Decide first whether you are buying performance, social, creative or app growth, because these agencies are good at different things. Tinuiti, Power Digital, Brainlabs and NoGood run paid search, social and marketplace advertising by the numbers; VaynerMedia and Socialfly build social and creator programs; Big Spaceship, The Charles Group and Ruckus lead with brand and creative work; and Moburst is the choice for mobile apps. Ask each finalist who will work on your account day to day, how results will be reported, and what the minimum budget and notice period are, and make sure your ad accounts, analytics and creative files stay in your company’s name so you keep them if you switch agencies.
What does the FTC’s fake-review rule mean for my marketing?
Since October 21, 2024, the Federal Trade Commission’s rule on consumer reviews and testimonials has banned fake reviews and testimonials, including AI-generated ones, buying positive or negative reviews, undisclosed reviews from employees and other insiders, company-controlled review sites that pose as independent, suppressing negative reviews, and buying fake followers or views. Each violation can carry a civil penalty of up to $53,088, so ask any agency running review or influencer programs how it keeps them within the rule.
Do New York ads have to disclose AI-generated performers?
Yes. A law signed on December 11, 2025, which took effect in June 2026, requires anyone who produces an advertisement for a commercial purpose to conspicuously disclose a synthetic performer when they know one is used, meaning a digital figure created by AI or software that looks like a human performer but is not recognizable as any real person. Ads for films, TV shows, video games and similar works are exempt when the use matches the work, and violations cost $1,000 for the first and $5,000 for each one after that.
What is New York’s algorithmic pricing disclosure?
Since November 10, 2025, New York’s Algorithmic Pricing Disclosure Act has required businesses that use algorithms to set prices from a customer’s personal data to show the statement “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA” near the price, with penalties of up to $1,000 per violation. The Attorney General is enforcing it and in January 2026 pressed Instacart for answers about its pricing, so brands using personalized or dynamic pricing should review their product and checkout pages with their agency.