Mobile data broker Kochava has agreed to revise some privacy practices to settle class-action claims over the alleged sale of location data, according to court papers filed Thursday,

Among other changes, the company has agreed to implement a feature aimed at blocking the sharing or use of raw location data associated with health care facilities, schools, jails and other sensitive venues.

The proposed settlement terms, filed Thursday with U.S. District Court Judge B. Lynn Winmill in Coeur D'Alene, Idaho, also requires the company to allow consumers to opt out of data collection by submitting “a simple web form,” and place opted-out consumers on a blacklist that Kochava says will “prevent all future ingestion, use, and/or sale” of their data.

Another provision requires Kochava to ensure that any location data it collects from an app will be used “exclusively for the benefit” of that app -- unless the data was collected with consumers' express consent.

The settlement calls for the company to pay attorneys' fees of up to $1.5 million, and awards of up to $17,500 for the lead plaintiffs, but doesn't otherwise provide for monetary damages.

According to the court papers, the data broker told the plaintiffs that it “lacks adequate insurance coverage for the claims,” and “that its financial condition both precluded a monetary settlement and virtually guaranteed Kochava would cease to operate” if it lost the case.

If finalized, the deal will resolve several lawsuits dating to 2022 and 2023 over allegations that Kochava obtained and sold precise location data that originated with mobile apps.

The suits were filed soon after the Federal Trade Commission charged Kochava with acting unfairly by allegedly selling data that could expose sensitive information, such as whether people visited doctors' offices or religious institutions.

Among other allegations, the FTC alleged that Kochava sells precise geolocation data as well as mobile advertising IDs -- unique, 32-character identifiers that persist, unless consumers reset them.

Kochava, based in Sandpoint, Idaho, has argued that data it sells isn't personally identifiable, and that the FTC's allegations -- even if proven true -- wouldn't amount to unfair conduct.

A company spokesperson said the agreement “memorializes” Kochava's filtering tool -- dubbed Privacy Block -- “as a sensible and practical tool.”

“The settlement is a step in the right direction for U.S. data privacy and we look forward to continued progress in this arena,” the spokesperson stated.

Kochava rolled out Privacy Block in 2022, shortly before the FTC sued. At the time, the company said the tool would filter out “health services location data.”

The settlement agreement requires Kochava to filter out a broader range of data -- including locations associated with religious establishments, schools, childcare centers, homeless shelters, jails and offices providing services based on factors like LGBTQ+ status, political affiliation and religious beliefs.

Kochava told Winmill in October that it had settled the class-action suits, but didn't file a proposed agreement until Thursday.

The company is continuing to fight the FTC's charges.

A California resident has accused Amazon of secretly collecting sensitive geolocation data from smartphone owners who download apps that allegedly contain the company's software development kit.

“Amazon developed and disseminated a software development kit ... called the Amazon Ads SDK that enables backdoor access to consumers’ devices and opens a direct data collection pipeline to Amazon and its advertising partners,” Felix Kolotinsky alleges in a class-action complaint brought Wednesday in U.S. District Court for the Northern District of California.

The complaint claims that Amazon violated California's anti-hacking law by accessing consumers' mobile computers without their permission, and violated a state restrictions on collecting metadata associated with electronic communications.

Kolotinsky alleges that the Amazon Ads SDK allows the company to collect “precise and timestamped latitude and longitude geolocation coordinates from consumers’ devices,” as well as mobile identifiers (alphanumeric strings comparable to serial numbers) and device fingerprint data -- such as information about phone's models, operating systems, screen size and other details that allow companies to track people based on their phones' characteristics.

“Consumers are never informed about Amazon’s SDK nor are they allowed to opt-in or opt-out of Amazon’s data collection practices -- if they even know what the Amazon Ads SDK is, let alone that it is embedded in the apps they are using,” the complaint alleges.

“Amazon’s unauthorized data collection was neither incidental nor accidental,” he adds.

Kolotinsky alleges in the complaint that downloaded Ookla's Speedtest app -- which allows people to test the speed of their broadband connections -- and enabled location services in order to share his location with the app.

He adds that he was not informed that the app contained the Amazon Ads SDK, and didn't consent to share data with Amazon.

“Prior to collecting timestamped geolocation information, unique device IDs, device fingerprint data, and information about which locations he visited, neither Amazon nor Speedtest informed or otherwise disclosed to Plaintiff that Amazon’s Ads SDK was embedded in the Speedtest app, or that if he used the Speedtest app, Amazon would collect his precise geolocation information,” he alleges.

He is seeking an injunction barring Amazon from violating California laws, and monetary damages.

Amazon has not yet responded to MediaPost's request for comment.

This is the last time you will ever see me write about cookie deprecation.  Simply put, there is no such thing anymore.  Cookies are here to stay.

Last year, Google announced it was no longer going to deprecate third-party cookies, but instead would let the industry know when it would enable users to block cookies.  The fact is, you can do that now, and you’ve been able to do that for some time.  Google doesn’t really need to call attention to this functionality to be in compliance with GDPR and other privacy initiatives, and the government has zero interest in pursuing this issue anymore.  They are busy with a whole host of other initiatives.

Google held the keys to the car for cookies for the last five years or so, and it never did away with them.  Now it can proclaim its efforts were all in honor of consumer privacy without any additional impact on its advertising business.

Most day-to-day users of Chrome have their settings the way they want them, and I don’t expect much change there.   For all the conversation around ad blockers, that landscape is rather stagnant and probably reached a plateau.

I would also argue that the next wave of digital media has little to nothing to do with cookies, and Google understands this.  The first wave of the web was browser-based.  The second wave was app-based, as more traffic shifted to mobile amid the desire for companies to create one-to-one relationships with their customers.

This next wave is AI-based and video-focused, and cookies are not as important going forward as context and content.  This next wave of digital media circles around two functional UI changes.

First, search and website traffic will be upended and replaced with generative search results and video.  The former means AI will scrape, digest and synthesize data to respond to queries rather than sending users to sites to do the work on their own.  The latter relates to the dramatic increase in overall traffic that is simply dedicated to video.

I saw a report recently from Cisco that predicts 80% or more of total web traffic will be video-based in the next couple of years.  That is a huge number that stresses the fact that traffic will be AI scouring the web and users watching video.  In neither case are cookies really that necessary.

This UI shift in digital means display ads are less valuable.  The way brands will engage is through video, and through feeding AI the information that is most relevant.   Consumers will engage in writing or voice with AI, and then they will watch video content across all the channels, and the owners of these platforms will continue to have the data that was previously based on cookie collection.  This will represent another sea change in the category -- with a further tilt toward the companies that own the platforms themselves.

Did Google plan all of this?  Probably not.   Its strategists may have read the tea leaves and predicted this change was on the horizon.  They played a long game that allowed them to remain at the center of the conversation -- a brilliant strategy, in my eyes.

Did they use this to their advantage?  Of course.  Wouldn’t you?  You can’t blame them.  If any one of us were in their position, we’d likely have done the same thing.  Don’t you agree?

A federal appellate court late last week struck down a Federal Communications Commission order that would have curbed companies' ability to send robotexts to consumers.

The FCC order, issued in late 2023, would have required every company that robotexted or robocalled a consumer to obtain that person's consent. The order aimed to close what the agency identified as a “lead generator loophole” in the Telephone Consumer Protection Act -- a law that prohibits companies from sending robotexts or robocalls to consumers without their prior consent. The loophole identified by the FCC allowed one company to ask a consumer to receive robotexts or robocalls from numerous other companies.

Former FCC Chair Jessica Rosenworcel said at the time that the “lead generator loophole” was “a big reason why unwanted robocalls and robotexts are multiplying on our phones.”

“Imagine you are shopping online,” she stated. “You give a business your number and in a single click you are also giving that business the right to sell and share your number with hundreds if not thousands of other businesses that may use it to send you robocalls and robotexts that you never asked for, do not want, and do not need. They bury it in the fine print, so you do not realize when you make that one click you are authorizing all kinds of incoming junk to your phone.”

The Insurance Marketing Coalition sued in the 11th Circuit Court of Appeals to strike down the FCC's order, arguing it would “reduce consumer choice, drive small businesses from the market, and devastate many companies that partner with and rely on comparison shopping websites to connect with potential customers.”

A three-judge panel of the 11th Circuit sided against the FCC, ruling on Friday that the agency lacked authority to require companies to obtain one-on-one consent for robotexting or robocalling.

“Under the 2023 Order, even if a consumer 'clearly and unmistakably' states, before receiving a robocall, that he is willing to receive telemarketing or advertising robocalls from multiple entities, the 2023 Order provides that consent cannot be given unless the consumer independently and separately consents to receive robocalls from each individual caller,” the judges wrote. “In so doing, the 2023 Order exceeds the FCC’s statutory authority.”

Visa is the first official partner for X's forthcoming in-app payments product, “X Money,” according to a post by X CEO Linda Yaccarino on Tuesday morning.

According to Yaccarino, X Money will debut later this year. Visa's participation in the initiative is designed to allow for secure and instant funding of user's “X Wallets” via Visa Direct, the company's real-time money transfer solution.

X users will also reportedly be able to connect their debit cards for peer-to-peer payments, while “instantly” transferring funds into their bank accounts directly from the social-media app, similar to Zelle or Venmo.

Plans to launch X Money this year highlight X's ongoing commitment to become “an everything app,” especially with regard to in-app payment functionality.

X owner Elon Musk has a notable history in online banking. The billionaire's first online banking start-up, X.com, launched in 1999 and eventually became PayPal.

Not long after Musk bought Twitter in 2022, the platform's parent company X Corp secured its first licenses to enable funds transfers in the app -- allowing companies to send, receive, and transfer funds among users in New Hampshire, Michigan, and Missouri. Now, the company has these licenses in more than 40 states.

In an interview, Musk likened the future of X's payment functionality to China's popular WeChat app, which billions of users in the region use to pay their bills and buy groceries, along with entertainment and social media-based activities.

However, Musk and Yaccarino misinformed users who expected “X Money” to launch by the end of 2024. In October 2023, Musk informed X employees that they would soon not need a bank, stating that “it would blow my mind if we don’t have [X Money] rolled out by the end of next year.”

Musk has said that New York would be a key state for the platform’s initial payments push, but X withdrew its application for a license in the state after a legal filing was made against the platform for allegedly disclosing confidential user data to the Saudi Arabian government and Saudi Crown Prince Mohammed bin Salman’s investments in X.

Neither Musk or Yaccarino has announced an official launch date for X Money.

Multitasking during the Super Bowl is only set to increase -- and in tandem with ever-new proving grounds for advertisers.

It’s not just about multi-screens -- at least two (a big TV screen and smaller mobile screen) -- but multi-app/platforms working at the same time.

New research from Adtaxi shows, for example, that 31% of respondents -- 1,021 adults conducted on January 6 -- will only use one screen.

We know from history that traditional TV viewing via the big screen can pull in around 110 million to 120 million viewers.

Last year, Super Bowl LVIII set a new record -- 123.7 million Nielsen-measured viewers, airing on the CBS Television Network, Univision, Nickelodeon, and Nick at Nite. This also includes digital video/CTV from Paramount+, CBS Sports, and NFL+, and other sources. The price tag this year for a 30-second spot is now just north of $7 million.

The biggest secondary source heading into this year’s event on Fox Television Network (and other linear/digital outlets) looks to be social media, with 46% of respondents tagging digital media at the top secondary source; with 30% pointing to cable/broadcast TV as a secondary source.

The broader view shows 77% using some digital media access throughout the day -- coming from any number of possible activities during particular moments of the day.

This includes rising interest in wagering on the game via still growing betting/wagering apps including FanDuel, DraftKings, BetMGM, ESPN Bet, and others.

YouGov.com estimates share for top sites now has DraftKings at 14% share, followed by FanDuel (13%), bet365 (12%) and BetMGM (10%), and ESPN BET, at 9%

Research shows that while sports in particular command more male users than females -- typically 60% to 65% or more -- Super Bowl viewing reveals a more mixed audience -- male viewers (50%). Research also says 47% will be upper income adults.

Adtaxi says Super Bowl multitasking will become increasingly more fragmented.

What does that mean? More opportunities for marketers to dig deeper into targeted audiences with many different activity access data points and interests.

Is that good news? It can be a complicated media play for brands to consider for a possible big score on one of the biggest days for advertisers.

The Super Bowl is a place for even more experimentation. Look for an edgy brand’s version of a new quarterback sneak -- or even a ‘tush push’.

PALM SPRINGS, CA -- Uber Advertising could expand ad units on its app that would work and look more like Google Maps.

The app might even tie in data to target ads in other apps like Facebook and TikTok about local businesses as the driver passes by stores based on location.

“We’ve had brands want to sponsor the car, but we have not gone there yet,” said Kristi Argyilan, head of Uber Advertising.

Uber does not have ads in the app that serve up when a car passes a certain store similar to Google Maps, but Argyilan appears to believe that is a possibility. "We don't yet," she said. “We’re also interested in what other screens you're looking at while on a trip. Are you looking at another app Instagram, TikTok or something else.”

Today, Argyilan said, Uber does not have that data, but the company is working with others to understand it. While she is "brand new into the role, business is on an upward trajectory.”

It's not difficult to understand why or how. Argyilan, who is responsible for launching Albertsons Media Collective business, has been known to take the lead in retail media. Now she is doing the same for Uber.

In an earlier panel at the IAB ALM conference, David Mogensen, vice president of global marketing at Uber and Uber Eats, spoke about brand purpose and how to ensure that the brand remains relevant in everyday life. 

"The challenge comes when there's a distance between the brand's purpose and how money is made," he said. "Brand purpose should be core to what the brand does. For us it's about reimagining mobility -- how we get things for you or get you places."

Uber Eats has already released the teaser for its Super Bowl 2025 commercial, in which Matthew McConaughey swaps his Texas twang for a Chicago accent in a 30-second teaser.

McConaughey swaggers over to a full-length mirror with a photo of Chicago Bears’ former coach Mike Ditka taped beside it. Next to the taped picture, he tries to look like the Pro Football Hall of Famer with his hair combed back, a button down and tie underneath a Bears t-shirt.

Latin America has become a growth market for small and medium-sized businesses in 2025, prompting brands to look for ways to solve a critical challenge. They must adapt to marketing strategies and emerging technologies like generative AI. Markets have distinct cultural differences. Other areas also hold significant opportunities.

“We are adopting our current partners in the U.S. to be more culturally relevant,” said Lindsey Wilkes, senior vice president, business development at Orange 142, a division of Direct Digital Holdings.

Wilkes said the company is not just a support for clients looking to expand into these regions into the U.S., but also U.S. companies looking to expand into these regions — all based on data seen.

Orange 142 on Monday will announce the launch of an Emerging Markets Council to focus on expanding the reach of SMBs into global markets, starting with Latin America, Mexico and other Spanish-speaking regions.

Wilkes will lead the council, bringing together some of the company’s Hispanic and Spanish-speaking executives to guide the initiative's direction. The council's approach is to pay close attention to regional trends such as multigenerational travel, Gen Z consumer preferences including the strong appeal of immersive and the unique dynamic where one decision-maker often influences large family group choices.

Based in Houston, Orange 142’s Emerging Markets Council 2025 will focus on providing SMBs with tools and strategies to navigate dynamic markets, creating culturally relevant campaigns to deliver measurable results.

Orange 142 has had success in working to connect brands with Hispanic consumers in Mexico, including Travel Santa Ana. The agency has increased visibility, boosted tourism, and promoted cultural relevance.

The council's approach will pay close attention to regional trends such as multigenerational travel, Gen Z consumer preferences including the strong appeal of immersive and the unique dynamic where one decision-maker often influences large family-group choices.

Through a targeted digital campaign across key cities like Mexico City, Guadalajara, and Monterrey, Orange 142 leveraged behavioral audience insights, creative direction, and robust media strategies, to generate over 3.5 million impressions, 68,818 website clicks, and increased awareness of Santa Ana as a cultural destination.

Many companies such as Vision Haircare based in Sweden face challenges reaching consumers in the United States and other parts of the world. Jonas Andersson, CEO at Vision Haircare, was gracious enough to find a way to sell the company’s products into the United States after I had discovered them on a Viking cruise around the British Isles. That’s where I initially tried and fell in love with the products.

Having a company like Orange 142 to guide these smaller regional companies into other countries worldwide reflects the promise of the web, being able to go online and make purchases from companies around the world.

Wilkes said mobile devices more than likely could have pinged the user’s location and “identify that you had been at that port and most likely had been a visitor on that ship. Then using the data, they could serve you ads and take you to a website when you got home.”

Phones are littered with flowers, chocolates and jewelry ads targeted to celebrate love on Valentine’s Day just weeks after advertisers spent months reaching out to consumers during the holiday season.

Google and Microsoft have caught on and have been rolling out a barrage of tools to support the frenzy.

Retail sales from Thanksgiving to New Year's Day grew 4% in 2024 compared with 2023.

The National Retail Federation (NRF) saw forecast sales increase between $979.5 billion and $989 billion, or between 2.5% and 3.5%.

But 2024 sales hit a record — $5.28 trillion, up 3.6% compared with the prior year.

Google and Microsoft are increasing the launch frequency of services and tools. Google on Thursday announced it will add a slew of features to Performance Max in several key areas in the coming weeks.

Google also announced the rollout of detailed custom reports for Google Analytics 4 that enable advertisers to take the exact settings and layout of a custom report or analysis created in one Google Analytics property and duplicate it for other properties. This maintains consistent reporting and saves time.

Microsoft on Thursday shared four new capabilities rolling out to advertisers in a pilot. Those include reporting updates, conversion value rules, new customer acquisition goals, and LinkedIn targeting as an audience signal. The later is only available in the U.S., CA, UK, AU, FR, and DE markets.

Why all the tools and services so early in the year?

Advertisers have barely recovered from the holiday media-buying season, and now they are focused on Valentine’s Day.  Americans embrace this tradition to express love, giving brands yet another reason to connect with a specific audience.

Microsoft Advertising in a blog post listed the top shopping categories advertisers should consider targeting. In the United States, the categories are jewelry, clothing and flowers. Some 40% of purchases for this holiday are made online.

Shopping preferences for this holiday in France typically are for flowers, perfumes and jewelry, with a high concentration of Gen Z shoppers.

United Kingdom consumers tend to buy flowers, clothing and jewelry, with Gen Z and Millennials more likely to respond to video ads.

Consumers in Germany tend to buy flowers, candy and perfumes, with a strong mobile engagement with multimedia Valentine’s Day ads.

One of the most interesting trends across France, Germany, and the United Kingdom is that 26% of Gen Z consumers planned to give Valentine's gifts for the first time -- double that of other generations' 13% participation rate.

Microsoft also focused on the timing of campaigns. Some 61% of Valentine's Day conversions in February start with clicks that occur in December and January. General Valentine's Day searches start increasing in late December and continue through February 14, with searches in key verticals rising starting three weeks before the holiday.

Consumers are more likely to start their journey with non-brand searches, despite the fact that brand and non-brand searches influence conversions through the journey.

Non-brand searches tend to increase to 68%. Once the consumer is ready to make a purchase, per Microsoft, brand and non-brand conversions are evenly distributed.

For consumers who only need one click or touchpoint, 69% convert on branded searches, per Microsoft.