digitalmarketing

7865How are businesses going to excel in a consumer rebound economy in 2021, 2022, and beyond?
May 28,2021ByDAVID VEGA

How are businesses going to excel in a consumer rebound economy in 2021, 2022, and beyond?

How are businesses going to excel in a consumer rebound economy in 2021 and beyond? With increased digital investment, every business sector will need to buckle down how they capture all data and view their customer across all channels that will enable them to deliver a more convenient and personalized customer experience. General ad platforms alone like Facebook and Google Ads will not cut it. Next-generation businesses that will utilize a consumer experience in GeoFraming and Video content as an omnichannel (behavioral) consumer digital approach will be successful. Every Business and Brand must utilize all verticals in seizing the opportunity to merge their customers’ physical and digital footprints to create a more personalized and cohesive experience across all touchpoints. Learn more from video: Spear by Tridence Companies who invested heavily to shift their business and customers online now have a wealth of first-party customer information  If companies/brands can connect their valuable first-party data to their in-store experiences and solve consumers' problems outside of their everyday digital devices, they have the opportunity to create a  “connected retail” experience in a memorable way, which will sustain the brand awareness and consumer culture. ⤵️ Learn More: www.tridence.com/ip-targeting...

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7718Google Assistant’s interpreter mode is coming to phones today
December 12,2019ByDAVID VEGA

Google Assistant’s interpreter mode is coming to phones today

Google Assistant gains built-in Interpreter Mode on Android and iOS. Interpreter mode, the feature that allows Google Assistant to translate your conversations in real time, is coming to phones. Once you’re in interpreter mode, the Assistant will translate your speech and read it out loud.  Users will be able to activate Interpreter Mode on their phones (on both Android and iOS) simply by saying “Hey Google, be my (German, Spanish, Chinese, etc.) interpreter,” or “ Hey Google, help me speak Japanese.” At launch, Interpreter Mode will support up to 44 different languages, with Google saying that it hopes to expand that number in the future. Google first demoed the mobile translation capability for India back in September. Assistant Interpreter Mode is rolling out to Android and iOS around the world starting today. Published by: David Vega, Tridence...

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7703Is Our Social Media Terminology About to Change?
January 15,2018ByDAVID VEGA

Is Our Social Media Terminology About to Change?

“She does social media,” is the go-to introduction my friends bestow on me at parties. In 2018, in a world where many of my millennial friends have more captivating Instagram accounts than me, this introduction sound about as impressive as, “She Googles real good.” Who doesn’t? Currently, I don’t directly manage any brand’s social media channels, though I have in the past. Instead, I most often consult in overall digital strategies that involve many promotion outlets, be it email, website, social media, and/or display. That said, my friends’ misleading introduction results in some lovely party conversations, the most recent being, “Do you think we’ll always call social media ‘social media’?” As the resident social media expert person, I blurted out, “Of course! What else would we call it? We still call TV ‘TV,’ don’t we?” I chortled. My friends chortled. We all slapped knees (our own, not each other’s). The conversation pivoted. I went home, brushed my teeth, changed into my egg jammies, and fell asleep. I woke up in the middle of the night Don’t Wake Daddy-style. We don’t call it “TV”; we call it Netflix, Hulu, or whatever specific show we intend to binge watch. Unless we spent time staring at some reality show we’d rather not admit to watching, we rarely say, “I just watched TV.” Now that my moment has passed to have this dinner party conversation with man buns (brotrepreneurs) over cheap wine, I ask you: When will we stop calling social media “social media”? Don’t get me wrong—this will be a mass effort, a shift of the collective conscious—we will not solve it here. However, in the way someone circa 2010 started asking where she left her “phone,” abandoning “cell” as if the specifier was superfluous, someone will start calling social media “social.” Oh, no. We already use “social” in isolation. Has the end begun? Probably. The Evidence ‘Social Media’ Is on Its Way Out Facebook bought Instagram in 2012 (over five years ago?!). Almost immediately, the two began melding into one. Facebook introduced video; then Instagram introduced video. Instagram introduced Stories; then Facebook introduced Stories. Now, ads can be sent through both platforms at the same time, from the same tool, using the same audience parameters. Will Instagram eventually just become Facebook? Will we call all newsfeed-centric social media platforms “Facebook” in the way we colloquially deem all search engines “Google”? What happens when Facebook overtakes YouTube once and for all? YouTube, a platform I’ve always struggled to call a “social media,” had a rocky 2017. With ridiculous scandals, a massive redesign, original shows, and mixed Red reviews, who and what is YouTube anymore? For one, YouTube is a sibling of Google and therefore, undoubtedly, a powerful ad platform. However, advertising alone social media does not make, young padawan. What happens if Netflix introduces comments à la Youtube? What happens if Snapchat introduces a discovery section à la Instagram? Wait, did Snapchat kind of already do that? What happens if Twitter . . . nah, I’ve all but given up on Twitter. Nevertheless, what are we going to call all these social media platforms as they evolve? It seems to me they are outgrowing their terminology. Does Any of This Really Matter? I don’t know, man. Maybe analyzing terminology just feels like splitting hairs. Still, sometimes you need a silly question like “when will we stop calling it social media” to get the brainstorming juices flowing, to tiptoe to the questions that really matter to your business as we cruise through 2018, such as: Where is social media going? Where is our audience likely to be in five years? What platforms should we consider adopting? Where should we be putting our digital advertising dollars? What type of content will we need to produce? Video? Audio? Are we ready to serve a mobile-first audience? What are we measuring in terms of KPIs? Are we converting? If not, why? Scary questions, right? In time, they will need to be answered. But for now, tell me, what are your 2018 predictions for social media terminology? Better yet, what changes to individual social media platforms will necessitate the evolution of our current lexicon? I’ll grab my cheap wine. Brotrepreneurs, come one, come all.   Author: Christina Moravec...

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7701Four Ways to Keep Your Brand and Marketing Relevant Amid Fluctuating Cultural Trends
January 5,2018ByDAVID VEGA

Four Ways to Keep Your Brand and Marketing Relevant Amid Fluctuating Cultural Trends

What do your brand, plant-based foods, Barbie dolls, and bottled water have in common? The truth is, quite a lot. There's a lot of debate right now about whether bottled water is really a better choice than soda. Or whether a plant-based diet is actually healthier than consuming meat. And Some people are up in arms about the wage gap between male and female professionals. Still, others are evaluating whether there are enough variations of the Barbie doll. So... what does any of that have to do with marketing your brand? Cultural trends like those—and so many more—may come and go, but their impact remains significant. For a brand to remain relevant in this day and age, it must align with the dominant cultural trends of its target audience. That means you as a marketer must make it a priority to not only understand the issues that matter to your consumers but also consistently integrate their feelings and opinions into your brand's message in new and creative ways. Keeping Pace With Culture Successful marketing does more than convey a message to an audience. It inspires, influences, and, ultimately, propels a brand forward. For any marketing campaign to be successful, marketers must find innovative ways to interweave the brand's core values with the cultural context of the intended audience—its ideologies, tensions, values, and so on. Most consumers, whether consciously or not, look for brands that align with their view of the world. So a marketing campaign that not only acknowledges the cultural trends of its target audience but also aligns with or adds to that message will be rewarded with relevance, acceptance, and loyalty. On the other hand, when marketers ignore cultural context, or skirt around cultural trends, or don't take the time to understand the issues, they risk landing their brand in hot water. For example: In 2017, Pepsi's ad featuring Kendall Jenner was instantly condemned for downplaying the seriousness of race-related protests across the country. The company quickly pulled the ad. Some two years ago, Protein World's Beach Body Ready campaign faced scathing backlash for promoting what many considered to be an unrealistic female body. The ad was eventually banned in the United Kingdom. If you're not comfortable having your brand take a bold stance on a cultural issue, that's OK. But researching the trends that matter to your audience can still elevate your marketing. For example, if you discover that the growing popularity of the plant-based food movement stems from consumers' desire for "cleaner" sources of protein, you could easily change your labeling to highlight the amount or origin of the protein in your product. Even subtle nods toward a pervasive cultural trend can give your brand a leg up on the competition. But whatever you do... it has to be authentic. How to Stay Trend-Relevant It's clear that to avoid wasting time, money, and resources—and potentially angering or alienating consumers—your marketing team must study, understand, and accommodate cultural trends. Begin that process with the following four steps. 1. Get to know your audience Knowing all you can know about your audience should always be a marketing priority. It's the only way to precisely target the right consumers, perfect your brand's message, motivate action, and keep your customers satisfied. Although reliable data should be the foundation of your marketing campaign, don't rely just on numbers and figures. And move beyond demographics by also investigating the cultural trends that matter to your audience members: What are they interested in? What are they passionate about? How do they spend their time? What are their expectations for the companies they do business with and the products they use? Fleshing out your audience's cultural attitudes allows you to be more strategic in marketing your brand. 2. Do your cultural research Explore the cultural trends influencing your audience and businesses now and for the foreseeable future. The Culture Vulture 2017 Trends Report is a great place to start. Notable examples include the prevalence of corporate icons and how startups are remaining competitive; the emergence of products, services, and events catered to Baby Boomers; and the way the mindfulness trend has inspired businesses to include offerings that promote serenity and balance. Also important is Millennials' impact on society—from their redefinition of the American dream to their informal attitudes toward attire, traditions, gender norms, and more. Don't forget to also look for niche hot topics that directly affect your consumers or brand. For example, if you market for a food or beverage product, understanding the nuances of the soda vs. bottled water battle (consumers seeking lower- or no-sugar options, cost, environmental impact of packaging, etc.) might come in handy. Research both large- and small-scale cultural trends when strategizing for your brand. 3. Craft a message that stands for something Once you know your audience members and the cultural trends influencing them, it's time to develop a message that aligns with (or better yet, resolves) a larger cultural narrative. Choose words that pack a punch. Make your message simple yet powerful. And be sure your brand's message is creative, clear, and consistent. For inspiration, you can look at brands that redefined gender-role norms with their own simple, powerful messages. Sport England's This Girl Can campaign, Under Armour's I Will What I Want campaign, and P&G's #LikeAGirl campaign have all been praised for promoting female empowerment, diversity, and opportunity. 4. Strengthen your message with visuals In marketing messaging, visuals are often just as important to the campaign as the written or spoken word. From videos to photographs to well-placed labels, the right visuals can create an emotional connection with consumers, inspire them to take action, and convince them of your cultural relevancy. Thoroughly investigate the ways you could deliver visuals to your audience, paying special attention to newer, nontraditional avenues that currently boast some of the highest user engagement stats. Finally, explore making your visuals powerful enough to carry your message of cultural relevance on their own. Take CoverGirl, for instance. When the company hired its first male ambassador, it didn't couple the announcement with an explanation of its motives. CoverGirl trusted the new ads properly conveyed its stance...

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77007 email trends to watch in 2018
January 4,2018ByDAVID VEGA

7 email trends to watch in 2018

As we speed head into 2018, the trends that will have the biggest impact on your email marketing program over the next 12 months. 2017 was a stellar year for email marketing. With 72 percent of consumers in Litmus’ 2016 State of Email report stating that email is their first choice for brand communication, and more than 225 billion emails (PDF) sent every day (a 5 percent increase from previous years), email continues to play an important role in brands’ marketing strategies and is the digital linchpin for the consumer. As we barrel into 2018, there are no guarantees that the email tactics and strategies that worked in 2017 will deliver the same results. To make the most of your email marketing investments and stay on the cutting edge, consider the trends that will impact email over the next 12 months. 1. Editorial or ‘sticky’ content will become a must-have OK, OK — “must-have” may seem a little aggressive, so consider this my cry for help to all marketers! Today’s consumers (B2C and B2B) value content that goes beyond offers, promotions and product information. They crave useful information that speaks to the intersection of their lifestyle and brand values. Gift guides, recipes, how-tos, related news, tips and tricks, outfits of the day and other types of sticky content are also useful for marketers because they help keep subscribers from passively opting out or unsubscribing, especially if they don’t buy from the brand frequently (e.g., monthly). Subscribers will stay engaged with your brand if you make the effort to educate, entertain or find a unique way to incorporate lifestyle trends into your messaging. Forward-thinking brands already rely on sticky content within the email to strengthen their relationships with customers. For example, REI serves up geo-dynamic content that informs subscribers about hiking trails that are near their location. If geo-content isn’t available, they provide generic content that is similarly relevant to subscribers’ lives. 2. Automation and AI technologies will make emails more human Artificial intelligence continues to be a hot topic in marketing circles. Although the implications of AI and the scope of its marketing applications are still somewhat vague, in 2018, marketers will continue to ramp up experimentation with automated plug-and-play applications. Content optimization is an obvious target for AI solutions. A lot of applications are fighting in this space that enables marketers to evaluate audiences and generate content using language and emotion tailored to specific segments while learning as more data comes through. None of them are perfect or what we all want AI to be, so do your homework and evaluate all potential possibilities before signing that contract. Take Optimail, which optimizes email campaigns through adaptive personalization, or Phrasee, a fun company that started only focused on subject lines, and in very short order their technology has expanded to all sorts of copy/content. Don’t limit your horizons; think creatively how you can expand the capabilities. Ironically, a major benefit of AI technologies is that they make emails feel more human. By providing more personalized user experiences through data, AI can help create deeper connections with your subscribers and invoke more emotion with its language (or emoji) usage — a slightly creepy cherry on top. 3. Real-time, cross-channel personalization will drive customer experiences In addition to using AI applications to create more tailored user experiences, this year we’ll see marketers increase their efforts to personalize content in real time across channels. Expect next-generation personalization to appear more frequently in emails, websites, and even products. Small clothing brands like StitchFix and TrunkClub are already reaping the benefits of personalization. By personalizing subscription boxes, these brands give customers individualized brand experiences. Other brands personalize individual products. For example, Coca-Cola allows customers to order bottles emblazoned with their names, and Converse allows customers to customize the fit and color of their sneakers. As this level of detail migrates to larger brands, it could lead to a seismic shift in the way consumers interact with brands and products across a range of industries. 4. Kinetic email will change the look, feel and experience of email One of the trends I’m excited to see more of in 2018 is kinetic email. Designed to make emails look and feel more like a website experience, kinetic emails introduce a new layer of interactivity to the email experience. As ISPs like Gmail continue to adopt these functionalities, it will make the experience in the inbox more fluid and quicker to the register. The best examples of kinetic email include hover buttons, hotspots, add to order carts, image carousels, and other features. The upside is that these emails are not only more attractive than traditional email, but they’re also more effective for encouraging subscribers to engage with the brand and its products. Although marketers are still working out the kinks (Microsoft sent a kinetic email that didn’t work on Microsoft email clients), Taco Bell, Burberry, and Nest are examples of brands that are using interactivity in the inbox. It’s hard to find them out in the wild, so be sure to look for more of these emails to land in your inbox in the coming months. 5. Passive opt-outs will (continue to) be a major challenge Marketers are sending more emails than ever before. In Q3 2017, our company sent more than 7 billion emails through our cross-channel communications platform. But with so many emails filling inboxes, it’s becoming difficult to keep subscribers engaged, and some marketers are struggling with declining KPIs. In 2018, I expect that some marketers will continue to struggle, while others will take the initiative and implement strategies to stem the trend of passive opt-outs. To reduce opt-outs, email campaigns should engage audiences quickly, using offers and content that are relevant to individual subscribers’ opt-in path. Early welcome touch points, segmented engagement buckets, robust triggers, personalization and other tactics can go a long way toward retaining subscribers at key points in the customer lifecycle. 6. Mobile purchasing will reach a tipping point Mobile purchasing is rapidly closing the gap with desktop purchasing as consumers...

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7699Twitter Launches New ‘Threads’ Feature for Tweetstorms
December 14,2017ByDAVID VEGA

Twitter Launches New ‘Threads’ Feature for Tweetstorms

Twitter is announcing the launch of a new feature that will allow people to more easily post tweetstorms – that is, multiple numbered tweets on a topic or idea "tweetstorm." Now With Threads, two or more tweets can be linked, simplifying and streamlining the tweetstorm concept.  The company confirmed last month it was testing the feature – which it’s now calling “threads” – across its iOS and Android apps. When you create a tweet on Twitter, you can use the "+" button to add more tweets to the original tweet in the compose window. All of your tweets can be drafted ahead of time and then sent out at once using the new "Tweet All" button. Tweets can also be added to a published thread using the "Add Another Tweet" button, and when browsing Twitter, there's a new "Show this thread" label that makes it easier to find a series of linked tweets. Twitter says that the new Threads feature is designed for people who want to serialize a longer story or thought or provide ongoing commentary on a particular event or topic. Threads are the second major change that's been made to Twitter in recent weeks, following a decision to increase the character limit from 140 to 280 characters to give Twitter users more room to express themselves. Twitter says the new Threads feature is rolling out to iOS, Android, and the web "in the coming weeks."   Author: David Vega, Jacksonville  ...

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7698How to Use Instagram Live With Friends for Business
December 13,2017ByDAVID VEGA

How to Use Instagram Live With Friends for Business

Are you looking for a creative way to improve your Instagram stories? Wondering how to use Instagram Live with a guest? In this article, you’ll discover how to use Instagram Live With Friends. What Instagram Live With Friends Looks Like Not every business gets the chance to include interviews with mainstream actors and musicians as part of their content strategy, like Gucci. But if you could, it would start with a promotion of your live broadcast with a guest. Your followers are alerted to your live broadcast at the top of their Instagram news feed. When you use Instagram Live with a guest, your followers see two circles representing your Instagram account and your guest’s. Both your profile and your guest’s profile show two circles, as well as the Instagram Live indicator. Your broadcast will look like this. When viewers click the profile links at the top left, they get the option to view your profile or your guest’s profile. Depending on the popularity of your Instagram Live broadcast, it may show up in the top Instagram Live stories on the Search and Explore tab. Verified Instagram accounts and the Instagram Live broadcasts with the most viewers that best relate to your interests (based on Instagram usage habits) are listed first. The more live viewers you and your guest can attract, the higher you can move on the Top Live Instagram Stories screen and the more likely you are to attract new audiences on the Search and Explore tab. Now that you know what Instagram Live With Friends looks like to your followers and other Instagram users, let’s look at how to set up an Instagram Live With Friends broadcast for your business. #1: Plan and Promote Your Instagram Live in Advance To get the best visibility possible, plan and promote your Instagram Live With Friends broadcast. If you have an Instagram business account, you can use your Followers Insights to determine when your followers are online. Your guest can do the same if they also have a business account. Once you determine the best time to reach the majority of your followers and your guest’s, promote the live broadcast using a standard image or video post to your Instagram profile. Use this post to let your followers know when the live broadcast will happen, whom you intend to invite as your guest(s), and what viewers can expect. Add hashtags to the post to help it reach more people who may be interested in following your Instagram account and viewing your live broadcast. #2: Start Your Instagram Live Broadcast When you’re ready to start your Instagram Live broadcast, tap on the camera icon or profile photo in the Instagram Stories section at the top left of your Instagram news feed. At the bottom of the screen, move the slider to Live. Then tap on Start Live Video when you’re ready to go live. #3: Add a Guest to Your Instagram Live Once your guest begins viewing the broadcast, tap on the friends icon to the right of the comment box to add the guest to your live stream. Tap on the guest’s name in the Go Live With pop-up and tap Add to invite them to the broadcast. At the bottom of the screen, you’ll see a notification that the guest is waiting to accept your invitation to go live. #4: Remove a Guest and Add Another Guest After your guest joins the broadcast, you’ll see your live video and theirs. You’ll also see the option to end the broadcast at the top right of your live video. If you want to remove the guest from the broadcast, tap the X at the top right of your guest’s live video. Then confirm that you want to remove the guest from your live broadcast. Now you can add and broadcast live with another guest. When you tap End to end your live video, you have the option to share it in Instagram Stories for the next 24 hours. If you don’t want to share your video after the original broadcast has ended, tap the slider and confirm you want to discard the video. #5: Promote the Live Replay on Instagram Stories If you choose to save your video to your Instagram stories, you can archive your original promotion of the broadcast and post a new update to let followers know they can catch your live video for the next 24 hours. After the 24-hour period is up, you can archive that post if you want. #6: Review Your Instagram Stories Analytics If you share your Instagram Live broadcast to Instagram Stories, you can view Stories Insights in your Instagram business account analytics. If you don’t see your story preview, tap on the See Older link to find it. You’ll find the best analytics during the 24-hour period that the Instagram story is displayed. These insights show the people who are viewing your Instagram story (everyone), as well as the impressions, reach, and other engagement metrics (Instagram business account holders only). To access this data, tap on the number of viewers for your Instagram story during the 24 hours it’s available, shown at the bottom left of your story. Everyone will see the number of viewers and a list of those viewers. Business account users can tap the Insights tab to get impressions, viewers, replies, and swipe-aways, as applicable. Conclusion Instagram Live With Friends lets everyone broadcast live with guests. Businesses can use this feature to host live interviews, AMA sessions, product launches, service demos, and more.   Author: Kristi Hines...

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7688Instagram adds mid-feed preview tiles for Stories, tests new stop-motion camera feature
October 31,2017ByDAVID VEGA

Instagram adds mid-feed preview tiles for Stories, tests new stop-motion camera feature

Getting tired of the same old Instagram Stories? Get ready for stop motion, the newest feature in Instagram's story camera. The tool allows you to take a series of photos, string them together into a short stop-motion video and post them to your story.  You can edit the videos with filters, stickers, and texts, just like any other post to Stories. The Stop Motion feature is available inside the Story camera alongside other options like Boomerang and the recently released Superzoom tool. Stop Motion is not available for all users at the current time, but Instagram has confirmed it's in testing. Over a year ago, Instagram rolled out its clone of Snapchat’s popular Stories feature and has since said that its version of Stories reaches over 250 million daily users. Now, Instagram is making a change to its iOS app that makes Stories even more prominent. While before, Stories were limited to a bar along the top of the app, Instagram is now placing much larger “preview tiles” of Stories in a user’s main feed. You’ll see the new tiles while scrolling throughout the feed, under a “Recent Stories” heading. You’ll see three rather large tiles next one another, with each one offering a quick preview of another user’s story and the option to tap to view the whole story....

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7687Snapchat’s new context cards let you read reviews, book reservations, and more.
October 11,2017ByDAVID VEGA

Snapchat’s new context cards let you read reviews, book reservations, and more.

Snapchat today is introducing context cards, which add contextual information to geotagged photos and images shared in public stories. Snaps added to the regional Our Story feature, or those sent with the white-text, venue-specific geo filter, will include the cards automatically. Users can swipe up on any snap that displays the word “more” and they’ll see an interactive card pop up with contextual information about the place in question. Partners supplying information for the cards include Foursquare, OpenTable, TripAdvisor, and Lyft, and will grow over time, Snaps says. If you’ve used Google Maps, you’ve seen cards like these. They offer basic details about a venue including the address, phone number, website, and hours. Scroll down and you’ll see crowdsourced reviews from Snap’s partners. You can reserve a table using OpenTable, Resy, or Bookatable, or order rides to venues using Lyft and Uber. Some context cards will also have public stories integrated into the card, along with images contributed by the venue. The move comes about four months after the introduction of Snap Maps, which allows you to see your friends’ locations in real time, alongside a heat map of public snaps. Maps are viewed internally as a promising new area of investment for Snap; contributions to public stories are up 40 percent since they were introduced, Axios reported last week. Context cards will help Snap build out an infrastructure for its future efforts in local products, while also likely creating new revenue opportunities down the line. Let’s get to some of your frequently asked questions about context cards. Are context cards good or bad? They seem relatively good. They do not appear to be actively bad. What’s so good about them? They teach teenagers about important concepts, such as the importance of making reservations or checking to see whether a business is open before making their mom drive them all the way there in this traffic. What is the worst context card I can expect to see? Definitely the Goop cards. Goop is one of the nine launch partners, and now there will be unsolicited Goop in your snaps. What does Elise Loehnen, chief content officer of Goop, have to say about context cards, in the promotional materials that were distributed for context cards? “Travel is one of our most popular verticals, and a natural extension of Gwyneth’s impetus for starting Goop: to create a place where readers can find recommendations from a trusted friend, not from an anonymous, crowdsourced engine.” Won’t context cards primarily show recommendations from anonymous, crowdsourced engines? That is our understanding, yes. How can I protect my teenager from Goop recommendations? Slather them in Goop’s most hated enemies: processed cheese and Mountain Dew. Great. Where are context cards available? You’ll see them on both iOS and Android, assuming you live in the United States, Canada, the United Kingdom, Australia, or New Zealand.   Author:  Casey Newton...

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7684What the FTC’s latest endorsement disclosure actions mean for marketers
September 15,2017ByDAVID VEGA

What the FTC’s latest endorsement disclosure actions mean for marketers

Regulatory body addresses influencers’ responsibility in making disclosures and the sufficiency of platforms’ branded-content labeling tools. First, the FTC announced its first-ever settlement with social media influencers over a failure to properly disclose a brand endorsement deal. While the organization only penalized the influencers that also owned the brand at the center of the campaign, the settlement serves as notice to other influencers that the FTC is no longer only holding brands and the companies representing influencers responsible for not following its disclosure guidelines, according to several experts that specialize in advertising and marketing law. “In the past, they went after [brands such as] Lord and Taylor, Sony, Warner Bros. and Machinima. This is the first time that they’ve gone beyond that in the food chain and basically said that the influencers could be held responsible,” said Linda Goldstein, a partner at law firm BakerHostetler. She had represented Machinima when the digital video network settled deceptive advertising charges with the FTC in 2015 after several YouTube stars hired by Machinima to promote Microsoft’s Xbox One gaming console failed to disclose that the videos were sponsored. As further evidence of its broadened scope, the FTC sent letters to 21 influencers regarding Instagram posts that appeared to endorse a brand but insufficiently communicated any business relationship between the brand and the influencer. The FTC had previously sent letters to these influencers earlier this year to educate them on the need to follow the FTC’s endorsement guidelines when publishing branded posts on social networks. The FTC’s latest warnings Those 21 warning letters and more than 90 educational letters also provide insight into the specific language and placement of disclosures that the FTC has in its crosshairs as insufficient and may eventually take action against. In particular, the FTC reiterates that simply thanking a brand “is probably inadequate” and that disclosures made in a post’s caption should appear within the first few lines of the caption, as opposed to requiring people to click “more” to see it hidden below the fold. “I wouldn’t be surprised if the FTC lays out the groundwork with these educational letters and these warning letters and then further on down the line, once they can say ‘We’ve established this baseline and everyone should be aware of it,’ then I wouldn’t be surprised if we start seeing some actions,” said Gonzalo Mon, a partner at law firm Kelley Drye who specializes in advertising and marketing law. “The FTC does show what it’s going to do with its warning letters,” said Allison Fitzpatrick, a partner in law firm Davis & Gilbert’s advertising, marketing, and promotions practice group. For example, in 2009, the FTC updated its endorsement guidelines for the first time in 29 years to take into account endorsements made by bloggers. A little more than six months later, the regulator closed its first investigation of blogger-brand endorsement deals by issuing a warning letter to Ann Taylor but deciding not to fine the brand. Platforms’ disclosure tools ‘not necessarily’ sufficient Coinciding with the FTC’s latest warnings, the commission has updated the FAQ-style explainer of its endorsement guidelines. Among the more notable additions are the mention of Snapchat’s and Instagram’s ephemeral Stories features — that may disappear after 24 hours but are not lost on the FTC as distribution outlets for branded content — as well as the FTC addressing platform-provided tools that seek to standardize branded-content disclosures. These tools may have offered comfort to brands concerned over how their influencers should properly disclose an endorsement on a platform like Facebook, Instagram or YouTube, but the FTC had not come out and endorsed these tools itself. And it still has not. A new question added to the FTC’s explainer asks whether platforms’ built-in disclosure tools suffice in meeting the regulator’s standard. “Not necessarily,” according to the FTC. Without naming names, the FTC proceeds to describe two platform-provided disclosure tools that sound similar to Instagram’s and YouTube’s: For example, on a photo platform, users paging through their streams will likely look at the eye-catching images. Therefore, a disclosure placed above a photo may not attract their attention. Similarly, a disclosure in the lower corner of a video could be too easy for users to overlook. Earlier this year, Instagram, which is owned by Facebook and originated as a photo platform, began testing a tool for influencers to attach a “Paid promotion with [brand name]” label above their posts; Facebook rolled out a similar branded-content labeling tool last year for posts appearing in people’s photo-and-video-dominant news feeds. Also last year, Google’s YouTube introduced a tool for creators to have the text “Includes paid promotion” appear in the lower corner during the first 10 seconds of a video. “We believe ‘Paid partnership with’ clearly describes when creators and their business partners have entered into a commercial relationship to post on Instagram. We have worked with industry groups and consumer advocates and will continue to engage with external groups to improve and refine our tools. We want this tool to offer greater transparency for the Instagram community and present a consistent look and feel for branded content on the platform, which is good for every Instagrammer,” said an Instagram spokesperson in an emailed statement. In response to a request for comment, a YouTube spokesperson cited its policies informing creators that they are responsible for complying with local laws, regulations and its own guidelines. Facebook did not respond to questions sent on Tuesday asking whether the company had discussed the adequacy of its tool with the FTC and whether it plans to make any changes to the tool to make it more clearly sufficient in light of the updated document. Lack of approval does not equal disapproval The FTC appears to be hedging, likely frustrating marketers. However, while it’s not offering these tools a seal of approval, it is unlikely to take action anytime soon against brands and influencers that use these tools to make their disclosures, according to legal experts. More likely the FTC is emphasizing that brands cannot be too careful and influencers cannot be too explicit when it comes to communicating an endorsement. “These tools aren’t completely baked yet. The FTC is...

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