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Dot Com DisclosuresEnsuring That Your Ensuring That Your

Online Disclosures are Online Disclosures are

““Clear and Conspicuous”Clear and Conspicuous”

Pablo M. ZylberglaitPablo M. Zylberglait

Division of EnforcementDivision of Enforcement

Federal Trade CommissionFederal Trade Commission

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• PlacementPlacement

• HyperlinksHyperlinks • BannersBanners

• DesignDesign

• TechnologyTechnology

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• Place disclosure near or on same screen as triggering claim

• Otherwise– Use text or visual cues to encourage scrollingUse text or visual cues to encourage scrolling– Avoid formats that discourage scrollingAvoid formats that discourage scrolling

• RepetitionRepetition– Repeated claimsRepeated claims– Lengthy Web sitesLengthy Web sites

Placement of Online Disclosures

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PlacementQuiz

Requires AC adapter available for $49.99

Pizza Wizzard!

Requires AC adapter available for $49.99

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PlacementQuiz

Requires AC adapter available for $49.99

A.A. Probably yesProbably yes

B.B. Probably notProbably not

C.C. Yes, as long as the Yes, as long as the adapter is really adapter is really necessarynecessary

D.D. It doesn’t matter. I It doesn’t matter. I always get my pizza always get my pizza delivereddelivered

Is the disclosure about the AC adapter adequately placed on this advertisement?

Pizza Wizzard!

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• Sometimes, full and complete disclosures are– Too lengthy to be placed

near the claim, or

– need to be repeated

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America

Using Hyperlinks to Make Disclosures

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• Place appropriately and prominently

• Label to convey importance, nature, and relevance

Hyperlinks

Using Hyperlinks to Make Disclosures

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• Make it Obvious• Don’t be coy

• Don’t be subtle*

• Use hyperlink styles consistently

Designing the Hyperlink

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accessories

HyperlinksQuiz 1

Is the hyperlink adequate if the disclosure states:“Requires AC adapter available for $49.99”?

A.A. YesYes

B.B. Yes, as long as Yes, as long as both prices are in both prices are in U.S. DollarsU.S. Dollars

C.C. NoNo

Pizza Wizzard!accessories

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• Take consumers directly to the disclosure on the click-through page

• Assess the effectiveness of hyperlinks

Ensuring that the Disclosure is Prominent

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• Disclosure is integral to the meaning of the claim

• Unexpected costs• Health warnings• Safety warnings

• Disclosure easily fits next to the claim

When to Avoid Using Hyperlinks

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HyperlinksQuiz 2

CD-Playing Capabilities

by Sentrix

CD-Playing Capabilities

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CD-Playing Capabilities

The Sentrix DVD710ATcan play all music CDs except for:• Commercially recorded music CDs manufactured

prior to the year 2000, or • CDs recorded through a personal computer

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HyperlinksQuiz 2

A.A. YesYes

B.B. NoNo

C.C. Only if you can Only if you can play CDs without play CDs without the need for an the need for an adapteradapter

Is the hyperlink about the CD-playing capabilities labeled adequately?

by Sentrix

CD-Playing Capabilities

CD-Playing Capabilities

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• Disclosure within the banner?– does it fit?– is the claim deceptive without it?

• If not within the banner, take consumers directly to the disclosure

• Provide required disclosures in interactive banners

Disclosures and

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• Size matters

• Formatting claims and disclosures consistently helps

• Color counts

Good Design : Greater Effectiveness

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• Don’t bury the disclosureWe the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America

• Review entire ad to avoid distractions• Use adequate audio disclosures• Use adequate video disclosures• Text is always a good bet

Design

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• Hardware

– Graphic cards

– Monitor size and definition

• Operating system display options

• Browser capabilities and settings

• Online software (plug-ins, Java, etc.)

Technology Variables

• Consider technological limitations

• Design with default settings in mind

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RecapDot Com

Disclosures• Near triggering claimNear triggering claim• HyperlinksHyperlinks

– place them near the claimplace them near the claim– label them clearlylabel them clearly– take consumers directly to the disclosuretake consumers directly to the disclosure

• Use design techniques to help consumers notice and Use design techniques to help consumers notice and understand disclosures and hyperlinks.understand disclosures and hyperlinks.

• Try to accommodate prevalent default settings in Try to accommodate prevalent default settings in consumers’ browsersconsumers’ browsers

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Dot Com Disclosures

Ensuring That Your Ensuring That Your

Online Disclosures are Online Disclosures are

““Clear and Conspicuous”Clear and Conspicuous”