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'Creepy' Listening Tool for Targeted Ads Didn't Actually Work, FTC Says
The Federal Trade Commission announced on Thursday that Cox Media Group and two other marketing companies, MindSift LLC and 1010 Digital Works, have agreed to collectively pay nearly $1 million to settle allegations that they deceived their customers -- other businesses -- by claiming that they could help target ads based on audio recordings collected from consumers' smart devices via a marketing service called Active Listening. In a statement to WIRED, a spokesperson for CMG says, "We are pleased to have this matter resolved. Our local marketing team relied on marketing materials provided to us by a third-party vendor about their product. We withdrew the materials expeditiously and stopped further use of the product." MindSift and 1010 Digital Works did not immediately respond to a request for comment. (Disclosure: The author of this article previously worked for the FTC.) Over the years, conspiracy theories about companies listening to people through their phones in order to serve them ads have been repeatedly debunked. The marketing about Active Listening, which was first reported by 404 Media, stoked those fears. According to the FTC, at one point a website advertising the service included the slogan, "Creepy? Sure. Great for marketing? Definitely." In three separate complaints, the FTC says that CMG made several claims about its ability to collect consumers' conversations from "smartphones, smart TVs, smart speakers and other devices" and then use AI to target ads to potential customers based on where they live and what they said. CMG and the other companies also said that consumers had consented to the collection and use of their voice data, according to the complaints. The FTC alleges that none of those things were true. Instead, the FTC contends that what CMG was offering was "nothing more than consumer email list buying" and that the lists it resold were "a significant markup over the cost of the data." As part of their agreements with the FTC, CMG and the two other companies promised not to make misrepresentations about their marketing services or their collection and use of audio recordings or transcripts of consumer conversations. CMG agreed to pay $880,000, while MindSift and 1010 Digital Works each agreed to pay $25,000. The combined $930,000 will go to businesses that were "impacted" by the three companies' practices, according to the FTC -- in other words, businesses that purchased the Active Listening marketing service because they were under the impression that the service worked as advertised, including that people consented to having their voice data used. The FTC's complaints don't make allegations about whether it's illegal to use audio recordings collected from people's smart devices to target them with ads, but the FTC clearly has a problem when a company says it does that but actually doesn't. In a statement, Christopher Mufarrige, the FTC's director of the bureau of consumer protection, says, "It is a basic rule of business that you need to be honest with your customers, and these companies failed to do that."
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Cox Media fined for claiming it used AI to track consumer conversations
May 21 (Reuters) - The U.S. Federal Trade Commission fined Cox Media Group and two other companies for falsely claiming they could use AI to target ads based on conversations consumers had near their smart devices, the agency said on Thursday. Here are some details: o The company falsely told potential advertisers in 2023 that it used artificial intelligence and voice-processing technology to "identify buyers based on casual conversations in real time," the FTC said. o Cox also falsely told clients that consumers had opted in to voice data collection and use, the agency said. o "Creepy? Sure. Great for marketing? Definitely," the company told prospective clients on its website, according to the FTC. o The company agreed to pay $880,000, while MindSift and 1010 Digital Works, two smaller marketing firms Cox worked with, each agreed to pay $25,000. o Cox operates radio and broadcast television stations in several states, and has a digital marketing arm focused on streaming and online ads. o Cox said it had relied on marketing materials provided by a third-party vendor about the vendor's product, which it has stopped using. MindSift and 1010 Digital Works did not immediately reply to requests for comment. (Reporting by Jody Godoy in New York; Editing by Mark Porter)
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The FTC fined Cox Media Group $880,000 for marketing a service that falsely claimed to use AI to capture consumer conversations through smartphones and smart speakers. Two partner companies, MindSift LLC and 1010 Digital Works, also settled for $25,000 each. The so-called Active Listening service turned out to be nothing more than email list reselling at marked-up prices.
The Federal Trade Commission announced Thursday that Cox Media Group, along with marketing firms MindSift LLC and 1010 Digital Works, will pay nearly $1 million to settle allegations they deceived business customers with false claims about an AI-powered advertising tool
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. The companies marketed a service called Active Listening that supposedly captured consumer conversations from smart devices to deliver targeted ads, but the FTC says the technology never actually worked as advertised.Cox Media Group agreed to pay $880,000, while MindSift and 1010 Digital Works each agreed to pay $25,000, bringing the combined penalties to $930,000
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. These funds will go to businesses that were impacted by the deceptive marketing practices.Source: Market Screener
According to FTC complaints, Cox Media Group falsely told potential advertisers in 2023 that it used artificial intelligence and voice-processing technology to "identify buyers based on casual conversations in real time"
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. The companies claimed they could collect consumer conversations from "smartphones, smart TVs, smart speakers and other devices" and then use AI to track consumer conversations for ad targeting based on location and spoken content1
.The marketing materials even embraced the invasive nature of the concept. At one point, a website advertising the service included the slogan, "Creepy? Sure. Great for marketing? Definitely," according to the FTC
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. The companies also told clients that consumers had consented to voice data collection and use, claims the agency says were entirely false.
Source: Wired
The FTC contends that what Cox Media Group was offering through its creepy listening tool was "nothing more than consumer email list buying" and that the lists it resold were marked up significantly over the cost of the data
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. Rather than using sophisticated AI or voice-processing technology to capture conversations, the service simply purchased and resold consumer email lists to advertisers who believed they were getting access to cutting-edge targeting capabilities.In a statement, a Cox Media Group spokesperson said, "We are pleased to have this matter resolved. Our local marketing team relied on marketing materials provided to us by a third-party vendor about their product. We withdrew the materials expeditiously and stopped further use of the product"
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The case highlights how businesses can be deceived by marketing practices that promise advanced technological capabilities. Cox Media Group operates radio and broadcast television stations in several states and has a digital marketing arm focused on streaming and online ads
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. The fact that a major media company was involved in promoting these falsely claimed to use AI capabilities raises questions about due diligence in the marketing technology sector.As part of their settlements with the FTC, Cox Media Group and the two other companies promised not to make misrepresentations about their marketing services or their collection and use of audio recordings or transcripts of consumer conversations
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. While the FTC's complaints don't make allegations about whether it's actually illegal to use audio recordings from smart devices for targeted ads, the agency made clear that lying about such capabilities violates consumer protection laws.Christopher Mufarrige, the FTC's director of the bureau of consumer protection, emphasized this point: "It is a basic rule of business that you need to be honest with your customers, and these companies failed to do that"
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. The settlement serves as a warning to marketing technology providers that overpromising on AI capabilities can lead to substantial penalties, even when the underlying privacy concerns turn out to be unfounded.Summarized by
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