202-3092 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Noah Joshua Phillips 

Rebecca Kelly Slaughter 

Christine S. Wilson 

Alvaro M. Bedoya 

In the Matter of 

DOCKET NO. 

GOOGLE LLC, 

a limited liability company, and 

IHEARTMEDIA, INC., 

a corporation. 

COMPLAINT 

The Federal Trade Commission, having reason to believe that Google LLC, a limited 

liability company, and iHeartMedia, Inc., a corporation, (collectively, “Respondents”) have 

violated the provisions of the Federal Trade Commission Act, and it appearing to the 

Commission that this proceeding is in the public interest, alleges: 

1. Respondent Google LLC (“Google”) is a Delaware limited liability company with its 

principal office or place of business at 1600 Amphitheatre Parkway, Mountain View, California 

94043. 

2. Respondent iHeartMedia, Inc. (“iHeartMedia”) is a Delaware corporation with its 

principal office or place of business at 20880 Stone Oak Parkway, San Antonio, Texas 78258. 

3. Google has manufactured, advertised, labeled, offered for sale, sold, and distributed 

Google Pixel 4 smartphones (the “Pixel 4”) to consumers. 

4. iHeartMedia has recorded advertisements for the Pixel 4 and broadcast those 

advertisements to consumers. 

5. The acts and practices of Respondents alleged in this complaint have been in or affecting 

commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deceptive First-Person Endorsements of Google Pixel 4 Phone 

6. Through its media buying agent, Google hired radio stations in October 2019 to have 

their on-air radio personalities (“Radio Personalities”) record advertisements endorsing the Pixel 

4 and to disseminate those ads. 

7. iHeartMedia owns more than 850 full-power AM and FM radio stations in the United 

States, making it the country’s largest owner of radio stations. The company also streams its 

content over Internet radio. Its radio network is known as iHeartRadio. 

8. iHeartMedia employs numerous Radio Personalities. iHeartMedia gives select Radio 

Personalities the option to receive additional compensation for recording advertisements for 

specific clients that are played on-air. 

9. Google paid iHeartMedia more than $2.6 million to record and broadcast advertisements 

featuring Radio Personalities endorsing the Pixel 4. 

10. Google spent almost $2 million in connection with eleven smaller radio networks 

recording and broadcasting advertisements by their Radio Personalities endorsing the Pixel 4. 

11. In October 2019, Google provided iHeartMedia and the other radio networks with scripts 

for Radio Personalities to use in recording advertisements endorsing the Pixel 4. 

12. The typical English-language script began: 

The only thing I love more than taking the perfect photo? Taking the perfect photo at 

night. 

With Google Pixel 4 both are a cinch. 

It’s my favorite phone camera out there, especially in low light, thanks to Night Sight 

Mode. 

I’ve been taking studio-like photos of everything . . . my son’s football game . . . a meteor 

shower . . . a rare spotted owl that landed in my backyard. Pics or it didn’t happen, am I 

right? 

Pixel 4 is more than just great pics. It’s also great at helping me get stuff done, thanks to 

the new voice activated Google Assistant that can handle multiple tasks at once. 

I can read up on the latest health fads, ask for directions to the nearest goat yoga class 

(yes, that’s a thing), and text the location to mom hands-free. . . . 

2 
 

 

 

 

 

 

 

 

 

 

 

 

 

13. An approximate translation of an excerpt from the typical Spanish-language script for the 

Pixel 4 radio advertisements is: 

Pixel 4 is my favorite camera in low light. Its Night Sight mode opened up a galaxy of 

possibilities for my photos, like the Milky Way! No, really! I just point the camera at 

the sky and take Instagram-ready photos of the stars! It’s easy. 

I don’t have to learn anything new or do any fancy editing to obtain studio-quality 

photos at any time and anywhere, like birthday parties, low-light concerts, my mom and 

dad’s 50th birthdays. 

And with the continuous zoom feature, I didn’t miss a second of my daughter’s school 

play even though I was in the last row. 

14. In October 2019, an iHeartMedia employee wrote in an email to Google’s media buying 

agent that the company would like to have its Radio Personalities “customize certain parts of the 

script pending [sic] what’s relevant to their personal lives (i.e. [sic] if they have kids, involved in 

certain activities/hobbies, etc [sic]).” Google’s media buying agent approved this request. 

15. Before the first advertisements by iHeartMedia’s Radio Personalities were recorded, an 

iHeartMedia employee wrote an email to Google’s media buying agent requesting Pixel 4s for 

the Radio Personalities: 

I know this has been something that we have brought up numerous times, but it’s 

something that we really need to get to our voicing talent, especially if we want them to 

use their own first person tense when voicing. We . . . cannot require talent to use “I” in 

voiced spots when they have not physically used the product . . . . For this reason, we 

may receive spots from stations that adjust the tense slightly to remove the 

personalization of “I.” 

The iHeartMedia employee also wrote that “a few markets” also had raised concerns about Radio 

Personalities using first person without actually having the smartphones. Google’s media buying 

agent checked with Google and wrote back: 

Just heard back from [Google] in regards to [sic] sending Pixels to your talent. 

Unfortunately, this is not feasible for [Google] at this time as the product is not on 

shelves yet. It would take over a week to ship all of these phones out resulting in a loss of 

airtime. 

16. In October 2019, forty-three iHeartMedia Radio Personalities at different stations in ten 

markets—Atlanta, Boston, Chicago, Dallas/Ft. Worth, Denver/Boulder, Houston, Los Angeles, 

New York, Phoenix, and San Francisco—each recorded advertisements for the Pixel 4 using 

first-person language identical or substantially similar to that in the scripts described in 

Paragraphs 12 and 13. Some of the Radio Personalities personalized what they said they did with 

the Pixel 4. These Radio Personalities did not own or regularly use a Pixel 4 and had not used a 

3 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pixel 4 to take pictures at night. These ads aired over 11,200 times between October and 

December 2019. They included the ads attached as Exhibits A through D. 

17. In late January 2020, Google wanted additional advertisements endorsing the Pixel 4 

recorded by different iHeartMedia Radio Personalities. An iHeartMedia employee wrote in an 

email to a Google employee: 

Our influencers really need to have devices to truly make the creative sound authentic 

and personal and to understand firsthand what makes Pixel different. I know we 

discussed this in the past. Is there a way for us to get devices for the talent in advance of 

the campaign? If Google is unable to provide for all, maybe we could at least get one per 

market and make sure all of the talent gets to experience it before launch? If this isn’t a 

possibility , [sic] we may need to explore purchasing on our end. We think this is 

essential to making the campaign successful. 

The Google employee replied that Google would “not be able to provide devices at this time,” 

provided a link to a “page [that] has a lot of information on the device that may be helpful for the 

DJs to get acquainted with the features,” and said she believed “our team has also provided 

write-up on how to talk about the device.” Google subsequently provided iHeartMedia with only 

five Pixel 4s, one for each market where the advertisements were to be recorded. 

18. In February 2020, twenty-five additional iHeartMedia Radio Personalities at different 

stations in five markets—Chicago, Denver, Los Angeles, New York, and San Francisco—each 

recorded advertisements endorsing the Pixel 4 using first-person language identical or 

substantially similar to that in the script described in Paragraph 12. Some of the iHeartMedia 

Radio Personalities personalized what they said they did with the Pixel 4. These Radio 

Personalities did not own or possess a Pixel 4 and had not used a Pixel 4 to take pictures at night. 

These ads aired over 3,975 times in February and March 2020. They included the ads attached as 

Exhibits E and F. 

19. In October 2019, fifty-four different Radio Personalities at fifty-eight non-iHeartMedia 

radio stations in ten markets—Atlanta, Boston, Chicago, Dallas/Fort Worth, Denver/Boulder, 

Houston, Los Angeles, New York, Phoenix, and San Francisco—each recorded advertisements 

endorsing the Pixel 4 using first-person language identical or substantially similar to that in the 

scripts described in Paragraphs 12 and 13. Some of the personalities personalized what they said 

they did with the Pixel 4. Google did not provide those Radio Personalities with a Pixel 4. In 

most, if not all instances, the Radio Personalities did not own or possess a Pixel 4 and had not 

used a Pixel 4 to take pictures at night. These ads aired 10,900 times between October and 

December 2019. 

20. In February 2020, sixteen Radio Personalities at sixteen non-iHeartMedia radio stations 

in five markets—Chicago, Denver/Boulder, New York, San Francisco, and San Jose—each 

recorded advertisements endorsing the Pixel 4 using first-person language identical or 

substantially similar to that in the script described in Paragraph 12. Some of the Radio 

Personalities personalized what they said they did with the Pixel 4. Google did not provide those 

Radio Personalities with a Pixel 4. In most, if not all, instances, the Radio Personalities did not 

4 
 

 

 

 

 

 

 

 

 

 

 

own or possess a Pixel 4 and had not used a Pixel 4 to take pictures at night. These ads aired over 

2,200 times in March and February 2020. 

Count I 

False Endorsement Claims By iHeartMedia Radio Personalities 

21. Through the means described in Paragraphs 16 and 18, Respondents have represented, 

directly or indirectly, expressly or by implication, that: 

a. certain iHeartMedia Radio Personalities owned or regularly used a Pixel 4; and 

b. certain iHeartMedia Radio Personalities had used a Pixel 4 to take pictures at night. 

22. In fact, 

a. numerous iHeartMedia Radio Personalities who represented that they owned or 

regularly used a Pixel 4 smartphone did not own or regularly use one; and 

b. numerous iHeartMedia Radio Personalities who represented that they had used a 

Pixel 4 to take pictures at night had not done so. 

Therefore, the representations set forth in Paragraph 21 are false or misleading. 

Count II 

False Endorsement Claims by Other Radio Personalities 

23. Through the means described in Paragraphs 19 and 20, Respondent Google has 

represented, directly or indirectly, expressly or by implication, that: 

a. certain Radio Personalities owned or regularly used a Pixel 4; and 

b. certain Radio Personalities had used a Pixel 4 to take pictures at night. 

24. In fact, 

a. numerous Radio Personalities who represented that they owned or regularly used a 

Pixel 4 did not own or regularly use one; and 

b. numerous Radio Personalities who represented that they had used a Pixel 4 to take 

pictures at night had not done so. 

Therefore, the representations set forth in Paragraph 23 are false or misleading. 

5 
 

Violations of Section 5 

25. The acts and practices of Respondents as alleged in this complaint constitute unfair or 

deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal 

Trade Commission Act. 

THEREFORE, the Federal Trade Commission this _______ day of _______, 202__, has 

issued this Complaint against Respondents. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

6 
 

Exhibit A 

Audio recording of Pixel 4 advertisement that aired on WKSC-FM in 

Chicago, IL 278 times from October 28, 2019 through December 2, 

2019 
 

Exhibit B 

Audio recording of Pixel 4 advertisement that aired on KODA-FM in 

Houston, TX 250 times from October 28, 2019 through December 2, 

2019 

` 
 

 

Exhibit C 

Audio recording of Pixel 4 advertisement that aired on KYLD-FM in 

San Francisco, CA 222 times from October 28, 2019 through December 

2, 2019 

` 
 

 

Exhibit D 

Audio recording of Pixel 4 advertisement that aired on WBZY-FM in 

Atlanta, GA 165 times from October 28, 2019 through December 2, 

2019 

` 
 

 

Exhibit E 

Audio recording of Pixel 4 advertisement that aired on KTCL-FM in 

Denver, CO 167 times from February 18, 2020 through March 13, 2020 

` 
 

 

Exhibit F 

Audio recording of Pixel 4 advertisement that aired on WAXQ-FM in 

New York, NY 164 times from February 18, 2020 through March 13, 

2020 

`