One of the under-reported aspects of Chrysler’s Chapter 11 is the huge amount of advertising the auto company books in markets all over the country.
Typically one of the biggest advertisers in the world, Chrysler has $300 million booked in media and one of its agencies – Omnicom Group’s BBDO Detroit – is listed as the company’s second-largest unsecured creditor at $58.1 million.
So who’s left holding the bag for Chrysler? The agency or the media outlets? The answer, of course, is “it depends.” First, let’s examine the two ways media is purchased:
1. Direct purchase of media by business. In this scenario, small business owners buy their own media time directly with the rep from the station.
I don’t generally advise this course of action; using an agency doesn’t cost more than booking the time yourself because the vast majority of media outlets build in the agency commission in their rates. Agencies can also save you money by knowing what to buy at what price point and when, which also makes your advertising more effective.
2. Agencies purchase time on behalf of their client. This is where it gets tricky. Agencies sign contracts “on behalf of” their clients every day. This is a legally binding contract between the client/agency and the media outlet.
Some agencies sign the contract and then have the client pay the bill directly. Other agencies sign and then pay the media bills themselves while billing the client on the back end. Regardless, agencies get paid via a commission on the media they purchase.
The generally accepted way of doing business says that media companies should go after the client first and then the agency, if the agency has already been paid for the media time by the client.
What’s left to be determined with Chrysler is if they owe the agency for the media buys or if the local TV stations where they booked spots will be left empty-handed.
According to this piece in MediaPost today, numerous local TV outlets have been requiring cash upfront for some time for GM and Chrysler buys. This is rarely the case locally (except for political spots).
These days, cash on contract might be the smartest move an agency or media outlet could make.
