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Unformatted text preview: ats. Even if the hyperlink “3/4 Ct.” clicks through to
a page that lists the weight range for every size diamond sold by the advertiser, this disclosure is
not clear and conspicuous.
Underlining “3/4 Ct.” may or may not indicate to consumers that this is a hyperlink. Even
if consumers recognize it as a hyperlink, the label here does not communicate the relevance of
the information to which that link leads — in this case, to a disclosure that diamond weights are
not exact, that the diamonds sold by this merchant may vary in weight, and that the advertised
¾ carat diamonds might each actually weight less than 0.75 carats. Consumers might expect
to find additional general information about “carats” or diamond weights generally, but not
necessarily information that qualifies the claim that they are purchasing diamonds of a specific
weight. A-9 .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 8
Because the advertiser’s assertion that “Satisfaction is guaranteed” implies that
dissatisfied consumers can get a full refund of the purchase price, the advertiser should
disclose any restocking fees. The hyperlink “Disclaimer” leads to the disclosure, “If you return
the Frost-a-tron within 30 days there is a restocking fee of $19.95. After 30 days and before 90
days, the restocking fee is $29.95. After 90 days, the restocking fee is $49.95. Shipping and
handling fees are non-refundable. No COD on returns.”
The hyperlink label “Disclaimer” does not adequately convey that the information to
which this hyperlink leads concerns significant restocking fees applied to all product returns;
nor would hyperlinks labeled “Disclosure,” “Details,” or even “Return Information.” In contrast, the hyperlink in Example 6, “Restocking fee applies to all returns,” does
convey the nature and importance of the information in question.
A-10 Federal Trade Commission Example 9
This ad must disclose that the diamond weights are not exact and that a 3/4 carat
diamond may weigh between .72 and .78 carats. Even if t...
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This document was uploaded on 03/29/2014.
- Spring '14