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Unformatted text preview: ary focus. One way to increase the likelihood
that consumers have actually read and understood a disclosure in such circumstances is
to require consumers to affirmatively acknowledge having seen the disclosure by choosing
between multiple answer options, none of which is preselected. Any such affirmative 29. Website operators can identify visitors who are using mobile devices to visit their websites and display a
version of the site that has been designed or “optimized” to enable those consumers to view the site more
easily. 18 Federal Trade Commission acknowledgement should be displayed early in the decision-making process, e.g., before the
primary item is actually added to a shopping cart. Example 20 3. Distracting Factors in Ads
The clear and conspicuous analysis does not focus only on the disclosure itself. It also
is important to consider the entire ad. Elements like graphics, sound, text, links that lead to
other screens or sites, or “add to cart” buttons may result in consumers not noticing, reading,
or listening to the disclosure. Example 21
● Don’t let other parts of an ad get in the way. On television, moving visuals
behind a text message make the text hard to read and may distract consumers’
attention from the message. Using graphics online raises similar concerns:
flashing images or animated graphics may reduce the prominence of a disclosure.
Graphics on a webpage alone may not undermine the effectiveness of a disclosure.
It is important, however, to consider all the elements in the ad, not just the text of
the disclosure. Example 22 4. Repetition
It may be necessary to disclose information more than once to convey a non-deceptive
message. Repeating a disclosure makes it more likely that a consumer will notice and
understand it, and will also increase the likelihood that it will be seen by consumers who may
be entering the website at different points. Still, the disclosure need not be repeated so often
that consumers would ignore it or it would clutter the ad.
● Repeat disclosures on lengthy sites and applications, as needed. Consumers
can access and navigate websites or applications in different ways. Many
consumers may access a si...
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This document was uploaded on 03/29/2014.
- Spring '14