What Did You Do on Data Privacy Day 2020? Do Tell Us.

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions. As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights.”

Each year, Jan. 28 is known as “Data Privacy Day” in the United States and globally — also Data Protection Day in other jurisdictions.

As business organizations — and marketers — we see that it’s a day when consumers are reminded to exercise their “privacy rights” and take advantage of tips and tricks for safeguarding their privacy and security. In our world of marketing, there are quite a few self-regulatory and co-regulatory tools (U.S. focus here) that enable choices and opt-outs:

  • To opt out of commercial email, direct mail, and telemarketing in certain states, consumers can avail themselves of DMAchoice. For telemarketing, they can also enroll on the Federal Trade Commission’s Do Not Call database.
  • For data collected online for interest-based ads, consumers can take advantage of Digital Advertising Alliance’s WebChoices and Network Advertising Initiative consumer control tools, which are accessible via the ubiquitous “AdChoices” icon. DAA also offers AppChoices, where data is collected across apps for interest-based ads. [Disclosure: DAA is a client.]
  • Now that California has a new consumer privacy law, consumers there can also take advantage of DAA’s new “Do-Not-Sell My Personal Information” Opt Out Tool for the Web. Its AppChoices mobile app also has a new CCPA opt-out component for “do not sell.” Publishers all over the Web are placing “Do Not Sell My Personal Information” notices in their footers, even if others outside California can see them, and offering links to their own in-house suppression lists, as well as DAA’s. Some publishers are using new the Privacy Rights icon to accompany these notices.

Certainly, businesses need to be using all of these tools — either as participants, or as subscribers — for the media channels where they collect, analyze, and use personal and anonymized data for targeted marketing. There’s no reason for not participating in these industry initiatives to honor consumer’s opt-out choices, unless we wish to invite more prescriptive laws and regulations.

We are constantly reminded that consumers demand high privacy and high security — and they do. We also are reminded that they prefer personalized experiences, relevant messaging, and wish to be recognized as customers as they go from device to device, and across the media landscape. Sometimes, these objectives may seem to be in conflict … but they really are not. Both objectives are good business sense.

As The Winterberry’s Group Bruce Biegel reported while presenting his Annual Outlook for media in 2020 (opens as a PDF), the U.S. data marketplace remains alive and well. For data providers, the onus is to show where consumer permissions are properly sourced, and transparency is fully authenticated and demonstrated to consumers in the data-gathering process. It’s a rush to quality. Plainly stated, adherence to industry data codes and principles (DAA, NAI, Interactive Advertising Bureau, Association of National Advertisers, among others) are table stakes. Going above and beyond laws and ethics codes are business decisions that may provide a competitive edge.

So what did I do on Data Privacy Day 2020? You’re reading it!  Share with me any efforts you may have taken on that day in the “public” comments below.

Here’s a Modest Proposal for Batch-and-Blast Email Marketers and Robocallers

The increased volume of data-driven marketing initiatives have taken digital marketing to the top spot in the media universe. There, it’s likely to be king of the mountain until the next fashionable tsunami comes along. Enter, batch-and-blast email marketers and robocallers.

Unnumbered terabytes have been squandered recently as the increased volume of data-driven marketing initiatives have taken digital marketing to the top spot in the media universe. There, it’s likely to be king of the mountain until the next fashionable tsunami comes along. Enter, batch-and-blast email marketers and robocallers.

Consumers who formerly complained about getting too much mail are increasingly (and rightly) up in arms about the intrusiveness of unsolicited emails, ads jumping onto their Internet pages — visually blocking desired content, just when they want to see it — location-driven cell phone promotions advising them of the goodies inside the retail shop they are passing (remember them) or receiving endless robocalls.

Anything is possible! In today’s world of almost endless permutations and combinations of digital sales messages, what faster than a speeding bullet Superthing can stop them before they plunge irretrievably into some black hole, never to be seen again?

Would you believe that the answer is neither a superman nor woman? No: It’s not even a humanoid. It is quite simply that elusive substance that is said to make the world go ’round: money.

The useful website AlterNet recently carried what could be the game-changing story for our industry. Why stop with the industry? It could be a game-changer for our society and sanity. Consumers may not complain as much about emails and push ads as they do about robocalls, but you can bet they get nearly as angry about their privacy being invaded. Wrote Matthew Chapman:

Americans are being bombarded with robocalls. It’s an epidemic, and it’s getting worse. By a recent estimate, 71 million of these scam calls are being placed per hour, [my highlighting] often completely illegally.

Robocalls make up the top source of complaints to both the Federal Trade Commission (FTC) and Federal Communications Commission (FCC); both of which, in theory, have power to police robocalls. The problem is that it’s almost impossible to get rid of them.

Almost; but not impossible. As Shakespeare wrote:

“If money go before, all ways do lie open.” —Ford, “The Merry Wives of Windsor,” Act 2, Scene 2

Chapman reported that Roger Meiners, a professor of law and economics at the University of Texas at Arlington, has a brilliant proposal for how to defeat robocallers, once and for all. It has exquisite simplicity and can, by extension, apply to almost all of our batch-and-blast outrages. Professor Mainers’ proposal, which deserves nothing less than a Nobel economics nomination:

Levy a 1-cent tax on every outgoing phone call.

If codified into the law of the land, it would be collected automatically and digitally. Individuals and small businesses would hardly notice it. We’d all pay the tax but even for a heavy individual user who made 50 calls per day; his tab would be only $15.00 per month.

In the Wall Street Journal, Meiners explained how it would work:

Most taxes aren’t popular, but this one will be. Call it the Penny for Sanity Tax: a 1-cent tax on every call made. Fifty billion robocalls would cost $500 million — a powerful incentive to stop.

Because the tax would apply to all calls, it would avoid litigation about what can be legally disfavored. It would be impossible to evade by sneaking around classifications of calls. And it would not necessitate hiring more bureaucrats to enforce a complicated rule.

What a huge effect it would have if put into practice. The amount could be easily raised if it didn’t act as a sufficient inhibitor of batch-and-blast. The whole idea might also inform an app where the consumer could choose to get paid to look at ads. As the Bar proclaimed “ … all ways do lie open,” if there is coin to pay the piper. And imagine how even a little of this money might be used for the environment, the public good or worthy charities.

Now let’s stretch and imagine the application of the Meiners’ formula to email. The Radicati Group estimates the worldwide number of consumer and business emails sent per day in 2018 at more than 281 billion. If these were taxed at 1 cent each, (same as the calls, but harder to collect), the cost would be $2.8 billion per day. You get the idea.

Where technologies have run well ahead of the business models they support, not a lot of thought has been given to the actual costs of emails and robocalls. “Let’s mail another million. It isn’t costing anything. And then we can go to lunch” has an all-too-familiar ring to it, even if it happens to be more apocryphal than true. There is, as the saying goes, no such thing as a free email or robocall or lunch.

Because very few marketers have done the math to determine the real comparative bottom-line effect of over-promoting or looked at the medium- and long-term commercial and societal damage it causes, they might as well go off and enjoy lunch. Their C-Suite days are numbered.

Soon, they are likely to be replaced by a tribe of literate data nerds, a species currently in short supply. Their recruitment is driving up costs like international soccer stars. They are just what giant consulting firms, such as Accenture, need to support their acquisition of “creative” shops with funny names and casual dress and time-keeping habits certain to annoy the hell out of the senior partners, who are mostly former three-piece, dark-suited accountants who daily commute from the suburbs and arrive at the office with Swiss punctuality.

Imagine the culture clash. And imagine how in this radically changed game, our vision of response rates and costs — in fact, almost everything in our marketing sphere — would change for the better.

Best of all, when the telephone rings, we wouldn’t have to worry we were about to be propositioned or otherwise engaged in a time-wasting conversation with a robot.

Nostalgic for the Future: Data That is ‘Close to You’

Last week, I had a dream — and in it, Karen Carpenter and I were friends. The following night, I had a similar dream — and this time it was Carly Simon. I literally went to bed the next night hoping for a Roberta Flack visitation.

Last week, I had a dream and in it, Karen Carpenter and I were friends. The following night, I had a similar dream and this time it was Carly Simon. I literally went to bed the next night hoping for a Roberta Flack visitation. As a result of these slumbering vocalists and songwriters, I’ve spent a good part of my leisure time over the New Year holiday listening to all their songs on my iPod. It’s yesterday, once more.

Who knows why we dream what we dream?

Sometimes, it just happens that when we’ve experienced enough in life, in play, in work some situations are bound to come around again, next week or decades later. I mean, I owned all that vinyl way back then and now I can stream it all again.

Greatest Hits: Lifecycles of Data-Inspired Marketing

So when Marc Pritchard of Procter & Gamble last week at the Consumer Electronics Show talked about “a world without ads,” I said to myself “oh, I’ve heard this song before.” And he’s right to say it.

In the world of data and direct marketing, a quest for wholly efficient advertising and a mythical 100-percent response rate actually is a 100-year science. Thank you, visionaries, such as Claude Hopkins.

• The 19th Century shopkeeper knew each customer, and conversed regularly. Ideally, each customer’s wants and desires were noted and needs anticipated to the extent that the customer was fulfilled accordingly. (Aaron Montgomery Ward and Richard Warren Sears.)
• Direct marketing originally through print, catalogs and mail, and then broadcast sought to replicate this model remotely. Measurement, attribution and response were put to science. Creativity served the science, or science served the creativity in either direction. Segmentation, analytics and differentiated communication flowed. (David Ogilvy, Stan Rapp and Alvin Eicoff, among others).
• In digital, social and mobile, direct marketing is rejuvenated this time “data-driven marketing.” Some have described this as data-inspired storytelling, or direct marketing on steroids. How responsible data collection can be used to identify prospect needs and wants, and funnel tailored communication through to sale, service and repeat purchase. (Jeff Bezos, among others.)
• And now the product itself can be designed to communicate to the customer smart appliances, smart cars, and the parts and products inside, with sensors and Internet connections and mobile app interfaces all being able to let the user know, it’s time for consideration or some other product lifecycle action.

Post-Advertising: A Reverence for Data

In all these examples, the constant is “I want to know you, so I can serve you the customer” and the facilitator is data. We exist to create and serve a customer. Period. Anything less is not sustainable. Data, in these models, is sought, analyzed and revered. It is also transparent, and its use and application has consumer buy-in. That premise is as true now in the Internet age, as it was in the direct response era before it. We all need to excel in data reverence, first, and then data analysis and application.

Advertising does have a role here, of course. Not every product sells itself and not every product meets customer satisfaction fully. The best advertising, and even the best data behind it, cannot save a bad product. There is always a need for advertising and marketing to inform the consumer, and a brand promise that serves to attract and retain beyond the product.

Every generation has its pop heroes. Tonight, I may just dream of Adele.

Revisiting Do-Not-Call — With 7 Lessons for Us Today

I was a big fan of President Bush 41. I believed strongly in his career of service, which prepared him well as our nation’s leader. I indeed voted for him — twice. I miss his civility and quiet effectiveness as a world leader.

I was a big fan of President Bush 41. I believed strongly in his career of service, which prepared him well as our nation’s leader. I indeed voted for him twice. I miss his civility and quiet effectiveness as a world leader.

But I won’t forget one act of legislation that he signed the Telephone Consumer Protection Act of 1991. Initially, the law required private-sector telemarketers to maintain individual do-not-call lists and honor consumer requests to not call them at home, mirroring industry self-regulation codes at the time. The Federal Communications Commission (FCC) monitored the marketplace and enforced the law but passed, for the time being, on any united do-not-call registry administered by the government, though it had the freedom to do so.

Eventually, however, the Federal Trade Commission (FTC) under Bush 43 stepped in and established a government-administered National Do Not Call (DNC) Registry, which took effect in 2003. As many as 72 percent of Americans may have placed a number on that list.

And so ended most outbound consumer telemarketing … at least those by legitimate companies, that is.

Gee, Has Your Phone Rung Lately?

Now I ask you, today, how’s that still working for us?

During coverage of President George Herbert Walker Bush’s funeral last Wednesday and Thursday, my cell phone, home phone and office phone registered 11 unsolicited, masked and robocalls regarding health insurance, offers of credit, energy savings and a fundraiser.
Now, business-to-business calls are exempt from TCPA. So are non-profit calls and calls from politicians, and calls from businesses where I, as a consumer, have conducted transactions (and have not requested an opt-out).

But I can’t help but think of this law, the registry and its original purpose. There are some lessons for us to consider here.

Lesson 1

Lawmakers love to exempt themselves from regulation of marketing activity they find offensive somehow from the private sector but very effective when it comes time for their own outreach. Funny how that happens.

Lesson 2

Easy government-administered and mandated opt-out solutions National Do Not Call Registry look good on paper. They may even be politically popular. But are they effective in stemming unwanted intrusions? Ah, 15 years later, I think not.

Lesson 3

In setting up the DNC registry, the FTC effectively elevated a mere annoyance unwanted calls at dinnertime to a level of privacy protection that really harmed no one. A simple, albeit repeated, ring on the phone was equated to an outright intrusion into the home. I agree, a ringing phone interrupts. That elevation, however, was unprecedented: Prior restrictions on marketing use of information focused on real harms.

Lesson 4

The private sector has plenty of ways for the consumer to manage in-home peace and tranquility is a DNC registry even needed anymore? Time, technology and circumstances change sometimes rapidly. Advanced in age and wisdom, even my mom and dad know how to screen incoming calls for legit vs. bogus calls. We have plenty of tools that help us manage.

Lesson 5

In the late 1980s, ’90s, and 2000s, consumers had a free, easy way to opt out of national telemarketing calls: the Direct Marketing Association’s Telephone Preference Service. Even a state or two chose TPS as their own state’s DNC registry. Why the FTC even needed to spend taxpayer millions vs. DMA’s dimes to run a registry is a curious mystery. Often, the private sector through self-regulation or marketplace innovations offers consumers no-cost or low-cost options to limiting commercial free speech at the consumer’s discretion.

Lesson 6

Data quality in the hands of the government can be suspect. Eventually, the National DNC Registry became bloated and loaded with cellphones, disconnects, reassigned numbers and other data miscues. Industry complaints in their use of DNC did eventually bring some resolution here but if a private-sector data asset ever got the same lack of quality treatment, then it would have been abandoned years ago by the market.

Lesson 7

Fraud is fraud is fraud and bad guys lurk. Nefarious players are going to flaunt or ignore laws and regulations, anyway so policymakers and enforcers might rather pursue courses of action that still allow beneficial economic activity to happen, while focusing on fraud that is indeed harmful, and not merely an annoyance to some.

Am I Jaded: Is the DNC Registry Today Really About Fewer Calls?

There are some people who measure Do-Not-Call registry success and possibly other would-be Do-Not marketing mandates based on how many Americans have signed on and that’s enough for them (read, easy votes). Blah! The law effectively killed a legitimate marketing activity, undermined commercial free speech and has not kept pace with fraudsters.

Sign-ups are the exact wrong metric to pay attention to … if they care about why such a DNC registry was purportedly designed in the first place. Fifteen years on, this registry has lost its way. What matters is less ringing at dinner time and during funerals.

Tesla, the Tornado … and CX, a Tale From the Chargeless Road

CX, particularly for a brand such as Tesla, needs to catch up with the user experience of operating these art-and-science vehicles.

CX lesson for Chet Dalzell
Photo: Chet Dalzell Gets a CX Lesson in Tesla Power Infrastructure, 2018. | Credit: Chet Dalzell

This is a CX tale. Summer goings-on took me to the highway this past week; and with it, concerns from a friend who is planning to drive her Tesla from Denver to Chicago over the coming weekend.

Tesla is an electronic vehicle, and its cars’ “fuel stations” are charging stations, spaced along the highways of America. Without a charge in a car’s battery, the vehicle cannot be operated. Tesla supercharging stations enable a battery to be fully powered in a matter of many minutes, rather than several hours via a conventional plug.

I love all things sustainable, And with it, the beautiful, sleek and very tech-savvy Tesla Model S she owns, with a desktop-size flat screen navigator, spacious sky roof and plentiful horsepower, among many other attributes, satisfies that love. She also owns a Ford 350 pick-up and a Toyota Prius hybrid. We happened to be driving in her pickup truck from western Nebraska (where we had attended a high school reunion in Ogallala) back to her home in metro Denver.

We’re racing along Interstate 76 at an undisclosed speed, when suddenly we see evidence of what had transpired merely hours before. We slow down.

As we approached Brush, Colo. — about 90 miles northeast of Denver — the uncharacteristic late July landscape of green suddenly turned brown, as if every scrub of grass had just been torn from the earth. The sage reduced to lonely stalks. Then, we see the power line poles snapped in two in the field alongside the highway. Even an exit sign is bent over and mangled. We were driving inside the aftermath of a tornado. (Thankfully, this storm injured no one.)

Then we arrived at the Brush exit ramp. A growing army of power vehicles were parked at the Shell station at the foot of the ramp, a sort of power restoration staging area. The gas station itself was damaged heavily — its roof ripped off the main building or caved in (or both), and the gas pumps stripped of their casing. It was surreal. Police tape and pylons restricted access to the one reason we took this very exit: to see if the Tesla supercharge station adjacent to the Shell station was online. Clearly, it was not.

Thankfully, we were in a pickup truck — and not the Tesla, which would have been in need of an immediate charge. My friend was planning her drive two days later to Chicago — and Brush, Colo., is the “first” supercharging station outside of Denver — a full two hours from the next charging station in Ogallala, across Colorado’s northeast border. She told me, with the downhill elevation from Denver to Ogallala, and all non-essentials (air conditioning, et al) turned off — she should be able to make it all of the way to Ogallala, without a charging stop in Brush. For her sake, I hope she’s right.

When ‘Real-Time’ Is Not Real-Time

With Tesla ownership comes a “community” of support for both the brand and electric automotive, in general. This was an introduction to me. All I own for transport is a Citibike key and a New York City MetroCard. Tesla has a branded app, and the e-car community has a non-branded app and site called PlugShare. The Tesla app is supposed to have real-time information on the online status of all stations — and if plugs are available within each station. PlugShare seeks to provide much the same.

At the time of our tornado discovery and aftermath, both apps still showed current power availability in Brush. But a look at the comments section from helpful Tesla and other electric car owners regarding Brush told the real, other story. There’s no power, and no indication of when it may be restored. Tesla owners also commented that they had reported the outage to Tesla by telephone, as early as 90 minutes after the storm. We attempted to call Tesla (some 20 hours after the storm) to inquire about expected restoration, but our call was put on a call-in-queue cycle, and after 15 minutes – with no hold notice on expected wait time — we gave up and hung up.

It wasn’t until the next day when we checked did we find that the Tesla in-car navigation, with charging station status information, had caught up to the Brush station’s still-offline status. Unfortunately, no further information on when the station may be restored was made available there.

In This Case: Why CX Needs to Be State-of-the-Art

Customer experience — particularly for a status brand, such as Tesla — needs to catch up to the user experience of operating these art-and-science vehicles. Especially for a network infrastructure so vital to electronic vehicle operation across distances. In this case, CX is also important to the entire user category. Plugshare helped augment these shortcomings, but Tesla’s CX might be a lot more urgent.

If Citibike can tell me via its app in real-time that docking stations have available bicycles or not, or which docking stations are offline, then why shouldn’t Tesla’s app at least be able to do the same regarding its network of charging stations, in real time? Even if a widespread or localized power outage might interfere with a real-time signal of status, why couldn’t Tesla at least post an in-app notice on its awareness of the incident, or respond to posted comments elsewhere? It might even offer a link to the local utility’s power restoration status, so Tesla drivers can plan their journeys safely and accordingly.

In this outage, it was Tesla owners themselves giving the status updates — via user-facilitated, third-party in-app content.

PlugShare, a third-party app with many more users, seemed to have more user comments about the Brush station status, with myriad reports from Tesla owners regarding the situation. It’s not unusual for non-branded community apps in any given category to be filled with such user information, typically reliable. In this case, brands and their apps should make a point to monitor these go-to third-party communities to react to comments and to keep their own customers informed and engaged there.

There may be extenuating circumstances in play here. Perhaps Tesla does all of the right things — but seeks to verify and validate before posting such information, I’m not sure. But gee, what a beautiful car, with beautiful performance. As an extension of the brand, the customer service experience needs to be equally on-point. For Tesla owners, it’s also a matter of not finding themselves powerless in Brush, Colo.