Bad Idea Central: Toyota Sued After Viral Marketing Attempt Convinced Woman She Was Being Stalked

from the who-comes-up-with-these-things? dept

Thu, Oct 22nd 2009 11:38am — Mike Masnick

Lots of companies are aiming to create all kinds of "viral advertising," and certainly automated "prank calls" that are really ads (often for movies) have become common in the last few years. But that doesn't do much to excuse Toyota's behavior. Apparently, the company put together a promotional campaign that allowed friends to freak out their friends, by convincing them they were being stalked. Here's how Toyota described it:

YourOtherYou is a unique interactive experience enabling consumers to play extravagant pranks. Simply input a little info about a friend (phone, address, etc.) and we'll then use it, without their knowledge, to freak them out through a series of dynamically personalized phone calls, texts, emails and videos. First, one of five virtual lunatics will contact your friend. They will seem to know them intimately, and tell them that they are driving cross-country to visit. It all goes downhill from there. The Matrix integrates seamlessly into the experience and you can follow the progress of your prank in real-time online. Each piece of the campaign assures that the experience is as Google-proof as possible.

Sound like fun? Not really. Especially not for Amber Duick, who "had difficulty eating, sleeping and going to work" after receiving a bunch of phone calls from this prank, believing that some "lunatic" stranger was on his way from England to see her. At one point, she even received a bill from a hotel that this stranger supposedly "trashed." Har har. Buy a Toyota.

How does Toyota defend the campaign? By claiming that Duick agreed to it. How, you ask? Well, Toyota sneakily inserts "permission" into a personality test it sends the "victim" of the prank, from the "friend" who initiated it. It's difficult to see how that kind of agreement stands up in court. Hiding an agreement for something entirely different (and pretty damn creepy) inside the agreement for a personality test from a friend? How is that informed consent?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: stalking, viral advertising
Companies: toyota

43 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

thublihnk (profile), 22 Oct 2009 @ 11:46am

BIGGER QUESTION HERE:

What in the name of ANYTHING does this have to do with convincing the customer to BUY A TOYOTA?
[ link to this | view in chronology ]
- Anonymous Coward, 22 Oct 2009 @ 12:07pm
  
  Re:
  Seriously.
  
  I hope this chick gets lots of money out of this. Bloody morons at Toyota, who could think this was a good idea?
  [ link to this | view in chronology ]
  - ChimpBush McHitlerBurton, 22 Oct 2009 @ 6:43pm
    
    Re: Re:
    "who could think this was a good idea?"
    Well, if you've ever watched a Japanese Game-Show, or their version of "Candid Camera", you'd know exactly who could think this was a good idea: The Japanese.
    My God, they are downright cruel.
    ...but hilarious.
    www.youtube.com/watch?v=X5rzYr8GnE8
    CBMHB
    [ link to this | view in chronology ]
- Danny (profile), 22 Oct 2009 @ 8:05pm
  
  Re:
  Yeah! That was exactly my reaction.
  
  What in the name of ANYTHING does this have to do with convincing the customer to BUY A TOYOTA?
  
  Does anyone have a clue as to how they think this will help them sell cars?
  [ link to this | view in chronology ]
  - Hephaestus (profile), 23 Oct 2009 @ 7:06am
    
    Re: Re:
    "Does anyone have a clue as to how they think this will help them sell cars?"
    
    No I dont know how this would sell cars .... but if a I see a woman screaming by the side of the road everytime a toyota drives by, I will ask if her name is Amber Duick ....
    [ link to this | view in chronology ]
Ima Fish (profile), 22 Oct 2009 @ 11:47am

To me it doesn't matter whether the agreement was even hidden. I highly doubt it said that,

"I Amber Duick agree that Toyota and all its agents and assigns have the full and legal right to pretend to stalk me."

What the agreement probably said was that Duick was willing to accept marketing from Toyota. But that certainly didn't happen here. As you point out, how can this BS sell more Toyotas?
[ link to this | view in chronology ]
thomas, 22 Oct 2009 @ 11:54am

Twits
Advertising agencies see nothing wrong with threatening people to get them to buy something. If I was receiving an e-mail from an apparent criminal on the lam I would first call the police and the FBI. This is not a joke this is criminal act.
[ link to this | view in chronology ]
- LumpyDog (profile), 22 Oct 2009 @ 12:18pm
  
  Re: Twits
  Yes, and I've heard guys named thomas see nothing wrong with making overly-broad statements about industries with which they're clearly not familiar.
  [ link to this | view in chronology ]
  - Anonymous Coward, 22 Oct 2009 @ 12:51pm
    
    Re: Re: Twits
    So you'd sit back and relax while you started getting strange stalker emails/phonecalls/texts?
    [ link to this | view in chronology ]
    - LumpyDog (profile), 22 Oct 2009 @ 1:23pm
      
      Re: Re: Re: Twits
      Not at all, nor would I make all encompassing statements about an industry employing several million people based on the stupid behavior of one agency/client.
      [ link to this | view in chronology ]
Robert Ring (profile), 22 Oct 2009 @ 11:55am

High-larious
Wow. This is so hilariously wrong that I literally laughed out loud when I read Toyota's description of the program. It sounds like something from SNL (when SNL used to be good).

Now excuse me while I go use this prank on someone.
[ link to this | view in chronology ]
- Pwdrskir (profile), 22 Oct 2009 @ 12:19pm
  
  Re: High-larious
  The people at The Onion are green with envy.
  [ link to this | view in chronology ]
AG (profile), 22 Oct 2009 @ 11:56am

Being sneaky was necessary
If they had asked for permission to play a prank explicitly, it wouldn't be a prank anymore. So basically, for the whole pathetic idea to work, they had to somehow get her consent without her knowing about it. Uninformed consent was by design.
[ link to this | view in chronology ]
Marcus Carab (profile), 22 Oct 2009 @ 12:00pm

That is just... bizarre. How did Toyota possibly let this get out the door when even the brief description makes it sound like a terrifying, terrible idea? I wonder if they thought that everyone in the world is a 4chan user, or if they just got so excited about "going viral" that they forgot about common sense.
[ link to this | view in chronology ]
- Anonymous Coward, 22 Oct 2009 @ 1:22pm
  
  Re:
  Ahh, but you are looking at this through the tunnel vision of Western eyes. This is probably fucking HILARIOUS in Japan. The country where there are whole TV shows devoted to force feeding disgusting food to people until they puke out their noses.
  [ link to this | view in chronology ]
  - Josh (profile), 22 Oct 2009 @ 2:04pm
    
    Re: Re:
    Good point. Was this prank/horrible marketing idea going on in Japan as well?
    [ link to this | view in chronology ]
thomas, 22 Oct 2009 @ 12:02pm

Toyota marketing
Toyota puts out TV advertising promoting all kinds of great deals on new Toyotas. I go to a Toyota dealer looking at a new Camry, and the first one I see has an extra $2500 tacked onto the sticker price for mandatory dealer options. Then Toyota wonders why I didn't buy a Toyota. humph.
[ link to this | view in chronology ]
senshikaze (profile), 22 Oct 2009 @ 12:03pm

At what point did agencies start hiring douche bags to start Ad campaigns? I mean, I thought EA's the Inferno campaign was bad, but this is truly horrific. I hope Toyota is taken to the cleaners for being stupid.
[ link to this | view in chronology ]
Anonymous Coward, 22 Oct 2009 @ 12:09pm

"...Had difficulty eating, sleeping and going to work" after receiving a bunch of phone calls from this prank."

You got to be kidding. I blame Hollywood. Think of the children, as well as the easily scared when you write your screenplays!
[ link to this | view in chronology ]
- Anonymous Coward, 22 Oct 2009 @ 12:21pm
  
  Re:
  Yeah. Didn't she know that she could have talked to her doctor about Zoloft®?
  
  Disclaimer:
  Zoloft is not for everyone. People taking MAOIs or pimozide shouldn't take Zoloft. Concomitant use of Zoloft with NSAIDs or aspirin may be associated with an increased risk of bleeding. Side effects may include dry mouth, insomnia, sexual side effects, diarrhea, nausea and sleepiness.
  
  You should tell your doctor if you are pregnant or plan to become pregnant, as there is a potential risk to the fetus with Zoloft. Like many antidepressants, Zoloft can be present in breast milk so tell your doctor if you are nursing.
  
  Zoloft is approved to treat depression, social anxiety disorder, post traumatic stress disorder (PTSD), panic disorder, obsessive-compulsive disorder (OCD), and premenstrual dysphoric disorder (PMDD) in adults over age 18. It is also approved for OCD in children and adolescents age 6-17 years.
  
  Zoloft is not habit-forming and is not associated with weight gain. So talk to your doctor about how Zoloft might help you. Zoloft comes in 25-mg, 50-mg, and 100-mg tablets. You and your doctor can discuss a dose for you.
  
  The health information contained herein is provided for educational purposes only and is not intended to replace discussions with a healthcare provider. See http://www.zoloft.com for more details. All decisions regarding patient care must be made with a healthcare provider, considering the unique characteristics of the patient.
  
  This product information is intended only for residents of the United States. The products discussed herein may have different product labeling in different countries.
  [ link to this | view in chronology ]
Pitabred (profile), 22 Oct 2009 @ 1:17pm

It was an asshole move by Toyota
But I'm not behind the whole lawsuit thing. Her claims don't hold water... if she really thought she was being stalked, why didn't she call the police? File a report? Willingly letting that stuff keep happening... it may be just my default "I distrust humanity" viewpoint, but this sounds like she's just trying to get a deep pockets retirement. Kinda like the jerks that pull in front of you and slam on the brakes to get an insurance settlement.
[ link to this | view in chronology ]
helter, 22 Oct 2009 @ 2:06pm

hilarious
This is hilarious, though I really don't see what it has to do with buying a Toyota.
[ link to this | view in chronology ]
Anonymous Coward, 22 Oct 2009 @ 2:09pm

Doesn't this fit in with the ads that shout at us (being yelled at makes me want to run away, so I mute them), show us something that is disgusting (I turn off Light&Fit ads and forget to come back to that network), have phones ringing subliminally (my This Needs Attention alarm goes off in my head), show us the horrible things that will happen so their product can clean up, and the like?
I think they teach getting the client to say yes to some irrelevant and nonthreatening topic (because saying yes once makes it easier for them to say yes to the purchase) in the same course where they teach that you should instill fear then offer your product to ease the fear. I wonder how buying a Toyota is protection from stalkers.

Alas, just like the 80/20 rule that forgets that the long tail is often what gets the customer in the store in the first place, a lot of marketing is based on unsupported myths.
The preponderance of marketing today seems very much like it came from Darren Stevens trying to cover up something that went horribly wrong for Samantha rather than trying to win customers and keep them.
[ link to this | view in chronology ]
Anonymous Coward, 22 Oct 2009 @ 2:42pm

I love Toyotas, and I'll continue to buy them, but this stinks a bit more of a stupid advertising firm than a company that makes cars. Yes, Toyota is to be reprimanded for hiring the fools that did this and approving of it, but as a company I just don't think this is something they'd dream up on their own.

Great prank, though, and I'm sure a lot of less paranoid people got laughs out of it before the bad press.
[ link to this | view in chronology ]
Mike Moon, 22 Oct 2009 @ 2:56pm

how 'bout this?
This is for the victim, the author of this piece and nearly all of the other commenters:

How about trying not to by a pussy about it?
[ link to this | view in chronology ]
- vivaelamor (profile), 22 Oct 2009 @ 4:06pm
  
  Re: how 'bout this?
  How about you make a point out of those words.
  [ link to this | view in chronology ]
- Mike Moon is a Pussy, 23 Oct 2009 @ 1:57am
  
  Mike Moon is a Pussy
  STFU pussy.
  [ link to this | view in chronology ]
  - Mike Moon, 29 Oct 2009 @ 12:19pm
    
    Re: Mike Moon is a Pussy
    oh no. my feelings are hurt. i must be a pussy.
    [ link to this | view in chronology ]
anonymous, 22 Oct 2009 @ 3:03pm

"Hiding an agreement for something entirely different (and pretty damn creepy) inside the agreement for a personality test from a friend? How is that informed consent?"

It's worked for scientology!
[ link to this | view in chronology ]
keith (profile), 22 Oct 2009 @ 3:48pm

where can i sign up?
Does no one else think this is quite possibly the greatest ad campaign ever? I have at least 5 friends whom this would be absolutely hilarious to 'sign up' .... off to Google "Toyota stalk campaign"

Having said that, if there is any liability, shouldn't there be some on the friend who signed her up in the first place, and not just Toyota? After all, it was her friend who gave them the link/info.
[ link to this | view in chronology ]
lux (profile), 22 Oct 2009 @ 4:50pm

RE: It was an asshole move by Toyota
"it may be just my default "I distrust humanity" viewpoint, but this sounds like she's just trying to get a deep pockets retirement. Kinda like the jerks that pull in front of you and slam on the brakes to get an insurance settlement.

What's your wife's phone number, email and home address? C'mon, it'll be hilarious, won't it? Wrong. Get a grip dude, this goes way beyond the line of 'practical joke', just like all those shows where they 'simulate' people breaking into your house in murdering you (I think the show's called 'scare tactics'). They are just exploiting human fear for entertainment, and its extremely shameful.
[ link to this | view in chronology ]
Rich Kulawiec, 23 Oct 2009 @ 4:59am

Where's the criminal prosecution?
The people at Toyota responsible for this should be spending the next ten years in a federal prison, finding out what it's like to be "stalked".
[ link to this | view in chronology ]
Sean, 23 Oct 2009 @ 6:41am

They stole the idea...
from The Game with Michael Douglas. Great movie. This prank is almost identical in setup.

http://www.imdb.com/title/tt0119174/
[ link to this | view in chronology ]
Nick Tepper, 23 Oct 2009 @ 10:42am

The idea was not to sell cars to the victim. It was to sell car's the friend who set them up by creating the victim/entertainment for them to "watch" virtually for five days as they were terrorized. The victim, in this case, my client Amber Duick, was just a loss leader who they cared nothing about other than to ensure she did not know what was really happening (ie advertising), was terrified, and then was humiliated. That's the essence of her suit.
[ link to this | view in chronology ]
Nick Tepper, 23 Oct 2009 @ 1:18pm

The idea was not to sell cars to the victim. It was to sell car's the friend who set them up by creating the victim/entertainment for them to "watch" virtually for five days as they were terrorized. The victim, in this case, my client Amber Duick, was just a loss leader who they cared nothing about other than to ensure she did not know what was really happening (ie advertising), was terrified, and then was humiliated. That's the essence of her suit.
[ link to this | view in chronology ]
sex izle, 23 Oct 2009 @ 2:53pm

seks
porno izle
sikiş izle
Hiphop
CinseL
18+ Hikayeler
seks izle
sexpormok
turk pornosu
Hosting
[ link to this | view in chronology ]
Yeebok (profile), 27 Oct 2009 @ 4:01am

#35 is spammy :)
I think the idea's appalling. Sure it would likely be OK in Japan but someone shoulda realised someone in the US was bound to sue .. Not much else happens over there does it ? :)

Not sure about 34 tho either :)
[ link to this | view in chronology ]
Craig Badings, 27 Oct 2009 @ 3:26pm

Classix PR faux pas
In today's world of privacy and permission marketing I am surprised at the naivety of this campaign. It is a classic case of a supposedly clever creative idea with little thought given to the broader PR implication for the brand.
[ link to this | view in chronology ]
tony, 5 Aug 2010 @ 8:05am

thank you. darmowe programy / pliki/ download / programy
dobre programy
[ link to this | view in chronology ]
linapayne (profile), 12 Sep 2010 @ 8:31pm

??
I was talking to the guy changing my oil at a NJ Toyota dealership and neither one of us know what this has to do with convincing people to buy a toyota?
[ link to this | view in chronology ]
porno, 11 Dec 2010 @ 4:37am

selam
porno
porno izle
sikiş izle
sikiş
[ link to this | view in chronology ]
Rap, 7 Jan 2011 @ 8:52pm

Thank you for sharing.. Good works! Hiphop, Rap, T�rk�e Rap, Beat indir, Rap Beat indir,
[ link to this | view in chronology ]
Anonim, 30 Oct 2014 @ 7:09am

Coment
Nice sharing, i like this article...

2015 Toyota Release Date
[ link to this | view in chronology ]