Tag Archives: mobile campaign

Mobile Visionary Roundtable Event to be Held in Chicago on February 17, 2010: Mobile Marketing and a Visionary Look Forward

On February 17, the Mobile Visionary Roundtable at the Illinois Technology Association (ITA) welcomes guest speaker Alex Campbell presenting on Mobile Marketing and a Visionary Look Forward.

Did you know mobile messaging revenues worldwide are expected to grow to $233 billion in 2014, up from about $150 billion in 2009, according to a new forecast issued by Portio Research? Additionally, according to Gartner, mobile app store revenues will reach $6.2 billion in 2010. Worldwide downloads are expected to surpass 21.6 billion by 2013.

Register in advance. Informal networking begins when doors open at 8:00am.

Known throughout the industry for his candor regarding the state of mobile technology, Alex is a sought after speaker within the technology and financing circuits. He has won a number of awards throughout his career including Red Herring’s Top 25 Tech Rebels and Crain’s Business Chicago Top 40 Professionals under 40.

Following the insightful educational portion of our roundtable, participants will split into themed mobile breakout sessions where they will enjoy networking opportunities and share best practices in mobile marketing, technology and application development.

This event takes place in downtown Chicago on Wednesday, February 17, 2010, 8:30am-11:00am.
Register for the event here.

ITA roundtables are a benefit of ITA membership. Members of the general Illinois technology community are always welcome to check out any ITA roundtables free-of-charge. Roundtable events are held in downtown Chicago, across from the Sears Tower (now named the Willis Tower) at 200 S Wacker Dr, 15th Floor, Chicago, IL 60606.

Additional forthcoming Mobile Visionary roundtable mobile topics include:

• Mobile Marketing Plans
• Best Practices in Apps Development
• The Future of Mobile
• Business Enterprise Applications
• Mobile Monetization
• Global Considerations in Mobile
• Platform Comparisons (iPhone vs. Android vs. Pre, etc.)

If you have any questions or would like more information, please contact the Chairs:

Tim Cascio (262) 938-5543
tcascio[at]bader-rutter.com

Raymond J. Reinhardt (312) 924-1681
Raymond@Cuddlephish.com

About the speaker, Alex Campbell
Alex has dedicated the past decade to pioneering the mobile marketing discipline and educating clients on its value as a viable marketing solution. A leader and visionary, his expertise has led to Vibes’ double digit growth, every year since 2004.

About The Mobile Visionary Roundtable
The Mobile Visionary Roundtable offers a forum for ITA members to engage in active networking and interactive, high-gain, topical discussions regarding mobile marketing and technology. The monthly Mobile Visionary Roundtables feature mobile expert guest speakers, including mobile strategists, marketers and developers from around the world.

About the Illinois Technology Association
The Illinois Technology Association (ITA) represents the interests of a diverse membership of more than 650 companies in Illinois that create, deploy and utilize information technology as a core part of their organization. By connecting members with industry peers and participants, providing the latest strategic information, market research and critical market insight and by promoting key thought leaders to raise visibility and gain a greater market awareness and presence, ITA is focused on building and developing the Illinois technology community through collaboration. Additional information is available at http://www.IllinoisTech.org


Tim CascioTim Cascio is the author of the Mobile Marketing, Monetization and Methods blog, Co-Founder/Co-Chair of the Mobile Visionary Roundtable at the Illinois Technology Association and Sr. Digital Strategist at Bader Rutter & Associates, an award-winning integrated marketing services agency that specializes in advertising, public relations, brand asset management, relationship marketing and digital solutions. Tim is @timcascio on Twitter and can be reached in the United States at 262-938-5543.

Please reach out to me if there’s any way I can help you through my network or otherwise. Your comments below are welcome.

The 10 Legal Mistakes That Can Destroy A Mobile Marketing Campaign and How to Avoid Them

Countless case studies point to convincingly high success rates for well-executed mobile marketing campaigns. Results are measured by the size and quality of opt-in subscribers, offer redemptions and depth of customer engagement. This is all very exciting, however, lack of compliance with privacy laws and codes of conduct can invite trouble.

I’d like to introduce you to Tammi Franke, an accomplished attorney and Adjunct Professor at DePaul University’s Graduate Program in Public Relations and Advertising. I met her through the Illinois Technology Association where we chair separate monthly roundtable events. Tammi’s guest article below is a tremendous resource for marketers and technologists with mobile marketing responsibility.

The 10 Legal Mistakes That Can Destroy A Mobile Marketing Campaign and How to Avoid Them

by Tammi Franke

New technologies are available to marketers almost everyday. The toolkit of today’s savvy marketer would seem like magic to the “Mad Men” of the 1960’s.  Unfortunately, the law does not change at the same rapid pace as technology.  This creates some uncertainty and no one wants to end up as a test case in court over a mobile campaign.  Avoiding the following 10 legal landmines will help keep your mobile marketing campaign out of hot water and in the minds of consumers where it belongs.

1. Ignoring Generally Accepted Privacy Principles (GAPP).

Why this is a problem: In the U.S., Privacy laws are spread across several different pieces of federal and state legislation making compliance confusing and difficult. GAPP and its framework make compliance much easier.

How you can avoid this problem: Familiarize yourself with each of the GAPP principles.  Make sure your mobile marketing campaign complies with the GAPP framework.

2. Ignoring the MMA Code of Conduct

Why this is a problem: The MMA Code of Conduct is the leading example of industry self-regulation and mirrors many of the GAPP principles.  Ignoring the MMA Code of Conduct puts not only your campaign at risk but also puts the entire industry at risk of increased federal regulation.

How you can avoid this problem: Familiarize yourself with the MMA Code of Conduct Make sure your mobile marketing campaign complies with it.

3. Not getting approval of your mobile campaign from wireless carriers

Why this is a problem: Some messages to wireless devices are covered under CAN-SPAM and others, according to a recent California case, under the TCPA. For these reasons and customer service concerns, wireless carriers review and approve every broadcast mobile campaign over its network. If your campaign isn’t approved, the carriers may block it.

How you can avoid this problem: Using a leading aggregator or a short code from the Common Short Code Administration website, will simplify and expedite carrier approvals.

4. Short cutting your legal review/clearance process because “it’s only a text”.

Why this is a problem: FTC regulations apply to ads no matter how they are delivered.  In fact, mobile campaigns are under a microscope now because of heightened privacy concerns and because additional charges apply for many consumers when they receive mobile ads.

How you can avoid this problem: Treat your mobile campaigns just like any other ad or marketing campaign and use the same clearance process prior to launch.  Factor in the additional requirement for approval/clearance by wireless carriers.

5. Cutting out ad disclaimers because you don’t have room for them

Why this is a problem: Unfortunately, “I didn’t have enough room” is not a valid defense in a lawsuit.  If your ad requires an ad disclaimer, you’re obligated to provide it.  Just ask the pharmaceutical companies who received FDA warning letters for making claims in Google Adwords without the required disclaimers.

How you can avoid this problem: Revise the content in the mobile ad/text message so that it does not require a disclaimer or use mobile messaging as a tool for gathering opt-ins and information and not for pushing ad content.

6. Thinking you won’t get sued if you send an ad via text to a cell phone without permission.  You will.

Why this is a problem: Several litigation firms who specialize in representing consumers with claims under the TCPA are now focusing on class action law suits for the receipt of unauthorized text messages.  Many of these same firms previously brought class action “junk fax” suits under the TCPA.

How you can avoid this problem: Develop your own opt-in list with opt-in documentation for every mobile marketing message you send.  Don’t rely on third parties to do your homework.

7. Sneaking in a mobile opt-in on another registration.

Why this is a problem: The TCPA requires the express consent of a consumer before a mobile marketing message is sent.  The 9th Circuit Court of Appeals held in a recent case that an opt-in to receive messages from a company’s “affiliates and brands” did not constitute express written consent to receive a message from someone who purchased the opt-in list.

How you can avoid this problem: Develop your own opt-in list with opt-in documentation for every mobile marketing message you send.  Don’t rely on consents given to third parties.

8. Ignoring consumer complaints.

Why this is a problem:  73% of FCC complaints in the first quarter of 2009 regarding wireless services were related to unsolicited marketing calls or messages. FCC complaints are easy for consumers to file.  If you don’t resolve a consumer complaint quickly, often the next step is a complaint to the FCC.  This can lead to increased industry regulation or inquiries into your specific marketing practices.

How you can avoid this problem: Assign a specific person or group to address consumer complaints regarding your campaign quickly.

9. Violating GAPP using Bluetooth proximity marketing.

Why this is a problem:  Even if a consumer isn’t charged for receiving a message via Bluetooth, pushing unsolicited content onto a mobile device via Bluetooth can seem as invasive to a consumer as receiving an unwanted text message.

How you can avoid this problem: Familiarize yourself with each of the GAPP principles.  Make sure your Bluetooth proximity campaign complies with the GAPP framework.

10. Ignoring contest and promotion rules because it is easy to conduct a contest via a mobile device.

Why this is a problem: State and Federal laws and regulations regarding contests, sweepstakes and lotteries apply to no matter how the promotion is delivered.

How you can avoid this problem: Treat your mobile promotions just like any other promotion.  Use the same legal review and clearance process prior to launch.

This article was prepared for informational purposes and is not legal advice.  You should not act upon this information without seeking advice from a lawyer licensed in your own state or country.

Tammi Franke
Fitzgerald & Hewes LLP
550 West Van Buren Street, Suite 1450
Chicago, Illinois 60607
office: 312.447.2900 ext. 2903
email: tfranke (at) fitzhewlaw.com
blog: http://tammifranke.blogspot.com

Tammi Franke is an experienced business executive and lawyer. She advises software, leasing, consulting, and other emerging and established marketing, communication and technology companies. Her specialties include licensing, business organization, corporate finance, and commercial matters.

She has experience in entertainment law, software licensing, and consulting services, a wide range of debt and equity financings, including venture capital and other private placements, and commercial lending.

She is formerly the Executive Director of Lawyers for the Creative Arts in Chicago and is currently an Adjunct Professor at DePaul University in the Graduate Program in Public Relations and Advertising.


Tim CascioTim Cascio is the author of the Mobile Marketing, Monetization and Methods blog, Co-Founder/Co-Chair of the Mobile Visionary Roundtable at the Illinois Technology Association and Sr. Digital Strategist at Bader Rutter & Associates, an award-winning integrated marketing services agency that specializes in advertising, public relations, brand asset management, relationship marketing and digital solutions. Tim is @timcascio on Twitter and can be reached in the United States at 262-938-5543.

Please reach out to me if there’s any way I can help you through my network or otherwise. Your comments below are welcome.