Vibe: Alleged violation of RCW 42.17A.345 for failure to timely provide complete commercial advertiser books of account upon request. (EY24 NOV24)

Case

#164741

Respondent

Vibe

Complainant

Conner Edwards

Description

 The Public Disclosure Commission (PDC) completed its review of the complaint filed by Conner Edwards on November 9, 2024. The complaint alleged a violation of RCW 42.17A.345 for failure to timely provide complete commercial advertising books of account upon request.
Applicable Laws and Rules
RCW 42.17A.345 requires each commercial advertiser who has accepted or provided political advertising or electioneering communications during an election to maintain current books of account and related materials, as provided by rule, and make them available and open for inspection during normal business hours during the election and for a period of no less than five years after the date of the applicable election. These documents and books-of-account shall include the following:
1. the names and addresses from people or campaigns the commercial advertiser accepted political advertising or electioneering communications.
2. the exact nature and extent of the services rendered; and
3. the total cost and the manner of payment for the services.
WAC 390-18-050 states that commercial advertiser books of account information must be made available for public inspection by any person in one of the following manners:
1. in person during normal business hours;
2. electronically, in machine readable format and structured in a way that enables the data to be fully discoverable and usable by an end user;
3. by digital transmission, such as email, promptly upon request, but no later than two business days; or
4. by online publication on the advertiser’s primary website or on a website created for this purpose that is controlled by the advertiser, if a link is prominently displayed on the advertiser’s primary website directing users to the latter.
Commercial advertising books of account must be updated within 24 hours of the distribution or broadcast of an advertisement or communication and any updates or changes to this information.
Background and Findings
• Vibe is a streaming television advertising platform with features that include digital tools for audience targeting, retargeting, real-time optimization, pixel tracking, and frequency capping, and premium inventory featuring over five hundred channels and dozens of live sports leagues.
• PDC staff reviewed the information provided on the Vibe website and requested further follow-up from Vibe staff to understand the available offerings to political campaigns using Vibe services.
• PDC staff reviewed political disclosure data reported by campaigns and found that the campaigns for Kelly M Chambers and Lynn Trinh used the services of Vibe for commercial advertising in 2024.
• On November 5, 2024, Conner Edwards sent an email to support@vibe.co requesting to view the commercial advertising books of account. In his subsequent complaint to the PDC on November 9, 2024, Mr. Edwards identified multiple companies with the word Vibe in their name which he found in the PDC’s public disclosure data. Multiple Washington state political campaigns had reported expenditures to these various companies. PDC staff followed up with Vibe to determine their commercial advertising status and the campaigns for which they should provide the requested materials. On March 31, 2025, the commercial advertising books of account for the Chambers and Trinh campaigns were provided to Mr. Edwards.
• Vibe does not have previous warnings or violations of PDC requirements.
Summary and Resolution
Based on our findings, staff has determined that, in this instance, any violation that may have occurred was minor and has been cured. After consideration of the circumstances, further proceedings would not serve the purposes of this chapter. Under WAC 390-37- 060, the executive director, at any time prior to consideration by the commission, may dismiss a complaint which on its face, or as shown by investigation, provides reason to believe that a violation has occurred, but also shows that the respondent is in substantial compliance with the relevant statutes or rules, or shows that formal enforcement action is not warranted.
PDC staff is reminding Vibe about the importance of responding to requests for commercial advertising books of account timely.
Based on this information, the PDC has dismissed this matter in accordance with RCW 42.17A.755(1).

Disposition

Case Closed with Reminder

Date Opened

January 07, 2025

Areas of Law

RCW 42.17A.345

Documents

• 164741 Vibe Response.pdf
• 164741 Vibe Complaint.pdf
• 164741 Vibe Dismissal Letter.pdf