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Unformatted text preview: ormation intended to be disclosed is actually conveyed to
consumers. 1. In this document, the term “online” includes advertising and marketing via the Internet and other electronic
networks. It is device neutral and encompasses advertising and marketing on mobile devices, such as
smartphones and tablets.
2. This staff guidance document only addresses disclosures required pursuant to laws that the FTC enforces.
It does not address disclosures that may be required pursuant to local, state (e.g., many sweepstake
requirements), or other federal laws or regulations (e.g., regulations issued by the Consumer Financial
Protection Bureau or the Food and Drug Administration). 1 .com Disclosures: How to Make Effective Disclosures in Digital Advertising There is no litmus test for determining whether a disclosure is clear and conspicuous,
and in some instances, there may be more than one method that seems reasonable. In such
cases, the best practice would be to select the method more likely to effectively communicate
the information in question. II. The Applicability of FTC Law to Online
The FTC Act’s prohibition on “unfair or deceptive acts or practices” broadly covers
advertising claims, marketing and promotional activities, and sales practices in general.3 The
Act is not limited to any particular medium. Accordingly, the Commission’s role in protecting
consumers from unfair or deceptive acts or practices encompasses advertising, marketing,
and sales online, as well as the same activities in print, television, telephone, and radio. The
Commission has brought countless law enforcement actions to stop fraud and deception online
and works to educate businesses about their legal obligations and consumers about their
For certain industries or subject areas, the Commission issues rules and guides. Rules
prohibit specific acts or practices that the Commission has found to be unfair or deceptive.4
Guides help businesses in their efforts to comply with the law by provi...
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This document was uploaded on 03/29/2014.
- Spring '14