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Consumer Groups Target Mobile Advertising; FTC Complaint Alleges Deceptive Practices

Consumer watchdog groups the Center for Digital Democracy (CDD) and the U.S. Public Interest Research Group (USPIRG) filed a complaint today with the U.S. Federal Trade Commission urging it to launch an “immediate” investigation into mobile advertising to help stop the rise of what it calls a growing invasion of consumer privacy. The complaint singles out five practices of mobile marketing the, most of which have also run into privacy issues online. They include behavioral targeting, location-based targeting, user tracking/mobile analytics, audience segmentation, and data mining. The advocacy groups wants the agency draw up rules among other things that would require full disclosure of data collection on mobile devices and would redefine what constituted “unfair and deceptive” practices in mobile marketing.

Some of the companies named in the watchdogs’ complaint read as a who’s who of the mobile ad sector: Google (NSDQ: GOOG), Nokia (NYSE: NOK), Yahoo! (NSDQ: YHOO) AT&T (NYSE: T) and Verizon (NYSE: VZ) along with a number of smaller firms including ChaCha, Velti, Bango (AIM: BGO), AdMob and Marchex.

The complaint, something of a litmus test for the new administration’s FTC, is definitely not something the fledgling mobile-advertising sector needs. You could argue that mobile advertising has already been partly held back by the very real danger of stirring up a consumer backlash. What gives mobile advertising its ability to be more targeted and more effective than other forms of marketing, is of course, what also makes it potentially intrusive and scary to consumers—the fact that they can be reached and tracked in such a personal way.

But where consumer groups see a threat to privacy, companies see a “user experience” they claim can be managed by giving the consumer the ability to opt in or opt out. Google’s product manager for mobile services in North America told Forbesthat mobile ads would have to “add value, offer proper education and awareness for users and give them full control.” The big question is will consumers and companies ever agree on what “opt-in” really means on mobile? If you read the full complaint, you’ll find that the vast majority of practices or services that companies think are “adding value” and are “opt-in” are things that USPIRG and CDD find objectionable. The groups found, for example, mobile marketer Velti’s opt-in loyalty campaigns of sweepstakes, free games, and alerts, that allowed advertisers to build up a detailed profile of their customer base from the signups as “manipulative,’ noting that it was unlikely that consumers would “fully understand the privacy implications of every discount coupon, free download, or ringtone offer that comes their way.” Velti, I’m sure, believes they are adding value to the consumer experience by giving users free content. This really is an opening shot of what has been an issue that the mobile ad sector already knows they need to tread carefully around, and it’s not going away any time soon.

Jan 13, 2009 9:10 AM ET
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Posted In: Advertising, Legal, Regulatory, Technologies / Formats, GPS Navigation/Maps, Companies, AT&T, Google, Nokia, Verizon

  • j. turner

    t mobile i went into the store and purchased phones the most expensive because i wanted the best service and the newest phones available so i wouldn't have to upgrade so quickly. I was lied to. I purchased the t mobile shadow phones they assured me that i would be able to go to the internet on these phones only to find out that you are not able to go there after all and to make matters worst the phones started acting up i could not see who was calling me and the numbers they were calling from and eventually i could not use the phone this after 3 weeks i took the phone back to the store and told the manager she said she could not do anything about that i was upset because i had not even had   the phone a month and already was having problems meanwhile my sons shadow could not even get the internet at all i complained dailly after 2 weeks more they finally decided t change the phone which they sent me a refurbished phone that still didnot work i immediately called them about it and they told me it did work and i told them if it worked i would not be calling them complaining about the phone and the people calling me and me not being able to hear the phone ring or see their numbers finally after talking to 7 people someone finally helped me and then i hand to buy another phone trhe G1 i paid cash and i had over paid my telephone account also causing credit to be on the flex pay account but they would not use it for my bill i called to speak to someoneone about that and was given the run around again i have been going through this same routine with t mobile for over 6 months now they have my flex pay bill so messd up that   they want me to pay $530.37 and i have not even been able to use my phone because it is broke and i called to find out what haappened to my credit and why my bill is so high then they tell me that the phone i returned that they sent me and the manager at thier store checked for me had water damage thats a lie because they had the phone for 3 months and they would have told me then but they sent me the phone AND IT WAS NOT WORKING….. MAYB E BECAUSE IT WAS ALREADY DAMAGED. i am so discouraged and i feel lied to cheated and also used because they lied to me to make a sell and they are telling me to pay for service i havent used and because my phone hasn't been working its my fault i need help in this matter i am going to ffnd a way to sue for damages.

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