In Digital Advertising: Be Clear. Be Conspicuous.

The Federal Trade Commission issued the original Dot Com Disclosures in May 2000 in response to a rising discussion about how FTC rules and guidelines apply to online advertising.  These were developed as a guide to let advertisers know how to make effective disclosures in digital advertising. An updated version of the Dot Com Disclosures was released in March 2013 to better reflect the amount of advertising that is now being done on social media platforms, mobile devices and other “space-constrained screens”.

While one can spend hours reading and going through the examples, there are really three things advertisers need to keep in mind when trying to figure out how to apply these to their ads.

1. Deception is Unlawful No Matter What

The FTC originally developed consumer protection laws to protect consumers and prevent false communication. They wanted to ensure consumers have clear and accurate information about things they pay for and, as a result, maintain a high level of confidence in the marketplace. This has not changed with the evolution of the Internet and increase in new mediums available to reach consumers. 

In short, the same laws and principles that apply to traditional forms of advertising extend to digital advertising. While advertising may now be taking place through new mediums such as smartphones, tablets and social platforms, the rules are still the same. Advertisements must be clear and conspicuous and ads without disclosures could be considered deceptive and unfair. 

2. “Clear and Conspicuous” is in the Eye of the Consumer

The Dot Com Disclosures do not provide a formula for creating compliant ads and they can’t let you know if you will be liable for running a specific ad. According to the Dot Com Disclosures, all advertisements must me “clear and conspicuous” and that is determined based on how the ads perform with the consumers. If you think an ad is clear and customers complain that it is not . . . well, it isn’t clear enough.

The Dot Com Disclosures include guidelines as to where to place disclosures so that they are visible enough and what kinds of things need to be disclosed. They also give recommendations as to how to deal best deal with space crunches and changes in formatting. For example, they talk about using hyperlinks to link to disclosures and making the buying platforms and websites compatible with mobile devices so that disclosures won’t be missed. However, in most situations there is more than one way to properly format an ad. The best way is the one that most effectively communicates the information to the consumers.

3. Use Common Sense When Creating Ads

The great thing about ads and buying platforms is that they are often created by the same kinds of people who use them. By looking at the advertisement from a consumers point of view and asking a few simple questions, one can get a pretty good idea as to whether or not the ad could be misleading.

Medifast fined for making
unsupported Claims

Are the disclosures present and in proximity to the claim? 

If not, move them so that they are to ensure they won’t be missed by potential customers. If a customer has to scroll down to the bottom of the screen to find the disclosures, or if they misinterpret what they are guaranteed they could feel mislead.

Are all charges accounted for before the end of the purchase funnel?

This includes things such as taxes, extra fees, term lengths, recurring charges, shipping, etc. and it all needs to be presented in a visible manner and broken down clearly before the consumer clicks “I Do”.  If the customer gets billed for extra charges they are not aware of, it could result in fines for unclear advertising.

Are you able to disclose the necessary information?

If not, don’t run the Ad.

Also Note:

The Federal Trade Commission’s rules apply to advertising in the United States. When marketing to another country, know that they may have similar types of guidelines and you need to check their laws to know if your ad is compliant. If you are in another country marketing to the US, read these rules to make sure you are properly disclosing the necessary info and that your ad is compliant.

Mobile Marketing: To the Sky and Beyond

There is only one thing I remember about my January flight from SFO to JFK and that is that it was the first flight where I've gone completely paperless. Yep, similar to my internet bill or cell phone bill, I can now have an entire my airlines experience without printing a thing.

It appears in the past couple of years that several airlines have increased their use of mobile marketing. As well as checking in for flights on mobile devices more frequently, consumers are beginning to use their mobile devices for all aspects of their trip from finding flight to getting in their seat. Recognizing the increase in use of mobile devices among their highly transient customers, airlines are increasing their mobile marketing initiatives for general promotions and all aspects of communication with consumers.

For the Convenience Flyer

While printing a piece of paper seems like such a simple thing to do, it's always one more thing on the checklist that isn't as convenient as it seems.  In general, with the increased use of emailing documents, reading online or on tables and using mobil devices, rise of mobile options, people are printing less. The idea of having to log in to a website, hooking up the printer, restocking ink and print the boarding pass before jetting to the airport seems simple but also one more extra thing on the checklist that doesn't need to be there (and soon won't) with the technology trends of today. 

Airline apps are starting to simplify the boarding pass process by letting flyers get through security and board the plance with their smartphone.  The Fly Delta app is a perfect example. By allowing customers to send their boarding pass directly to their phone which can be scanned at the gate saving time and paper for the convenience oriented eco-friendly traveler. 

For the Social Flyer

Not only are social apps a great ways to interact with customers but they are also a way to increase the word of mouth about their services through their current socially savvy customers. This is no different for airlines.  While it's becoming the norm for the tech oriented flyers to check in for their flight via mobile devices, it's also becoming more and more common for the social butterfly's of the sky to check in again . . . on Facebook.  In 2011, Virgin America Airlines incorporated Foursquare and Facebook checkin options at their San Francisco terminal with their "T2 Takeover" campaign which gave incentive to those who participated.

This year, Virgin America Airlines took top prize for Innovative Campaign at the fifth annual Loyalty Innovation Awards for taking the idea of Social-Mobile-SkyHigh to the next level with it's multi-media #myVXexperience campaign. During this campaign they actually allowed passengers to share their Tweets and Instagram photos while inflight sharing and spreading in-flight experiences all over social platforms.  

For the Everyday Deal Seeker

Knowing that customers only spend a limited time traveling, relative to the amount of time they are on-the-go, airlines have also began to use mobile devices for general marketing campaigns.  This past year, Southwest airlines started a mobile campaign as a way to increase engagement with their highly mobile customers through sending emails on a weekly basis. Through their mobile click n' save campaign that allows mobile users to sign up for weekly emails that include special offers and discounts, they were able to touch their mobile customers more frequently. This campaign also allowed Southwest to grow their database and further segment those of it's customers who are active mobile users so that they can use them as targets for future mobile campaigns and promotions.

This campaign also served as way to increase the amount of Twitter followers and users of their iphone app which already allows passengers to make reservations, book car rentals, check in for their flights, check flight statuses and and look for more offers and deals. 

The Fascination Advantage & THE MASTERMIND

The Fascination Advantage

Sally Hogshead's Fascination Advantage Test allows people to discover the ways in which they fascinate others.  Through a series of questions, one can find out which two of the 7 Triggers of Fascination are their primary traits used to fascinate people and which trait might be perceived as dormant. After answering the questions and determining their triggers, people fall into one of 49 different personality archetypes, each of which has their own strengths and weaknesses.

 The 7 Triggers

Upon signing up for the Fascination Advantage, I didn't know what to expect.  With all of the different scenarios we face as humans and all the choices we have to make, I didn't think 28 questions would be enough to really determine useful information about ones personality.  However, after finishing the questions, I was amazed to find that it confirmed a couple things that I have known about myself but have often had a hard time analyzing and putting into words. 

The greatest part of the Fascination Advantage was the opportunity to read how what I've often perceived as a weakness can actually be used as a strength. While it's not the first time it's been brought to my attention that I can come across as "mysterious", I've never thought of that as a trigger. In fact, I've often tried to fight it. 

The Fascination Advantage was a great reminder that one should be conscious about which of their traits are most visible when making a first impression.  While one might not care what other people think, it can be beneficial to know if what other people are seeing is perhaps misleading.  After all, perception is a reality.

The Archetype: The Mastermind

At the end of 28 questions, I came to the exciting moment of finding out how it is that I fascinate others.  It turns out, people are fascinated by me because I am . . . The Mastermind! 

My two primary triggers are Power and Mystique.  I wasn't surprised by these results.  The interesting part was thinking about how the two triggers work in a combination. I've always thought the Mystique factor would hide the Power factor or vice versa. Learning how they can work in conjunction and how the combination can be beneficial in team situations was eye opening and I'd like to think that, if Mark Zuckerberg can succeed as "The Mastermind", so can I!  

According to the Fascination Advantage report, The Mastermind has "a complex mind and reserved demeanor" which is fairly accurate way to sum up how many people might describe me.  I have been called an enigma more than once, I've had people ask me what exactly it is that "makes me tick" and comment on my "brave" and "independent" operating fashion.  I've also been told that people listen to me because I feel the need to talk all the time. 

The Dormant Trait

Upon seeing Passion come up as my dormant trait, my first reaction was that this is in no way true. I then remembered perhaps the most important aspect of the test:

"This test doesn't measure how you see the world. This test measures how the world sees you."

In that case, my results wre very accurate. It was no surprise to read that I am known to approach challenges "rationally and methodically" and that my style of interaction tends to be "more intellectual than 'warm and fuzzy'".  I've often let this dormant trigger haunt me. I can think of numerous times in which people have mistaken me as "shy" or thought that I didn't care about something when I actually cared more than anyone.  Those who know me know that I am very passionate but that I just don't have a natural "cheerleader" personality. However, if someone only knows what they see in 20 minutes, showing lack of passion might not benefit me. 

Recognizing ones primary triggers as well as their dormant trigger is a way to prevent their pitfalls.  For example,  I have had multiple sales jobs at which I have excelled. How could someone with traits like The Mastermind excel in sales? They make a conscious effort to show their passion (the dormant trigger) and they use the fact that they are astute, confident and driven to their advantage.  

Fascinating Through Digital Marketing

In the digital age, people are no longer just introduced to each other in person. People are also being introduced to each other every day via email as well as through sites such as Google+, Facebook, About.me, and Linkedin. These sites present another space for people to command attention and build their personal brand.  For example, I supposed the fact that this blog is written on a simple template with Times font as opposed to a magenta colored template with Comic Sans font is reflective of the clear and methodical Mastermind behind it. 

Knowing ones fascination triggers gives them insight into how they can amplify their primary triggers, work on their dormant trigger and truly fascinate people, not only upon meeting in person, but also through digital media.