From Predatory to Conscious: Navigating the Ethical Gray Zones of Marketing

When I began my marketing journey nearly two decades ago, it instilled in me a steadfast dedication to hitting our “goals.” These goals were without fail oriented towards monetary gains, emphasizing growth that was bigger, faster, and unrelenting. Whether it involved driving new email subscribers, boosting sales by X amount, doubling a social media following, or amassing thousands of app downloads, the mission was clear: achieve these benchmarks by any means necessary. After all, in the high-stakes game we were playing, the end always justified the means. Business outcomes, measured in sheer numerical achievements, trumped any other consideration.

I’ve come to realize that what I learned was flawed.

As I gained more perspective from years of experience, I began to see the flaws in this "by any means possible" approach. It became clear that while this strategy might achieve short-term goals, it was a quick and easy route to unsavory tactics. The real question emerged: at what cost and at whose expense are we willing to achieve our goals?

This realization forced a reckoning with the undeniable truth that a siloed focus on monetary gains could actually undermine the very foundation of a business’s success. This wasn’t just about our relationships with consumers or the well-being of our customers; it extended to the reputation of our business, the impact on our employees, and even more, the impact we have on the planet itself.

Cue my introduction to the world of Certified B Corporations.?

Discovering the B Corp movement was akin to finding a beacon in the fog of traditional business practices. It was an epiphany that realigned my understanding of success and the true purpose of a business. Here was a community of companies dedicated to using business as a force for good, emphasizing not only profitability but also the health of our communities and the planet. The triple bottom line philosophy was a stark contrast to the 'business as usual' approach that prioritized financial goals above all else.

It was at this crossroads that I decided to steer my professional journey towards more meaningful horizons. The principles of Certified B Corporations resonated deeply with my evolving perspective on ethical marketing and business practices, it wasn’t just about avoiding harm but actively contributing to a better world through every aspect of our business operations—from the way we interact with our customers to the well-being of our employees and the sustainability of our practices.

The founding of Avenue.

In 2016, I founded Avenue Agency , a B Corp digital marketing agency that intentionally partners with values-driven organizations to amplify their impact. Now, for the past almost eight years, Avenue has been steadfast in using marketing as a force for good. At Avenue, we champion the principle that business and marketing should not just aim for profitability but strive for a positive impact on society, the environment, and the well-being of our team. This ethos is deeply embedded in how we conduct ourselves as an agency. We reject the notion that goals should be achieved by “any means possible,” and instead pull back our line of sight to uncover the true impact and objective of our clients, our business, and our team, for a holistic and empowering approach that we like to call, conscious marketing .?

Conscious marketing is a technique that allows a brand to align its values and mission with every aspect of its business, including its external and internal relationships, processes, and people. Conscious marketing is not defined by a cause or a sector, and a for-profit company can still practice conscious marketing.

This journey from a goal-centric to a values-driven approach in both marketing and business operations has been enlightening. It has shown me that the true power of marketing lies not in the aggressive pursuit of financial goals but in the ability to inspire, engage, and contribute positively to the global community. It's about building relationships based on trust, integrity, and shared values.

But that doesn’t mean that becoming a conscious marketer is as quick and easy as the flip of a switch.?

This journey towards embracing this philosophy and integrating it into every facet of our business operations illuminated a broader truth: the "by any means possible" tactics ingrained in traditional marketing strategies can often manifest as unconscious biases, subtly influencing our decisions and actions. To truly commit to ethical and conscious marketing, it is necessary for us to actively engage in a process of relearning and unlearning. By dissecting what constitutes predatory marketing, we can uncover and challenge these biases, paving the way for practices that genuinely respect and uplift our audience.

Understanding predatory marketing practices to become a better conscious marketer.

Predatory marketing, by definition, leverages aggressive tactics that exploit vulnerable audiences, prioritizing short-term gains over ethical considerations and long-term relationships. Examples abound, from the glaring to the subtle, spanning misleading advertisements that exploit fears to the manipulative use of psychological triggers to drive compulsive behavior.

Some more specific examples of blatant predatory marketing behavior in the last ten years, think:?

Volkswagen's "Clean Diesel" Campaign (2015) : Volkswagen faced significant backlash and legal consequences for its "Clean Diesel" campaign, where they falsely advertised their diesel vehicles as low emission and environmentally friendly. The controversy, known as the "Dieselgate" scandal, revealed that VW had installed software to cheat emission tests.

Fyre Festival Promotion (2017): The Fyre Festival used influencer marketing to promote what was billed as a luxury music festival experience in the Bahamas. The campaign was highly successful on social media, but the event disastrously failed to deliver on its promises, leading to legal action and public outcry over the misleading marketing tactics.

Juul's Marketing to Youth (Mid-2010s): Juul, an e-cigarette company, faced criticism and legal scrutiny for its marketing practices that appeared to target minors, including the use of social media influencers and flavors that appealed to younger audiences. The company's advertising raised concerns about contributing to the rise in vaping among teenagers.

Facebook and Cambridge Analytica (2018) : While not a marketing campaign per se, the scandal surrounding Facebook and Cambridge Analytica highlighted concerns about the use of personal data for targeted political advertising without explicit user consent. It raised widespread concerns about privacy and the ethical use of data in marketing.

However, the landscape of predatory marketing is not always starkly black and white. It's in the gray zones that the challenge—and our responsibility—intensifies. This is where practices may not necessarily break laws but tread dangerously close to ethical boundaries, using strategies that, while technically legal, prey on the vulnerabilities of unsuspecting individuals.

A poignant exploration of this gray zone can be found in one of our latest episodes on Avenue's podcast, "The Conscious Marketer," Analyzing Twin Flames Universe’s Marketing Strategy . We delved into the marketing practices of an organization, and alleged cult, popularized by the Netflix documentary 'Escaping Twin Flames' and the Amazon documentary 'Desperately Seeking Soulmate: Escaping Twin Flames Universe.' Through these lenses, we examined how tactics, although not illegal, can be profoundly unethical, targeting vulnerable audiences with predatory intent.

This discussion underscored the vital need for conscious marketers to discern and navigate these gray areas with utmost care. The distinction between what is regulated—such as special ad categories designed to protect sensitive groups—and what remains unregulated is crucial. Yet, it is in the unregulated spaces that our moral compass must guide us, steering clear of exploiting loopholes for gain at the expense of others' wellbeing.

To navigate these complexities, we must cultivate a culture of continuous learning and ethical reflection. It involves questioning our assumptions, examining the potential impact of our actions on the most vulnerable, and always choosing the path that contributes positively to the fabric of society. This is the essence of conscious marketing: a relentless pursuit of practices that not only drive success for our businesses but also foster a healthier, more ethical, and more compassionate world.

Ethical gray zones in marketing

Navigating the ethical landscape of marketing requires vigilance and reflection. Our team is constantly dissecting, debating, and discussing tactics and efforts that toe the line so that we can make more definitive judgments in our strategies.?

These tactics include things like,?

• Utilizing Facebook after its role in the 2016 election and how we can balance the platform’s reach and effectiveness against its potential negative societal impacts.?
• Driving a sense of urgency during a sale period and balancing the messaging so as to not pressure consumers into making decisions they might not otherwise.?
• Hyper-targeted ads, while we utilize this advertising function for our values-driven clients, we are constantly having discussions around the ethical line of data-sharing and targeting.

I invite you to share your experiences with marketing practices that occupy your “ethical gray zones.” Whether it's a tactic you've encountered in the industry or a strategy you're unsure about, we as marketers have the collective power to reshape the industry.?

Predatory marketing tactics to be mindful of as a marketer to avoid

As conscious marketers, our goal is to foster genuine connections, providing value and uplifting our audiences. Here are some predatory marketing tactics to be mindful of, to better ensure your strategies have integrity:

• Misleading Information: Accuracy in marketing is non-negotiable. All claims about your product or service should be honest and verifiable, as trust is the foundation of a strong customer relationship.
• Aggressive Retargeting: Though retargeting is a valuable tool, overuse can alienate consumers. A balanced approach respects the consumer's space and choices, avoiding the perception of invasiveness.
• Buying Followers, Engagement, or Positive Reviews: This deceptive practice creates a false image of popularity or social proof, misleading potential customers and devaluing genuine engagement.
• Insensitive Use of Trends or Sounds: Before leveraging popular trends or sounds, especially on platforms like TikTok, research their origins to avoid inadvertently promoting content that may be offensive or inappropriate.
• Clickbait Titles: Using sensational or misleading headlines to garner clicks can erode trust when the content doesn't deliver on its promise. Strive for titles that accurately reflect the value of the content.
• Failing to Provide Value: Every piece of marketing should offer something valuable to the audience, whether it's information, entertainment, or a solution to a problem. Marketing solely to sell without adding value can lead to audience disengagement.
• Marketing in Crises Without Intention: In times of crisis, brands should communicate with empathy and purpose. Exploiting these situations for marketing gains without a genuine, supportive message can appear opportunistic and insensitive.
• Overuse of Urgency: Creating a false sense of urgency, especially if used too frequently, can lead to decision fatigue among consumers and diminish the effectiveness of genuinely time-sensitive offers.
• Neglecting Customer Feedback: Ignoring or dismissing customer feedback, especially when it pertains to the ethical considerations of your marketing practices, misses an opportunity for growth and can alienate your audience.
• Unethical Backlinking Practices: Building backlinks is a fundamental SEO strategy, but resorting to manipulative practices like buying links, participating in link farms, or using irrelevant links can harm your site’s credibility and search engine ranking. Ethical backlinking involves creating valuable content that naturally encourages sharing and linking, ensuring a genuine improvement in your website's authority and relevance.?
• Virtue Signaling Without Substantive Action: In an era where consumers value corporate responsibility and social consciousness, it's crucial for brands to move beyond mere virtue signaling. This involves making public declarations or launching campaigns that project a commitment to justice, equity, diversity, and inclusion (JEDI) initiatives, without backing up those statements with actionable, meaningful efforts. Authentic engagement means embedding these values into the core operational and business practices, actively contributing to societal change, and being transparent about your brand's journey towards these goals. Ethical marketing demands that brands' actions align with their words, demonstrating a genuine commitment to contributing positively to society and not just using social issues as a marketing tool.

How to spot predatory marketing so you don't fall victim

I've come to find that one thing good marketers typically have in common is that they're also great at being marketed to. I'll be the first to admit, I sometimes love a good-targeted Instagram ad. We’ve all been there: scrolling through Instagram when an ad pops up that seems to perfectly address our current need or desire. Yet, while it’s completely okay to discover and even purchase through these ads, it’s important to maintain a healthy skepticism so that we too don't fall victim to predatory marketing tactics.? Here are key things to watch out for, ensuring that what seems too good to be true isn’t leading you into predatory marketing territory.

• Overpromise and Underdeliver: Be wary of campaigns that make grandiose promises about a product or service that seems too good to be true. Genuine marketing should set realistic expectations.
• Fear-Based Messaging: Predatory marketing often leverages fear or anxiety as a primary motivator. Watch out for campaigns that manipulate emotions to create a perceived need or urgency.
• Lack of Transparency: If it's challenging to find detailed information about the product, service, or the company's practices, this opacity is a red flag signaling potential predatory intentions.

The road to conscious marketing

The road to conscious marketing is paved with challenges and learning opportunities. It demands that we continually question, adapt, and evolve our strategies to ensure they align with our core values and the well-being of our audience. At Avenue, our commitment to using marketing as a force for good is unwavering. We believe in the power of collective action to redefine the boundaries of ethical marketing.

As we forge ahead, let's keep the conversation going. Share your thoughts, experiences, and the ethical dilemmas you face in your marketing journey. Together, we can build a framework that not only drives success for our businesses but also fosters a healthier, more ethical world.

Remember, conscious marketing isn't a destination—it's a continuous path of growth and improvement. Let's walk this path together, learning from each other and striving to make every marketing decision a testament to our commitment to doing better—for our customers, our communities, and our planet.