“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

"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

What you need to know

  • A market agency admits it listens to user voice data using its “Active Listening” software via smartphone microphones.
  • It’s reportedly in partnership with Google, Facebook, and Amazon, and uses its software to channel the right ads to users.
  • As part of the agency’s defense strategy, it claims that the disclaimer of its software is often included in the fine print of the terms of services agreement when downloading a new app or update. 

As a tech-savvy individual who has spent countless hours navigating the digital landscape and delving into the intricacies of privacy policies, I find this latest revelation about Cox Media Group’s “Active Listening” software truly eye-opening. It seems that our phones, once thought to be our personal companions, have become a pair of invisible eavesdropping ears, listening in on our conversations and using the data to bombard us with ads.


As Microsoft ponders over making the disputed and privacy-questionable Windows Recall tool in Windows 11 an optional feature that users can remove, there appears to be a new wave of complications arising in the realm of artificial intelligence.

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. 

Based on a recent report by 404 Media, a marketing firm openly disclosed that they employ their “Active Listening” tool to gather user voice data through smartphone microphones. This information is then utilized to display targeted Facebook and Google advertisements to consumers. It is said that the agency has access to over 470 different sources, including LinkedIn owned by Microsoft.

1. Since December 2023, the market agency has found itself embroiled in a contentious predicament. Recent findings from a pitch deck suggest that Cox Media Group (CMG) employs AI technology to gather real-time intent data by tuning into our discussions through its “Active Listening” feature.

404 Media’s presentation slide unveiled a roster including Facebook, Google, and Amazon as customers of their “Active Listening” service. Notably, Google is said to have dropped 404 Media from its Partner Program, a move that could suggest a break in business relations between the tech giant and the agency.

This action triggered a chain reaction, leading Meta to scrutinize and analyze the platform’s terms of service to ascertain if they have been accessing user data unwillingly, potentially violating their agreement and infringing on users’ privacy. As per the presentation material:

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

As a tech enthusiast, I’d like to clarify that Amazon has denied any involvement in the privacy mishap at the marketing agency and made it clear they have no intention of working with them in the future. The company has also issued a warning that it will take legal action if it finds any of its partners have breached their terms of service.

In a since-deleted blog by 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.”

It’s worth noting that according to the marketing agency, you might find that the use of the listening software is typically concealed within the finer details of the terms and conditions when you download a new app or an update.

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2024-09-02 19:39