Dot Com Disclosures: Information about Online AdvertisingBarry Leonard Report by the Federal Trade Commission (FTC) on the information that businesses should consider as they develop online advertisements to ensure that they comply with the law. The same consumer protection laws that apply to commercial activities in other media apply online. The FTC Act's prohibition on unfair or deceptive acts or practicesÓ encompasses Internet advertisements, marketing & sales. It discusses: (1) the requirement for clear & conspicuous disclosures to prevent an advertisement from being misleading, to ensure that consumers receive material information about the terms of a transaction; (2) ways that advertisers can make such disclosures; & (3) FTC rules & guides that are adaptable to new technologies. |
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Page 18 - with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule.
Page 20 - an advertisement or business practice is unfair if it causes or is likely to cause substantial consumer injury that consumers could not reasonably avoid and that is not outweighed by the benefit to consumers or competition.
Page 19 - Guides for the Nursery Industry (16 CFR Part 18); Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry (16 CFR Part 20); Guides for the Jewelry, Precious Metals, and Pewter Industries (16 CFR Part 23); Guides for Select Leather and Imitation Leather Products (16 CFR Part 24); Tire Advertising and Labeling Guides (16 CFR Part 228); Guides Against Deceptive
Page 18 - may seek civil penalties from any person or company that violates a rule "with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule.
Page 4 - consumers are likely to believe reflects the opinions, beliefs, findings, or experience of a party other than the sponsoring advertiser.
Page 5 - the disclosure, • whether the advertisement is so lengthy that the disclosure needs to be repeated, • whether disclosures in audio messages are presented in an adequate volume and cadence and visual disclosures appear for a sufficient duration, and • whether the language of the disclosure is understandable to the intended audience. The
Page 19 - (16 CFR Part 444); Used Motor Vehicle Trade Regulation Rule (16 CFR Part 455); Labeling and Advertising of Home Insulation (16 CFR Part 460); Interpretations of Magnuson-Moss Warranty Act (16 CFR Part 700); Disclosure of Written Consumer Product Warranty Terms and Conditions (16 CFR Part 701); Pre-Sale Availability of Written Warranty Terms (16 CFR Part 702);
Page 5 - consider: • the placement of the disclosure in an advertisement and its proximity to the claim it is qualifying, • the prominence of the disclosure, • whether
Page 10 - may miss information presented in a pop-up window or on an interstitial page if the window or page disappears and they are unable or unaware of how to access it. Others may inadvertently minimize a pop-up screen by clicking on the main page and may not know how to make the pop-up screen reappear.
Page 11 - advertisers should consider how important the information is to prevent deception, how much information needs to be disclosed, the burden of disclosing it in the banner ad, how much information the consumer may absorb from the ad, and how effective the disclosure would be if it was made on the Web site.