A federal judge has, for now, dismissed the Federal Trade Commission’s lawsuit against the data broker Kochava, which accused it of selling location data that could be used to “track mobile device users to and from sensitive locations,” like healthcare clinics and domestic-violence shelters.

The FTC’s suit was a big deal, raising questions about marketplaces that collect and sell location data in light of the Supreme Court’s Dobbs decision. At the time, Kochava argued that the accusations were baseless but that it was planning on removing sensitive locations from its data marketplace nonetheless. The company previously told Marketing Brew that the removal went into effect in September.

Now, a federal judge has ruled that the commission’s complaint fell short of the legal bar set forth in the FTC Act, which requires the possibility of “substantial injury” to consumers. “The FTC has not adequately alleged a likelihood of substantial consumer injury,” the court found.

• Specifically, the ruling argued that location data, on its face, doesn’t necessarily reveal personal information. In other words, someone visiting a dentist doesn’t necessarily have cavities. Inferences, or guesses, would have to be made to reach that conclusion. The judge also argued that sensitive location data could be collected through other means, like by observing someone.
• “The FTC does not actually claim that Kochava is disclosing private information, but rather that it is selling data from which private information might be inferred,” the court’s decision read. “Although this distinction does not eliminate all the privacy concerns voiced by the FTC in this lawsuit, it does lessen the severity of the alleged privacy injury.”

However, the court is giving the FTC another swing, allowing the commission 30 days to file an amended complaint.

Read the full story here.—RB

Building out the perfect media plan is as complicated as picking what to watch. But it can be done. The trick to achieving reach and scale for your brand and mastering the what-I’m-watching small talk? Stick to the hits.

Paramount delivers some of today’s most popular content—for everyone, everywhere. That’s right: We’re talkin’ about the most-watched programming, including big sports events, top comedies, iconic reality shows, enthralling dramas, and kid-friendly favorites.

Paramount is also home to Yellowstone, the most-watched show on TV; CBS, America’s most-watched network for 14 years straight; and Paramount+, the country’s fastest-growing streaming service.

Go big with Paramount.

Mobile gaming had a good run last year, but its days of unbridled growth appear to be over.

Globally, more than 50 billion gaming apps were downloaded in 2022, per analytics firm Sensor Tower.

• Downloads were flat year over year from 2021, though they were up 13 billion from 2019, before gaming started surging because of the pandemic.
• In terms of revenue, gaming far surpassed the social media and entertainment categories last year, reaching $79 billion.
• Even so, 2022 marked the first time spending on mobile games fell year over year worldwide since the “surge” that set in after Covid hit.

According to the research, spending on games “remained weak” at the start of this year compared to 2022. But the report identified areas of growth, like the “potential waning of regulatory gaming restrictions in China,” as well as “the implementation of post-IDFA strategies,” aka changes made as a result of Apple’s privacy updates.

Outside mobile gaming, the report noted that digital ad spend consistently increased quarter over quarter in the past year, reaching $28 billion in Q4 across North America and six major European markets. TikTok is the fastest-growing advertising channel in the US, posting 60% quarter-over-quarter growth in Q4 last year. However, Facebook is still leading the pack in terms of ad investments, and it remains to be seen how TikTok will be impacted by potential national and state bans.—JS

Things got Reel at Meta’s NewFront.

The company has placed continued emphasis on its TikTok rival in recent weeks, reportedly offering discounts to advertisers who spend on Reels and rolling out personalization controls for Facebook Reels. So perhaps it’s no surprise that Reels dominated Meta’s NewFronts presentation on Thursday.

What’s new: Nicola Mendelsohn, VP of the company’s global business group, announced three new ad products for Reels:

• Meta is introducing AR ads for both Facebook and Instagram Reels, which will allow users “to see how a product might appear in real life,” Mendelsohn said. AR ads were previously only an option for in-feed posts and Instagram Stories.
• The company is also testing “multi-destination product ads for Reels,” she said, which let users swipe through product images and click out to different links without leaving the Reel. Brands were only able to drive users to one destination via Reels ads previously.
• Lastly, Mendelsohn said the “watch and browse” ad feature on Facebook, which enables people to pause a Reels ad and see a preview of the website or app they’d visit if they were to click the link, is coming to Instagram.

In a blog post, Meta added that it’s testing a larger call-to-action button on Facebook and Instagram Reels ads, and working with DoubleVerify, Integral Ad Science, and MOAT to eventually offer “viewability reporting” to advertisers. Keep reading here.—AM

+1: We also covered YouTube’s, Amazon’s, Snap’s, Roku’s, and Peacock’s NewFronts last week.

There are a lot of bad marketing tips out there. These aren’t those.

Get creative: Reddit pulled together some advertising tips specifically for small businesses.

Teaming up: How Swoon, a zero-sugar lemonade and iced tea brand, struck a partnership with Barbie.

Your majesty: See how brands marked King Charles’s coronation this weekend.

To go, please: Manage your business’s presence on the go with Apple Business Connect. Get access to Apple Maps, Messages, Wallet, Siri, and more, all from your phone’s trusty web browser. Oh, and it’s free.*

^{*This is sponsored advertising content.}

Catch up on a few Marketing Brew stories you might have missed.

• Speak now: Inside the wedding industry’s move toward inclusivity
• How this Brooklyn diner kept regulars happy amid a rebrand
• Why Patrón paired tequila with a Formula 1 race for Cinco de Mayo