“Is this even legal?” A leaked pitch reveals marketing agency uses ‘Active Listening’ software to eavesdrop on calls and push curated Facebook and Google ads

A marketing agency might be using your phone’s voice data to drive targeted ads.

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What you need to know

While Microsoft decides whether it will make its controversial and privacy-riddled Windows Recall feature in Windows 11 anopt-in experience and allow users to uninstall it, more trouble seems to be brewing in the AI world.

Have you ever stumbled on an ad on social media or while browsing that features the item you were searching for on the web or talking to someone about over a phone call? Turns out, there’s more to this than meets the eye.

According toa new report by 404 Media, a marketing agency admitted it listens to user voice data using its “Active Listening” software via smartphone microphones. Consequently, it uses the data to channel the “right” Facebook and Google ads to customers. The agency reportedly has access to more than 470 sources, including Microsoft’s LinkedIn.

The market agency has been wrapped up in this controversial situation since December 2023. And now, new details in a pitch deck reveal that Cox Media Group (CMG) leverages AI capabilities to “capture real-time intent data by listening to our conversations” using its “Active Listening” feature.

The pitch deck further revealed a list featuring Facebook, Google, and Amazon as clients of its “Active Listening” service. According to 404 Media, Google has since removed the media group from itsPartners Program(perhaps an indication that it has severed ties with the agency).

This caused a ripple effect, prompting Meta to investigate and examine the agency’s terms of service to determine whether it has been using users' data without their consent, breaching their partnership agreement. According to the pitch deck:

“Advertisers can pair this voice-data with behavioral data to target in-market consumers.”

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Amazon refuted claims that it’s embroidered in the marketing agency’s privacy fiasco and further stated that it doesn’t intend to seek its services. The company warned it would take legal action if it discovered that one of its partners violated its terms of service.

In asince-deleted blogby the marketing agency:

“We know what you’re thinking. Is this even legal? It is legal for phones and devices to listen to you. When a new app download or update prompts consumers with a multi-page term of use agreement somewhere in the fine print, Active Listening is often included.”

Interestingly, the marketing agency claims that the presence and use of the listening software areoften includedsomewhere in the fine print of the terms of use agreement when downloading a new app or update.

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Kevin Okemwa is a seasoned tech journalist based in Nairobi, Kenya with lots of experience covering the latest trends and developments in the industry at Windows Central. With a passion for innovation and a keen eye for detail, he has written for leading publications such as OnMSFT, MakeUseOf, and Windows Report, providing insightful analysis and breaking news on everything revolving around the Microsoft ecosystem. You’ll also catch him occasionally contributing at iMore about Apple and AI. While AFK and not busy following the ever-emerging trends in tech, you can find him exploring the world or listening to music.