and that’s their power. They’re relatable. They’re trusted. And they know how to connect with their audience in a way that feels natural, not scripted. When they endorse a product, it’s not, “Look at me, I’m a celebrity, buy this!” It’s, “Hey, I love this thing, and you might too.” The difference?
One feels forced, the other feels like a recommendation from a friend.
If your ad strategy doesn’t include micro-influencers, you’re playing the game wrong. They’re the bridge between brands and consumers, turning product pitches into authentic conversations. And when done right, their content doesn’t just sell—it builds trust, loyalty, and that holy grail of marketing: community.
The Anatomy of “Perfection”: Building the Unicorn Ad
Alright, fam, let’s get into it. Whether you’re a double-shot-latte brand manager or an intern trying to make your mark, chasing the Perfect Ad is like manifesting your crush sliding into your DMs—it’s mostly wishful thinking.
But if you’re stubborn enough to try, here’s the blueprint for getting close to that rare aesthetic: almost perfect.
Snatch Their Attention or Get Scrolled
This isn’t the 2000s where you had five minutes to explain yourself. You’ve got three seconds—the length of time it takes someone to decide if your ad is a vibe or a total cringe-fest. If you’re not making them stop mid-scroll, you’re already in the digital trash.
Think bold. Think chaotic. Think the energy of a raccoon breaking into a Taco Bell. Whether it’s a flying baby Yoda meme or an avocado proposing to toast, your hook needs to slap harder than that viral corn kid. It’s gotta make someone yell “OMG, same!” and hit replay before they even realize it’s an ad.
Make It Audibly Lit
Audio is the new drip, and if your sound design isn’t on point, your ad might as well be muted. A catchy sped-up remix or a chaotic-but-funny voiceover can turn your clip into a banger. It’s all about creating a vibe that makes someone say, “Wait, what’s this song?” as they Shazam your ad mid-scroll.
TikTok has already trained everyone to expect iconic sounds. Your ad needs to belong on a playlist, not just the For You Page. If it doesn’t make someone bop their head or chuckle out loud, start over.
Slide into Feeds, Not Sales Pitches
Hard sells are dead. Nobody wants to feel like they’re being pitched to, especially not Gen Z. Your product needs to be the quiet, cool kid at the party who casually drops a fire playlist, not the loud one who won’t stop shouting about their crypto portfolio.
The trick is to make your product part of the story, not the star. Instead of screaming, “Buy this new water bottle!” try, “Here’s how this bottle saves me from looking like a dehydrated cactus.” It’s all about making it feel like a life hack, not a sales pitch.
Fix Their Chaos, Fast
Nobody cares about your product unless it solves a problem. Sell mascara? Show how it survives a Netflix marathon, a workout, and a surprise FaceTime. Pushing snacks? Prove they’re the cure for 3 a.m. existential crises and mid-finals panic attacks.
Your ad needs to make people think, “Wow, how did I even live before this?” If they’re not internally screaming, “Take my money!” you’ve missed the mark.
Edit Like It’s the Oscars, But Make It TikTok
Editing is everything. If your ad doesn’t move faster than someone swiping past an ex’s Instagram Story, it’s game over. Snappy cuts, unpredictable transitions, and a little chaos keep the vibe alive. Think of your ad like a TikTok trend: fast, fresh, and impossible to ignore.
Your goal is to keep the energy so high that viewers are too busy vibing to realize they’re being marketed to. If it drags for even a second, you’ve lost them to a video of a golden retriever driving a toy car.
A little messiness and unpredictability go a long way in standing out. In a sea of polished perfection, being a little chaotic can be exactly what makes you unforgettable.
Stop Chasing Perfection, Start Chasing Connection
Here’s the plot twist nobody tells you in marketing school: the perfect ad doesn’t exist. Perfection is a myth, and chasing it is a waste of time and resources.
What does exist is the right ad—the one that makes someone stop mid-scroll, laugh, cry, or think, “That’s so me.”
The ads that win aren’t the polished ones following a step-by-step formula. They’re the ones that lean into the messiness of being human. They take risks.
They don’t just aim for attention; they aim for connection. Maybe it’s a quirky joke, an unexpected moment of vulnerability, or a bold choice that feels almost too weird—but it works.
Authenticity is the new perfection, and it doesn’t play by the old rules. That means letting go of the fear that your campaign will flop or that your creative risks might ruffle feathers. Safe ads are forgettable ads, and in a world drowning in content, forgettable is worse than bad.
So, stop obsessing over flawless lighting and perfectly worded scripts.
Start leaning into the chaotic, emotional, sometimes awkward process of making ads that feel something. Because at the end of the day, nobody remembers the ad that played it safe—they remember the one that hit them in the gut, made them laugh until they snorted, or inspired them to share it with a “this is so us” caption.
Now go forth, embrace the mess, and pray your next campaign doesn’t get upstaged by a skateboarding cat with a GoPro.
Actually, scratch that—if the cat fits your brand, put it on payroll.
Ah, display ads. Like bell-bottoms and vinyl, they’ve been declared dead so many times they’re practically immortal. “Who’s even looking at banner ads anymore?” you might scoff as you doom-scroll through TikTok or Instagram Reels for the third time today. But here’s the thing: display ads aren’t dead—they’re just stuck in an awkward midlife crisis.
And while we’ve all been busy obsessing over the flashy new kids on the block—CTV, short-form video, and apps—the web has been quietly waiting for someone to realize it still has potential.
Paul Bannister, CSO of Raptive, broke it down on The ADOTAT Show. “Display isn’t dead,” he said. “But the real question is, can the web be relevant as more things like CTV, TikTok, and Reels eat more time?” It’s a valid question.
The web, once the digital land of milk and honey, now risks becoming the neglected family sedan sitting in the driveway while everyone fawns over electric cars.
Let’s unpack this.
Third-Party Cookies Are Over. Move On.
Remember the industry freakout when Google announced they were axing third-party cookies from Chrome? Then remember when Google said, “Wait, not yet”? It was like watching someone throw a tantrum, only to be handed a lollipop. But the temper tantrum missed the point entirely: cookies are already obsolete for 70% of web users.
Bannister laid it out plain: “The open internet has a lot more transparency than walled gardens do… you have better transparency on the open internet.” While adtech spirals into panic mode, the reality is that a huge swath of consumers already exists in a post-cookie world. Chrome? Sure, it’s still dominant, but 40% of Chrome sessions are already cookieless, thanks to incognito browsing or users who—shocker—don’t want to be tracked like a deer during hunting season.
Meanwhile, Apple has shoved tracking into a coffin with its App Tracking Transparency (ATT) framework, and Google is slowly doing the same with Privacy Sandbox. Yet many advertisers are still glued to third-party cookies like it’s 2012. Let it go.
Publishers: Stop Phoning It In
Here’s where publishers enter the chat. For years, they’ve been the misunderstood middle child of digital advertising—overlooked, undervalued, and underpaid. But while adtech has been sobbing over signal loss, publishers have quietly been sitting on a goldmine: first-party data.
According to Bannister, “You can either be big, like a giant pool of inventory that can be optimized, or you should be small and super niche and targeted and know your audience better than anybody. Anybody who’s in between those two points is really going to struggle.” Translation: go big, go niche, or go home.
Publishers who know their audiences—and I mean really know them—have the opportunity to build solutions that actually perform for advertisers. First-party signals are already driving results that third-party cookies can’t touch. Bannister noted that publishers who apply their data to impressions can see yield grow by up to 76%. Imagine leaving that money on the table because you’re still trying to optimize a half-dead banner ad.
So, What’s Next? High-Impact Innovation
Let’s be real: most display ads are boring. Users ignore them, advertisers underpay for them, and publishers treat them like necessary evils. That’s a problem. As Bannister put it, “How do we do more high impact, how do we do more native, how do we do more things that can drive more value for advertisers and drive more value for us and our publishers as well?”
He’s right. Slapping generic banners all over the web isn’t going to cut it. Publishers need to pivot toward high-impact formats, native integrations, and experiences that actually engage users. Think less “one-size-fits-all CPM fodder” and more “premium inventory that marketers can’t ignore.”
And let’s not forget transparency. The open internet still has the edge here. While walled gardens like Facebook and Google keep advertisers in the dark, the web can offer clearer insights and cleaner partnerships. That transparency doesn’t just build trust—it builds budgets.
The Advertiser’s Dilemma
Let’s be real: advertisers, you’ve been throwing so much money at the walled gardens you might as well set up direct deposit with Facebook and Google. It’s easy, it’s scalable, and it feels like it’s working—until you step back and realize you’re pouring buckets of cash into platforms that give you opaque results and zero control. Meanwhile, you’ve forgotten what a real partnership with a publisher can actually do for you.
Instead of chasing after the last crumbs of third-party cookies—like some sad, broken vacuum—it’s time to wake up and embrace a smarter future: publisher collaborations and data-driven contextual targeting. Why? Because publishers have what you need: first-party signals that are clean, compliant, and, most importantly, effective.
And this isn’t some pie-in-the-sky fantasy. Publisher-first-party data has already proven itself, doubling or tripling reach compared to your tired cookie-based strategies. Think about that: twice or three times the reach of the shrinking audiences you’re scrambling to find on platforms. Oh, and the cherry on top? These signals don’t just scale—they convert. Increased sales, lower CPAs, and long-term sustainability. All while respecting consumer privacy. It’s the holy grail you’ve been ignoring.
But here’s the catch: this shift requires you to actually think differently. Lazy media strategies that funnel 80% of your budget into the same three platforms? They’re not going to cut it anymore. You need to diversify, put some trust back in the open web, and treat publishers like strategic partners, not afterthoughts. Build campaigns that leverage their first-party data, create real audience connections, and stop expecting walled gardens to solve all your problems. Spoiler: they won’t.
The clock is ticking, and the era of buying ad impressions on autopilot is over. The publishers are ready, the technology exists, and the audiences are there—if you’re willing to meet them.
A Reality Check from Outside the Bubble
If you think this is just theoretical, let me hit you with a dose of reality. While the ad industry continues its existential meltdown over cookies, the real players—the ones with actual skin in the game—are moving forward. Brands like Coca-Cola and Disney aren’t waiting around for the industry to figure itself out. They’re already re-writing the playbook, investing in integrated partnerships and leveraging AI to deliver hyper-personalized strategies that work. You know, the stuff that actually reaches consumers and drives results.
Take Disney. It’s not just pumping out content for Disney+ and calling it a day; it’s also weaponizing its data infrastructure to bridge the gap between streaming audiences and advertiser dollars. Coca-Cola? They’ve stopped throwing money at spray-and-pray strategies and are instead treating data partnerships as table stakes. These companies understand that the future isn’t in endless, outdated CPM buys—it’s in precision, personalization, and collaboration.
Meanwhile, the walled gardens—yes, I’m looking at you, Google, Facebook, and Amazon—are getting harder to trust. Transparency? Forget about it. Advertisers are pouring billions into these ecosystems only to be handed a pixelated black box with a wink and a shrug. “Trust us, it worked.” Great—until you realize you’re spending millions to “target” users who are bots or people who couldn’t care less.
Here’s the uncomfortable truth: advertisers are starting to wake up to the fact that walled gardens are less utopia, more feudal system. You get a small plot of data, pay heavy taxes (ahem, margins), and if you don’t like it? Tough. The platforms own the audience, not you.
The brands winning in this landscape are the ones not tethered to legacy thinking.
The future belongs to those who innovate and collaborate, not those who stubbornly cling to third-party cookie crumbs and outdated attribution models. You either partner with publishers who know their audiences—or you keep throwing money at algorithms that can’t tell the difference between a loyal buyer and a Russian troll farm.
Final Thoughts: Stop Writing the Web’s Obituary
Display advertising isn’t dead, but it’s been coasting on fumes for far too long. The web still matters—it’s not some relic of the dial-up era—but let’s be honest, it needs a serious glow-up. High-impact ads that don’t look like wallpaper, native formats that respect the user experience, and first-party data partnerships that connect brands to audiences in meaningful ways—these are the lifelines.
The open internet can’t win by playing defense while TikTok, CTV, and short-form video hoover up attention spans. It’s like showing up to a sword fight with a spoon. The web has to go on offense—and I mean bold, innovative, “oh, that’s actually interesting” offense—building tools and solutions marketers can’t find anywhere else.
Because here’s the thing: publishers have the data. Advertisers have the budgets. The only thing they don’t have? A collective backbone to collaborate and innovate, instead of sleepwalking back into the arms of the walled gardens.
As Paul Bannister put it when we talked on The ADOTAT Show: “Trying to expand the pie of the industry is a big deal. The more transparent you can make the open internet, the more buyers will trust what they’re buying and spend more money.”
Translation: advertisers need clarity, publishers need fair value, and the open internet has to stop acting like the underdog.
Transparency isn’t just a buzzword—it’s the bridge to getting buyers off the sidelines and dollars flowing back into quality inventory. You don’t win trust by building black boxes; you win it by building better.
So, can we please stop writing obituaries for display ads? Stop treating the web like a washed-up TV star waiting for its next reality show cameo. The potential is there. The infrastructure exists. The consumers are still browsing (despite what Gen Z’s TikTok addiction might suggest).
What’s missing is a spark—something that lights up the open web with innovation that actually delivers. The brands that embrace this new reality, the publishers that get creative, and the advertisers that ditch their cookie addiction? They’ll win.
The web’s not dead. It’s just waiting for someone to stop dithering and set it on fire
The Federal Trade Commission is watching the healthcare lead generation industry closely.
On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and provide about deceptive or unfair claims that likely violate laws enforced by the FTC.
The letters were sent to companies that provide marketing or advertising, including lead generation, related to Affordable Care Act Marketplace health insurance and healthcare-related products, such as limited benefit plans and medical discount programs.
“It is critical for consumers’ health and financial well-being that marketers of health plans be honest about the plans they and their partners are offering,” said FTC attorney Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “The FTC has been watching this important sector closely, especially during open enrollment season, and these warning letters put companies on notice that unlawfully marketing or advertising health plans to consumers can result in serious legal consequences.”
Based on information collected by FTC staff and the agency’s enforcement experience in this area, the types of claims FTC staff has warned about include those that may:
misrepresent the benefits included in a healthcare plan, including any insurance benefits;
misrepresent that a healthcare plan is major or comprehensive medical health insurance or the equivalent of such health insurance;
misrepresent the costs of healthcare plan; and
falsely claim that consumers who enroll in a healthcare plan will receive free offers, cash rewards, rebates, or other incentives.
While the letters do not allege any wrongdoing by any of the recipients, they encourage the companies to conduct a thorough review of their advertisements to ensure they are complying with applicable laws and rules, and the letters note that the FTC is closely monitoring this marketplace for unlawful conduct that is harming consumers.
Look, marketing land is littered with marketers clinging to old-school attribution models tighter than a toddler with a filthy stuffed bunny. In a world where everyone’s pretending their last click attribution model is the Holy Grail—and not some rickety relic stinking of stale Cheetos—one duo is here to yank the security blanket out of your sweaty little fists. On one side, there’s a guy hosting the discussion in a neck brace, “because nothing says resilience like debating ad tech with limited mobility.” That’s from the transcript, not some fever dream.
On the other side, a CEO who spells “Incremental” as if vowels were an optional in-app purchase. Together, they’re ripping the Band-Aid off deterministic attribution and exposing it as that funky-smelling blanket you’ve been lugging around for way too long.
“Markers do treat deterministic attribution like their childhood security blanket, even when it’s frayed and full of holes,” says Pesach Lattin. Try explaining that to the crowd still insisting that the last click is the best thing since shakshuka. He even relates it to Hebrew, pointing out how “Hebrew does kind of have vowels, as Nikudot,” but mostly you’ve got to guess them.
Incremental’s weird vowel-hating name is the perfect metaphor for marketers who guess at results rather than face reality.
What’s at stake? Well, “if you’re a marketer and you’ve been getting your bonuses based on performance and suddenly someone shows you that the performance actually isn’t there… do you really want to know?”
That’s Maor Sadra calling out the emperor’s new clothes—except the emperor here might be a CMO working on borrowed credibility. He drops a reference to Apple “breaking things” just enough to nudge marketers into a new era without being too nice about it. Meanwhile, Google’s still sipping sangria on the beach, not quite breaking enough to force the marketing world to face the music. “Yeah,” Sadra adds, “Google hasn’t broken everything yet.”
They talk “incrementality,” a term that sounds like an academic sneeze but is actually about testing what changes in marketing actually move the sales needle—without deluding yourself into thinking one click caused the heavens to part and the cash registers to sing. As Sadra puts it, “Incrementality was like you turn on advertising, turn off advertising, spot the difference. It wasn’t rocket science.” How’s that for rubbing salt in the wound? You got fooled by deterministic attribution when a simple on-off test could have told you the truth.
Speaking of truths, AI is tossed into the blender. Is it a scalpel, a sledgehammer, or a glittery rock? According to Sadra, it’s “All the above,” and that’s not even a cop-out—he means it literally. Today’s AI can turn a company’s valuation into a rocket ship (see: up lovin’s stock price), make lazy marketers lazier, or just get sprinkled around like confetti to dazzle the easily impressed. Meanwhile, VR and AR continue their existential crisis. Sadra’s not out to kill them—he admits he wants Vision Pro or something similar to be the future—but let’s be honest, those bulky headsets are about as graceful as a hippo in stilettos. And if Apple’s making progress, it’s still baby steps. On the other hand, he notes that we can all have full conversations with generative AI and basically forget we’re talking to a machine. Congratulations, humanity, we’ve anthropomorphized the algorithms.
Then there’s the big existential question: is marketing a lavish casino where everyone’s losing more than they win? Spoiler: yes. Sadra recalls the Uber fiasco, where cutting 80% of ad spend changed nothing. Imagine the horror: an entire marketing stack exposed as a glorified bonfire. “I was the last one laughing,” Sadra says, after refusing to sign an absurd insertion order that others eagerly took. That’s not just tea spilled—that’s a tsunami of truth drowning the gullible.
So why does this happen? Why do marketers throw good money at bad campaigns? “Wasting ad spend is inherent part of the model,” Sadra explains, basically calling the industry a glorious, accepted mess. Without a certain amount of waste, the whole economy might implode. “If our world becomes 100% efficient tomorrow, the global economy will collapse,” he says. So guess what, inefficiency is the glue holding this insane puzzle together. Maybe stop crying over spilled impressions and start owning the reality that perfect efficiency would kill us all.
Ethics, that old chestnut, comes up too. Are marketers basically sleazy spies tracking your every move? Well, yeah, kind of. Sadra’s refreshingly blunt: “If I’m willing to use your service, then you get to use my data and monetize me and show me better ads. I’m fine with that.” It’s the devil’s bargain we’ve all made with “free” services. The user complains about creepy surveillance, but nobody wants to pay for email or cat videos.
We’ve sold our souls for convenience, and here we are. Regulators waltz in, trying to fix things, but end up aiding the big platforms. Sadra shrugs at privacy paranoia, basically saying, “No one’s spying on you maliciously; we just want to drive relevant ads.” Maybe he’s drinking the Kool-Aid, or maybe he’s just telling it like it is.
If you think the solution to marketing’s ethical swamp is contextual targeting, guess again. Sadra suggests the future is first-party data and AI-powered decision-making. Let the machines handle the impossible complexity. Humans can’t juggle trillions of impressions any more than they can lick their own elbows. The marketing professional of the future might just set budget caps, upload creative, and watch the machine do the heavy lifting. “It’s not humanly possible,” he says. “It’s all going to be automated.”
As for VR and AR, he’s not trashing them. He simply doesn’t think they’ve arrived. It’s like putting on a fancy costume before you learn to walk: great idea for later, but let’s not pretend it’s the present. He’d love to see AR interfaces everywhere, screens turned into personal billboards that recognize you like an old friend. Privacy fans just fainted at the suggestion, but it’s coming, at least if we trust our weird tech destiny.
On a desert island scenario (because why not?), Sadra mentions he’d bring his co-founder and maybe even drag Elon Musk along. “If I had to bring someone else from the ad world,” he muses, “Scott Galloway,” or maybe Terry from Luma. Just picture these folks trying to negotiate incremental coconuts as currency. The bigger point: strip away fancy dashboards and industrial-scale data, and it all comes down to storytelling and survival. A-B testing and scenario planning are great, but try doing that without Wi-Fi. Suddenly, marketing becomes what it always was: trying not to starve and convincing someone to share their limited resources.
The journey that led these people here wasn’t always glamorous. Sadra started as a cleaner at an ad tech company—yes, a janitor—who impressed his future boss by never taking a sick day, and that hustle got him a ticket into the industry. It’s a rags-to-riches trajectory that reminds everyone that hard work can pay off, even if the industry is a carnival game rigged with smoke and mirrors.
So how do we leave this carnival? Maybe we don’t. Maybe we just accept that incrementality is the new religion and pray that AI gets better at telling us which half of our budget is wasted. Or we learn to love the chaos, knowing that if we ever did achieve perfect efficiency, we’d wipe out the entire advertising ecosystem and cause an economic apocalypse. Marketers might embrace privacy as a selling point, or maybe they’ll shrug and say, “Hey, you like free stuff, right?” It’s the trade-off we’ve made. Nothing personal, just business.
In the end, if you’re clinging to deterministic attribution as if it’s the Dead Sea Scrolls, it’s time to shake loose. You’re as stuck in the past as someone bragging about their dial-up modem. The future is about testing, learning, and acknowledging that success doesn’t come from one magical click but a series of nudges and a willingness to confront uncomfortable truths. The real superpower marketers should crave isn’t time travel or mind-reading; it’s the ability to admit they’ve been wrong and fix it before the CFO throws them overboard.
In a move that has the advertising world clutching its collective coffee cups a little tighter, Omnicom Group has thrown down the gauntlet—and not just any gauntlet, but one glittering with the promise of turning the industry’s landscape into their personal playground. On Monday morning, Omnicom announced its audacious plan to acquire Interpublic Group (IPG), potentially creating the heavyweight champion of advertising with a combined punch of over $25 billion in annual revenue. If this merger goes through, it won’t just be a merger; it will be the corporate equivalent of Beyoncé and Jay-Z joining forces—massive, influential, and impossible to ignore.
Picture this: two titans meeting in the boardroom arena, suits swishing like capes as they execute a flawless unanimous agreement on an all-stock deal. It’s the kind of high-stakes dance that sends Wall Street into a frenzy and makes even the most stoic shareholders’ hearts skip a beat. John Wren, Omnicom’s venerable CEO, and Philippe Krakowsky, the fresh-faced leader of IPG, are now set to co-pilot this mega-ship. Think of them as the Batman and Robin of the ad world—only instead of fighting crime, they’re out to conquer the digital marketing universe.
In their joint manifesto, the newly engaged couple promised to unleash $750 million in annual cost synergies. That’s right, folks—$750 million! It’s like finding a hidden treasure chest at the bottom of a corporate ocean, just waiting to be plundered for operational excellence and killer profit margins. But let’s not kid ourselves; behind the glittering promise of cost savings lies the inevitable reality of job cuts and restructuring. It’s the corporate equivalent of a reality TV makeover—exciting on the surface, but with plenty of drama simmering beneath. Employees across both conglomerates are bracing for the shakeup, knowing that with great synergy comes great upheaval. The promise of efficiency is sweet, but so is the bitter taste of uncertainty that comes with it.
Of course, no grand romance is complete without a few obstacles. The deal is currently courting approval from shareholders and the ever-skeptical regulatory bodies like the FTC and DoJ. Imagine the merger as a couple trying to sneak past the stern gatekeepers of competition law—will they charm their way through, or will the regulatory hawks tear their plans to shreds? With the political climate favoring big business and a potential Trump-in-residence scenario, some pundits are betting that Omnicom and IPG will waltz past these hurdles with a wink and a nod. Yet, the specter of antitrust battles looms large, threatening to turn this corporate love story into a courtroom drama worthy of primetime TV.
This merger isn’t just a lovechild of two marketing giants; it’s also a lovefest for the health marketing sector. Omnicom Health Group and IPG Health are about to become one big happy family, complete with consulting firms, medcomms shops, patient advocacy, and clinical trial management services. It’s like the Avengers assembling all their specialized heroes into one unstoppable force—each agency bringing its unique superpower to the table, ready to tackle the challenges of healthcare marketing with data-driven finesse and creative prowess. The consolidation promises to streamline operations and create a powerhouse capable of handling everything from strategic consulting to hands-on clinical trial communications with the finesse of a Swiss watchmaker.
With Omnicom and IPG merging, they’re not just playing with the big boys—they’re stacking themselves up to outshine Publicis Groupe and WPP, the current titans with the largest market caps. Picture this: the corporate equivalent of a heavyweight boxing match where Omnicom-IPG is not just stepping into the ring but aiming to land the knockout punch. Their secret weapon? A combined heft in AI and data analytics that’s set to transform the advertising landscape from a sluggish chess game into a hyper-speed, algorithm-driven frenzy.
Simon Nicholls from GP Bullhound isn’t mincing words—he likens this merger to a seismic shift, a tectonic upheaval that’s about to rearrange the very foundations of the industry. Think of it as the moment the ground cracks open and reveals a new layer of strategic depth and technological prowess that no one saw coming. Meanwhile, Martin Sorrell of S4 Capital is throwing some serious shade, dismissing the AI ambitions with a snarky remark: “a merger of two drunkards leaning against the lamppost as far as AI is concerned.” Classic Sorrell, always ready to cut through the hype with a sharp jab, questioning whether Omnicom-IPG’s AI dreams are more stumble than stride.
But let’s get real—this isn’t just about stacking up revenue numbers and flexing market caps. It’s about who’s going to control the narrative in an industry increasingly written by cold, calculating algorithms and driven by relentless data streams. Omnicom-IPG is positioning itself to not only keep up with but also dictate the pace of innovation, using AI to predict consumer behavior with eerie accuracy, tailor campaigns in real-time, and automate the mundane so humans can focus on the creative genius that no machine can replicate (yet).
The drama here is palpable. On one side, you’ve got Omnicom and IPG, two of the biggest players in the game, combining their strengths to create a behemoth that could easily dwarf Publicis and WPP. On the other, Publicis and WPP aren’t just going to roll over—they’re seasoned veterans with their own arsenals of AI tools and data strategies, ready to counter every move Omnicom-IPG makes. It’s a high-stakes battle where every algorithm tweak and data integration decision could tip the scales.
The stakes? Sky-high. We’re talking about who sets the trends, who attracts the top-tier clients, and who ultimately defines the future of advertising in a world where digital dominance is king. The bell has just rung for the first round, and the advertising world is on the edge of its seat, popcorn in hand, watching these titans clash. Will Omnicom-IPG deliver the knockout blow that reshapes the industry, or will Publicis and WPP prove too formidable, turning this merger into another legendary bout that everyone talks about for years?
One thing’s for sure: this merger is more than a mere corporate consolidation. It’s a bold statement of intent, a declaration that Omnicom and IPG are not just participants in the future of advertising—they’re here to dominate it. As they leverage their combined AI and data analytics prowess, they’re setting themselves up to not only compete but to lead the charge in an industry where being data-driven isn’t just an advantage; it’s a necessity.
Every grand merger has its casualties, and this union is no exception. With $750 million in annual cost savings on the horizon, expect layoffs and restructuring to ripple through the workforce like a shockwave. Forrester’s grim projection of 33,000 ad agency jobs lost by 2030 due to automation adds another layer of anxiety. Industry veterans like Simon Francis predict a future with fewer big roles and a glut of junior positions, turning the career ladder into a frustratingly narrow slide. Yet, in every crisis lies an opportunity—smaller, nimble agencies might just find their moment to shine as the giants grapple with their newfound size and complexity. The merger could act as a catalyst for innovation, forcing legacy systems to shed their cumbersome layers and embrace the agility needed to thrive in a rapidly evolving marketplace.
At the heart of this colossal merger is the quest for technological supremacy. Omnicom and IPG are pooling their resources to dominate AI and data-driven marketing, aiming to outpace the relentless march of Big Tech disruptors. Simon Nicholls aptly summarizes it: “Technology and data have been the largest drivers of differentiation and growth for agencies, and with additional scale, Omnicom-IPG can leverage major tech investments like never before.” It’s a high-stakes game of chess where the pieces are algorithms, and the pawns are traditional ad services. The real power move here is their ambition to create proprietary AI platforms that can predict consumer behavior with uncanny accuracy, tailor campaigns in real-time, and automate mundane tasks to free up human creativity for more strategic endeavors. This is not just about staying relevant; it’s about setting the pace in an industry where yesterday’s innovation is tomorrow’s baseline.
Let’s not forget the ghost of mergers past—remember when Omnicom and Publicis Groupe nearly tied the knot over a similar $35 billion deal a decade ago? The split in 2014 over executive roles, especially the CFO position, left scars and cautionary tales. Fast forward to today, and John Wren is determined to avoid repeating history’s missteps. “The lessons learned a decade ago are not going to be repeated,” he assures analysts, signaling a more strategic and perhaps less contentious approach this time around. This time, they’re playing the long game, with a clear vision of how to integrate seamlessly without the soap opera of executive power struggles. The past failure serves as a blueprint for what not to do, hopefully guiding this merger to smoother waters where both companies can fully realize their combined potential without the baggage of previous attempts.
As the merger sails toward its expected closing in the latter half of 2025, the advertising world holds its breath. Omnicom-IPG is not just merging two companies; they’re melding two corporate cultures, two sets of clients, and two visions for the future. With leaders like John Wren and Philippe Krakowsky steering the ship, the new entity aims to set new industry benchmarks in creativity, technology, and data-driven excellence. The integration process will be anything but simple—think of it as trying to blend two distinct flavors into a single, harmonious dish without losing the essence of either. The success of this endeavor hinges on their ability to maintain morale, retain top talent, and foster a unified culture that embraces change rather than resists it.
In the end, this merger is more than just a corporate consolidation—it’s a bold statement of intent in an industry facing disruption from all sides. As Omnicom and IPG join forces, they’re not just aiming to survive the storm of Big Tech and AI; they’re positioning themselves to become the very storm, redefining how brands connect with audiences in a digital age where data reigns supreme. This is their declaration that they’re not just participants in the future of advertising—they’re the architects.
So, grab your popcorn, advertising aficionados. This merger promises to be the blockbuster event of the decade, complete with high drama, strategic maneuvering, and the relentless pursuit of industry domination. Omnicom and IPG are ready to rewrite the rules of the game—let’s see if they can turn their grand design into a masterpiece or if they’ll stumble in the spotlight. One thing’s for sure: the fallout from this union will reverberate through every corner of the advertising universe, setting the stage for a new era where only the most adaptable, innovative, and data-savvy survive. The countdown to 2025 is on, and the world will be watching to see if Omnicom-IPG can truly deliver on their promise of being the ultimate marketing juggernaut or if they’ll become just another cautionary tale in the annals of corporate mergers.
In the meantime, the industry insiders are already speculating about the next moves, the potential synergies that could be unlocked, and the inevitable power struggles that will shape the new corporate hierarchy. Will smaller agencies find themselves squeezed out, or will they carve out niches that the new giant can’t touch? How will clients react to the consolidation of so much expertise under one roof? And perhaps most intriguingly, what new innovations will emerge from this union’s combined brainpower?
As Omnicom and IPG navigate the treacherous waters of merger integration, one thing remains clear: the advertising landscape is on the brink of transformation. Whether this transformation is for better or worse depends on a myriad of factors, from regulatory approvals to the seamless blending of two colossal entities with their own unique identities. But one thing is certain—this merger is a game-changer, a bold gambit in the high-stakes world of advertising where only the boldest, smartest, and most adaptable survive.
So, as the dust begins to settle and the new Omnicom-IPG entity takes shape, keep your eyes peeled and your minds sharp. The future of advertising is being written right now, and it’s going to be anything but boring.
There’s now a saying in adtech: when PR people reach out to you with coy smiles and cryptic non-announcements, you’re looking at one of three possibilities: someone’s getting bought, someone’s buying, or someone’s heading to jail.
Thankfully, in this case, it’s the middle option.
Experian just snapped up Audigent, the data activation wunderkind that’s been cozying up to identity solutions like a tech bro to his wearable tracker.
A Deal That’s Been Brewing Longer Than Your Cold Brew
Let’s not pretend this announcement caught anyone off guard. Experian and Audigent have been playing footsie under the conference table since 2022, and now, like a rom-com couple finally realizing their meant-to-be status, they’ve sealed the deal. It’s not a shocking plot twist; it’s more like the inevitable third act where the lovers kiss in the rain. Experian, already hoarding enough consumer and business data to make Orwell blush, decided Audigent’s boutique of first-party publisher data and inventory networks was the missing piece in its adtech empire.
This union isn’t just a marriage of convenience—it’s a strategic power-up. Think of it as strapping a jetpack to a high-powered AI telescope and aiming it at the cosmos. Experian already has the data equivalent of the Mariana Trench; Audigent brings the tools to dive deep and find treasure. Together, they’ll turn “We think you might like this” into “We know exactly what you’ll buy, when you’ll buy it, and what kind of ad will make you click.”
Drew Stein: Captain of the Ship “Cookieless”
Audigent’s CEO, Drew Stein, isn’t going anywhere, which is good news because someone needs to keep the ship from crashing into privacy icebergs. Stein’s brainchild, the Hadron ID, is a privacy-forward identity framework that’s as critical in today’s regulatory minefield as sunscreen is on a trip to the equator. If Experian’s the seasoned ship captain with a treasure map of data, Stein is the navigator whispering, “Maybe don’t sail into that storm marked GDPR.”
But here’s where it gets interesting: Kimberly Gilberti, Experian’s general manager of marketing services, assures us that Audigent will remain a “stand-alone brand.” Translation: “We won’t mess with the cool kids’ vibe… yet.” It’s a promise that usually lasts until someone in corporate decides they need more synergy, which is code for “we’ll rebrand it in six months and pretend it was always this way.” For now, though, Stein gets to keep his captain’s hat and continue steering Audigent’s cookieless ambitions.
Turbocharging Ad Targeting: Fewer Excuses, More Precision
Experian’s already infamous for knowing more about you than your therapist. Now, with Audigent’s data arsenal, they’re poised to eliminate the last vestiges of “broad targeting” excuses. Remember those awkwardly irrelevant ads for dog food when you’re a cat person?
Consider them extinct.
This duo is about to make ad targeting so sharp it could slice through skepticism like a sushi chef’s blade.
It’s not just about raw data—it’s about actionable intelligence. Audigent’s treasure trove of first-party publisher data and sell-side distribution channels gives Experian the precision tools it needs to build advertising campaigns that don’t just guess—they predict. It’s like swapping a game of darts for laser-guided missiles. Sure, it sounds terrifying, but hey, at least the ads will finally be relevant.
The Fine Print of Stand-Alone Promises
Gilberti’s reassurance about Audigent remaining a stand-alone brand feels like a prenup—necessary but not exactly romantic. It’s a common line in these acquisitions: “We value the brand’s unique identity.” Translation? “We won’t touch it… until it’s convenient to do so.” Experian’s history suggests they’re not above a little rebranding or restructuring when the spreadsheets demand it.
Still, keeping Stein and his team in place is a smart move. If you’re buying a Ferrari, you don’t immediately swap out the engine for parts from your old Chevy. Experian knows Audigent’s team is the secret sauce, and for now, they’re content to let it simmer.
The Bigger Picture: From Oceans of Data to Targeted Thunderstorms
This acquisition isn’t just about making Experian richer in data (although, let’s be honest, that’s a big part of it). It’s about transforming how advertising operates in a privacy-centric world. Audigent’s expertise in cookieless solutions is the linchpin, offering a way forward as cookies crumble under the weight of consumer demands and regulatory scrutiny.
Experian and Audigent aren’t just hoarding data; they’re building a system to wield it with surgical precision. It’s the difference between flooding the market with ads and sending a perfectly timed thunderstorm to water a single plant. Sure, it’s a little dystopian—but hey, so is everything else in adtech.
What’s the Big Deal?
This acquisition is like peanut butter meeting jelly. Audigent claims access to 4 billion first-party IDs and over 13.3 billion device graphs. Experian, meanwhile, totes around 3.6 petabytes of global consumer and business data, including info on 235 million U.S. consumers. Add these numbers together, and you’ve got enough data to make even the most jaded marketer salivate.
Experian spokespersons, channeling their inner diplomat, told Digiday: “We view Audigent as a natural extension of our existing marketing data and identity capabilities.” Translation? “We’re building a data empire, and this is our shiny new province.”
Privacy? Sure, We’ve Heard of It
California’s strict data laws? GDPR? Pfft. Experian insists it’s fully compliant with global privacy standards, though critics might point out that “fully compliant” is a term as flexible as a yoga instructor in Bali.
When asked about the legal and ethical implications of hoarding this much data, Gilberti offered the standard-issue corporate shrug: “Privacy is among our highest priorities.” You can almost hear the collective sigh of regulators gearing up for audits.
A Marriage of Scale and Opportunity
Let’s not sugarcoat it—this deal isn’t some grand love story; it’s a gritty survival play. Audigent had climbed as high as it could in the adtech jungle, its impressive arsenal of first-party data and sell-side savvy hitting the proverbial ceiling. Without a boost, it was stuck in that awkward growth phase where a company’s ambition outpaces its resources. Enter Experian, the lumbering titan of consumer and business data, looking for a way to polish its image and stay relevant in an increasingly cookieless world.
Together, they’re attempting something ambitious: turning Experian into more than just the brand you grudgingly interact with during mortgage applications. This is about Experian grabbing a seat at the cool kids’ table in adtech while Audigent gets the resources and reach to break through its plateau.
Call it a power move, call it a partnership of necessity—either way, it’s a strategic play for vertical integration that puts Experian on the map as more than the poster child for “data broker.”
Curation’s Moment in the Spotlight
Lou Paskalis, the guy who’s probably quoted more often in trade magazines than he’s caffeinated, nailed it with his take: “Curation is a service to marketers when it’s transparent and allows the marketer to opt-in/opt-out of individual domains.”
Translation? If Experian handles this right, it could finally make curation the rock star of adtech.
For too long, curation has been the underappreciated middle child of the industry—necessary, but not exactly glamorous. It’s the mechanism that lets marketers focus their dollars on quality over quantity, but only if it’s done with transparency.
With Audigent’s expertise in sell-side curation and Experian’s vast reservoirs of data, the duo could redefine what curation means. Think of it as turning a foggy telescope into a precision laser—cutting out the clutter and delivering hyper-targeted results that make every ad dollar count.
But here’s the catch: the success of this integration hinges on Experian’s ability to stay in its lane. Marketers don’t want a heavy-handed approach that feels like Big Brother gone corporate; they want tools that empower, not overreach.
The Big Question Mark: Can Experian Make It Work?
And now for the elephant in the boardroom: can Experian pull this off without tripping over its own bureaucracy? As Matthew Newcomb so aptly pointed out, “Tech and consumer financial data don’t necessarily play nicely together.” It’s a sentiment that should be printed on every Experian PowerPoint slide moving forward.
On paper, this merger looks great—like peanut butter and jelly, or at least peanut butter and Nutella. Yummmy. But in practice? It’s more like trying to combine a Formula 1 race car (Audigent) with a cargo ship (Experian). Sure, both are vehicles, but they’re built for entirely different purposes. Audigent’s culture is likely fast-paced, scrappy, and innovation-driven, while Experian’s is steeped in compliance, risk aversion, and slow-moving decision-making.
Will Experian give Audigent the autonomy to thrive, or will it smother the startup’s ingenuity with endless red tape and quarterly review meetings? If history is any guide, the latter is a real risk. Too many acquisitions start with promises of independence and end with the acquired company becoming little more than a logo on a PowerPoint deck.
The Stakes Are High
This isn’t just a test for Experian and Audigent; it’s a litmus test for the entire adtech ecosystem. If a company as big as Experian can successfully integrate a nimble player like Audigent without crushing its spirit, it sets a precedent for how traditional data giants can evolve in the cookieless era.
On the flip side, if this marriage devolves into a classic tale of corporate overreach, it’ll serve as a cautionary tale for future M&A in adtech. The stakes couldn’t be higher, and the industry is watching closely.
Experian and Audigent are trying to walk a tightrope over a pit of regulatory challenges, cultural clashes, and sky-high expectations. Whether they make it to the other side or tumble into the abyss remains to be seen. For now, let’s just say the popcorn’s ready, and the show is about to begin.
Looking Ahead
This acquisition is a statement of confidence—not just in Audigent, but in the broader health of the adtech ecosystem. As Stein himself told AdExchanger earlier this year: “The old way of having a deterministic identifier that gets hosted in a matching table is going to lose fidelity.”
In other words, the future is cookieless, and Experian just bet big on being ready for it.
So, what’s next? Expect more M&A activity in 2025 as companies scramble to adapt to shifting privacy regulations and new adtech paradigms.
And keep an eye on Experian and Audigent—if they can pull this off, it’ll be a masterclass in data-driven evolution.
If not, well, I mean, there’s always the third option.
How He’s Keeping His Cool While Everyone Else Chases Trends
If marketing today is a three-ring circus, Sam Bloom is the rare ringmaster who doesn’t just keep things running—he makes everyone feel good about being part of the show. As Head of Partnerships at PMG, Sam navigates the chaos with a sense of calm, clarity, and a genuine warmth that’s increasingly hard to find in the ad industry. “The best view of the circus is above the circus,” he shared on The ADOTAT Show. “I try very hard to make sure that we have a perspective that’s 50,000 feet above the circus. If you’re inside the tent, it can be very distracting.”
Sam’s ability to see the big picture—and inspire others to follow his lead—has made him not only an invaluable leader but also one of the industry’s most universally liked figures. From his early days at Camelot to his current role at PMG, Sam has always been the kind of person who lifts others up, blending strategic brilliance with an innate knack for connecting with people. He doesn’t just focus on metrics or the next big trend; he zeroes in on what truly matters: marketing that moves hearts and minds and leaves a lasting impact.
A Career That Could Be Its Own Netflix Series (and Definitely Should Be)
Sam Bloom’s career is less a linear trajectory and more a greatest-hits mixtape of the advertising world’s wildest moments. If Netflix were smart, they’d greenlight Breaking Ads tomorrow. The pitch? A charismatic, no-nonsense protagonist navigating everything from the glory days of Blockbuster to the rollercoaster of modern ad tech—with Mark Cuban cameos thrown in for good measure. Sam himself teased the idea, saying, “I’ve worked for Mark Cuban for four years, worked at Blockbuster, and been in the ad business. There are so many characters in our business, you could easily spin off a whole bunch of shows.”
And he’s right. Imagine the flashbacks: Sam helping launch Blockbuster Online while the Titanic of physical rentals was already taking on water. “It was a very difficult time in that business, and I had a very difficult boss,” he admitted. Cue the drama. Cue the resilience. While most people might crack under that kind of pressure, Sam leaned into the challenge, filing away every hard-earned lesson like a strategic hoarder. “Those things were formative for me in ways I didn’t understand then but do now,” he reflected.
But it’s not just the Blockbuster chapter that packs the drama. Sam’s career is peppered with moments that are equal parts humbling and hilarious. Take his stint at IChoose, where he candidly admits, “We blew through $25 million.” Most of us would consider that a career-defining faceplant, but Sam turned it into a growth opportunity. It’s this willingness to learn from failure—and laugh about it later—that makes Sam’s story so compelling.
“Almost all the lessons have come around massive failures,” Sam said with characteristic honesty. It’s refreshing, especially in an industry that tends to gloss over the hard parts. But Sam? He’s not about to sugarcoat anything. He’ll tell you that being wildly overconnected and under-supported at times didn’t crush him—it refined him.
And that’s the magic of Sam Bloom: his ability to turn every misstep into a masterclass. Whether he’s dealing with a tough boss, navigating the collapse of a beloved video rental empire, or riding the chaotic waves of the ad tech world, he emerges not just wiser but funnier.
So, yes, Breaking Ads should absolutely happen. The plot practically writes itself: a brilliant, ever-curious strategist who keeps his head in the clouds and his feet on the ground, constantly rethinking what it means to thrive in the circus of modern marketing. And if we’re lucky, Sam might even get to write the theme song himself. It’d probably be called Lessons Learned, Money Burned. Stay tuned.
Marketing as a Higher Calling (and No, That’s Not Just a Fancy Way of Saying “More KPIs”)
Sam Bloom doesn’t do marketing by the numbers—or at least not the kind of numbers that make your CFO happy but leave your customers yawning. For Sam, marketing is more than a checklist of deliverables or an obsession with click-through rates. It’s about strategy, a concept that often feels like an endangered species in an industry that loves to reinvent itself every six months. “If we get so tactical, we’ll be commoditized,” he warned, cutting through the noise with the kind of clarity that makes you sit up and listen.
Sam’s philosophy can be summed up in one word: purpose. It’s not about drowning in the details of the latest ad tech or getting lost in the weeds of media buying—it’s about connecting with people in a way that actually matters. “The best marketers out there are still people trying to change hearts and minds, understand customers’ needs, and build really good propositions,” he said. “That will always be the higher calling of marketing.”
And here’s the kicker: Sam doesn’t just talk about this high-minded mission; he lives it. He’s the guy who’ll steer you away from the hamster wheel of trendy tactics and back toward the basics of what marketing is really supposed to do—make people care.
The Industry is Moving Fast—Too Fast
But let’s not pretend sticking to this higher calling is a walk in the park. Marketing today isn’t just a business; it’s a “fashion business,” as Sam put it, with trends coming and going faster than you can say “influencer marketing.” “And we’re in fast fashion, by the way,” he added, perfectly capturing the frantic pace of the industry. “You’ve got to be nimble and adaptable to the techniques for marketing to consumers.”
Translation? Marketing in 2024 is less about perfect planning and more about survival of the quickest. If you’re not adapting, you’re toast. The channels, the platforms, the consumer behaviors—they’re all shifting at warp speed. It’s like playing poker in a tornado, and the only way to win is to know which cards to hold onto and when to fold.
Balancing Trends with Timelessness
The genius of Sam’s approach lies in his ability to balance the ephemeral nature of marketing trends with the timeless truths of the business. He understands that while the tools and platforms may change, the endgame stays the same: reaching people where they are, speaking their language, and—most importantly—making them feel something.
It’s why he’s not quick to jump on every new marketing bandwagon, even when the rest of the industry is sprinting toward the latest shiny object. For Sam, it’s about more than staying relevant; it’s about staying meaningful. And in a world where many marketers have a hard time telling the difference between the two, that makes him stand out.
Riding the Big Waves: The Dallas Stars Experiment
One of Sam’s most intriguing recent projects is PMG’s partnership with the Dallas Stars and their Victory+ streaming service—a direct-to-fan model that could revolutionize sports marketing. “The Stars joined up with a company called APMC to start something called Victory+,” he explained. “It’s ad-supported, free for fans, and available on all devices. Whether you want to work with the team at a sponsorship level or buy programmatically, you go to one partner.”
The results speak for themselves. “They’re getting four, five, six times the consumption of the games they had during the Bally’s era,” Sam said. “More importantly, it’s increased digital engagement massively.”
Sam believes this model represents the future. “What happens when you own your own data, your own channels, your own content? All those things make a ton of sense. While it may not be the case for every sport now, I think in time you’ll see rights holders eventually want to take back those rights.”
The Art and Science of Standing Out
For Sam, innovation is about more than adopting the latest tech—it’s about standing out in a crowded marketplace. “We are in a marketplace where everyone copies whatever works until it’s not effective anymore,” he said. “That’s the Ricky Bobby theory of marketing: if you’re not first, you’re last.”
To help clients break free from outdated strategies, Sam relies on a combination of data and customer insights. “We start with ground truths and basic facts,” he said. “I think people are so focused on the tasks of marketing that they forget about the art of marketing and what we’re really there to do.”
Leadership with a Side of Brisket Tacos
Sam’s leadership style reflects his grounded, collaborative philosophy. “Leave it better than you found it,” he said, summing up his guiding principle. Whether he’s handing out paper towels during a metaphorical spill or cracking jokes about tequila and brisket tacos, Sam leads with empathy and humor.
When asked to describe his leadership style as a gourmet dish, Sam didn’t hesitate. “I would definitely be brisket tacos,” he said, noting their comforting simplicity. Paired with a “Mexican martini” or “ranch water” (tequila, fresh lime juice, and a splash of Topo Chico), it’s a metaphor that’s as quintessentially Texan as Sam himself.
Looking Ahead: Innovation, Teamwork, and the Sam Bloom Way
If the marketing industry is a forest, Sam Bloom isn’t afraid to acknowledge the chainsaws. But while others bemoan the deforestation—the companies falling behind, the strategies that no longer work, the clutter of trends gone wrong—Sam is already planting the seeds of what’s next. “There’s going to be a massive deforestation, but there’s going to be reforestation coming,” he said. “The reforestation piece, if we focus on innovation and where the puck is going, is way more interesting.”
Classic Sam: grounded, forward-thinking, and just optimistic enough to make you believe in a brighter marketing future. He’s not interested in clinging to the good old days because, frankly, they weren’t all that good. Instead, he’s focused on what’s possible—what can emerge when marketers embrace change rather than resist it.
The Team Player in Chief
For Sam, the key to navigating this ever-shifting landscape is simple: teamwork. “I’ve always viewed myself not as an individual, but as part of a team,” he said. “At the end of the day, I think about leaving things better than I found them.”
And that’s not just a feel-good soundbite; it’s how he operates. Whether he’s rolling out groundbreaking strategies or cracking a self-deprecating joke, Sam has an uncanny ability to make the people around him feel like they’re part of something bigger. He’s the kind of leader who hands you a metaphorical shovel and gets you excited about planting trees—whether literal or the kind that will sustain your marketing plan for years to come.
Pioneering Without the Ego
What’s striking about Sam isn’t just his optimism—it’s his ability to balance big-picture thinking with humility. This is a guy who talks about leaving things better than he found them, but not in some “mission statement on a coffee mug” kind of way. He’s out there proving it, one transformative project at a time.
When Sam talks about “where the puck is going,” you know he’s not just throwing out a sports metaphor to sound savvy (though he was a goalie, so it works). He’s living it. He’s watching trends, understanding what clients and consumers actually need, and making moves that matter—not for himself, but for the industry and the teams he leads.
The Perspective Marketing Needs
In an industry drowning in its own noise, Sam Bloom is a refreshing change of pace. He’s not shouting to be heard or chasing the latest shiny object. He’s steady, insightful, and relentlessly human. He knows that innovation isn’t just about tech—it’s about people. It’s about collaboration, teamwork, and making sure everyone leaves the table feeling like they’ve built something worthwhile.
And here’s the thing: Sam doesn’t just talk about these principles; he embodies them. While others are busy making splashy moves for short-term gains, he’s planting the seeds for long-term growth. Whether it’s building partnerships, charting new directions for his clients, or just finding the humor in a chaotic industry, Sam brings a perspective that’s not just worth having—it’s worth keeping at 50,000 feet.
So, as the marketing world continues its endless churn, Sam Bloom isn’t just watching where the puck is going—he’s already skating ahead, ready to lead the way.
Mobile app advertising: the wild frontier where brands hope to strike gold, but most end up with fool’s gold instead. Enter Alex Li, Senior Director of Global Non-Gaming at AppLovin, who’s part evangelist, part scientist, and part traffic cop for the sprawling, frenetic, and oh-so-untamed world of in-app advertising. If this sounds dramatic, it’s because it is. Advertising in mobile apps isn’t just the cousin of digital advertising; it’s the rebellious teenager, staying out late, making questionable choices, but somehow always landing on its feet.
AppLovin, meanwhile, isn’t some scrappy startup trying to make its mark. It’s the cool kid who’s been to this rodeo before—deploying AI, leveraging massive app networks, and sipping its latte while competitors scramble to figure out how to make mobile app advertising actually work. With Alex as the face of its global non-gaming arm, AppLovin is proving that in-app ads aren’t just the future; they’re the present.
Brand Safety: Not Just a Buzzword—It’s a Survival Tactic
When it comes to mobile app advertising, “brand safety” can feel like a vague, almost mythical promise. The internet is a chaotic soup of memes, misinformation, and user-generated content (UGC) disasters waiting to happen. So how does AppLovin—and by extension, Alex Li—offer brands peace of mind?
First, let’s talk ecosystem. AppLovin doesn’t just throw brands into the shark tank and hope they survive. With over 150,000 apps in its network and a reach that would make a social media manager swoon, AppLovin meticulously vets every app to ensure it’s as squeaky clean as a newly launched Disney+ series. No doom-scrolling, no awkward ad placements, and certainly no risk of your product being hawked next to conspiracy theories or questionable “life hacks.”
But the real magic comes from their AI. Think of it as the Gandalf of ad placement—it knows exactly where to send ads for maximum impact while avoiding reputational pitfalls. Unlike platforms that rely on UGC-heavy environments where anything could pop up (and we mean anything), AppLovin’s ecosystem is a fortress. It’s as if they’ve built an ad utopia, where your brand message gets the red-carpet treatment.
The Unicorn Hunt: Is 100% Brand Safety Even Possible?
Let’s be real: achieving 100% brand safety is like trying to find a unicorn that also happens to be fluent in Python and available for your next marketing meeting. Yet, AppLovin gets as close as humanly—or algorithmically—possible. When Alex talks about brand safety, he does so with the clarity of someone who knows it’s not just a checkbox; it’s the bedrock of trust in mobile advertising.
The truth? Perfection is a moving target. AppLovin’s AI constantly analyzes, learns, and adapts to new threats in real-time, making it more Hercules than unicorn. When asked whether 100% is attainable, Alex admits, “We’re not delusional—but we’re close.” And that’s the kind of humility you want from someone managing billions of impressions every day.
Why Mobile App Advertising Isn’t Just Social Media’s Little Brother
Mobile apps are no longer just for gaming. They’re for working out, editing photos, managing finances, and yes, even meditating. Yet, for years, mobile app advertising has been treated as social media’s awkward little sibling—left to fight for scraps while Facebook and Google dominated the ad budgets. Alex Li is here to change that narrative.
Let’s break it down: people don’t just spend time in apps; they live there. Whether it’s paying bills, scrolling recipes, or monitoring sleep patterns, apps are where consumers are most engaged. And yet, many brands are stuck funneling their dollars into crowded, noisy social feeds. Why? Because social platforms have done an excellent job of making marketers think that’s where the action is. Spoiler alert: it’s not.
AppLovin’s secret sauce is educating brands about the untapped potential of in-app advertising. “It’s not about replacing social media,” Alex explains, “it’s about diversifying.” Picture this: while everyone’s clamoring for the last scraps of ad space on Instagram, AppLovin is guiding brands to environments where their messages actually stand out. It’s like choosing the indie coffee shop over the Starbucks drive-thru—better experience, better results.
The AI Factor: Loki or Gandalf?
AI is the buzzword of the century, but for mobile app advertising, it’s less about robots taking over and more about robots doing the dirty work. AppLovin’s AI is like a master chess player, mapping out every possible move to deliver ads where they’ll resonate most. And no, it’s not Skynet. It’s more like a digital consigliere, advising brands on how to maximize engagement without burning their budgets.
The real beauty of AppLovin’s AI lies in its ability to test at scale. Forget A/B testing. We’re talking A-to-Z testing—creative formats, audience segmentation, and placement strategies all optimized at lightning speed. Alex is quick to note that while AI is a game-changer, it’s not here to replace the human touch. “It’s about making creativity frictionless, not soulless,” he says, channeling his inner philosopher.
Diversification: The Spice Rack of Marketing
If mobile app advertising were a meal, diversification would be the sriracha. It’s the ingredient that makes everything pop. Yet, most brands are stuck sprinkling salt and pepper, aka social and search, over everything. Alex is on a mission to get marketers to embrace the whole spice rack.
Diversification isn’t just about throwing money at every new channel that pops up; it’s about strategic experimentation. AppLovin’s playbook involves showing brands that mobile apps are a goldmine of attention—places where users aren’t just scrolling but actively engaging. Whether it’s playable ads for games or interactive experiences for fintech apps, AppLovin creates ad formats that feel less like ads and more like invitations to participate.
The Future of Mobile App Advertising: A Renaissance or an Echo Chamber?
Looking ahead, Alex sees mobile apps as the central stage for advertising innovation. With AR, AI, and even wearable tech on the horizon, the possibilities are endless. But there’s a caveat: brands will need to embrace transparency and collaboration to make the most of these technologies. As Alex puts it, “You can’t just show up; you have to show up well.”
AI will undoubtedly play a starring role, not as a dark overlord but as a partner in creativity. Imagine ad campaigns that are so seamless, they feel like an organic part of the app experience. That’s the holy grail—and it’s closer than you think.
Final Thoughts: Why Alex Li is the Leader We Need in Mobile App Advertising
At its core, Alex Li’s philosophy is about making advertising better for everyone—brands, consumers, and the apps themselves. Whether he’s championing brand safety, evangelizing the untapped potential of mobile apps, or navigating the delicate balance between AI and human creativity, Alex is redefining what’s possible in this space.
And if you’re still pouring all your ad dollars into the social media duopoly, consider this your wake-up call. Mobile app advertising isn’t the future; it’s happening now. And thanks to leaders like Alex, it’s only getting better.
Stay bold, stay curious, and never settle for the ordinary.
Watch the full interview below, sorry for the audio quality, there was a file corruption. We will be working on an audio only version for next week.
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A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations. CIDs may require the production of documents - including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions.
A CID must state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to...
Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations.
What is an FTC Warning Letter?
Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that they can face serious legal consequences, such as a federal investigation or lawsuit, if they do not immediately stop.
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The Hidden Flaws Behind Ad Tech’s Favorite Buzzword.
Supply Path Optimization (SPO) is my love-hate relationship in ad tech personified. It’s the reason I fell for this industry’s maddening brilliance—and why it sometimes feels like a bad rom-com where no one learns their lesson. At its core, SPO promises efficiency, transparency, and accountability, and when it works, it’s like watching a Rube Goldberg machine perform flawlessly. But when it doesn’t—and let’s be honest, that’s most...
