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Unformatted text preview: realize the nature and relevance of the information that could be found by
clicking on it. Moreover, if consumers can buy Fat-away in brick and mortar stores, at third-party
online retailers, or in any way other than by clicking on the link, consumers who do not click on
the link would be misled. Similarly, consumers viewing “bit.ly/f56/disclose,” which leads to a third-party website
with disclosures, would not necessarily understand what they will find at that website, or why they
A-20 hould click on that link. Federal Trade Commission Example 18
Both disclosures in this ad appear in text that contrasts poorly with the background of the
page and they therefore are both easy to miss. Because the disclosures are not prominent, they
are not clear and conspicuous. A-21 .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 19
Most webpages viewable on desktop devices may also be viewable on smartphones, but,
as discussed earlier, consumers may miss disclosures on mobile devices because of the need to
zoom in on text and to scroll horizontally as well as vertically.
Disclosures are more likely to be clear and conspicuous on websites that are optimized
for mobile devices or created using responsive design, which automatically detects the kind of
device the consumer is using to access the site and arranges the content on the site so it makes
sense for that device.
In this example, the website is optimized for mobile devices, and both the information
about the service plan requirement and the hyperlink to the plan’s prices are immediately
adjacent to the camera price they qualify. A-22 Federal Trade Commission Example 20
Because the negative option in this example (enrollment in a recipe club) addresses
a different subject than the main offer (cookware), the advertiser should take special care to
ensure that the disclosure of the negative option is clear and conspicuous. In this case, requiring
consumers to affirmatively acknowledge the disclosure by clicking on one of the two boxes
on the second page — neither of which has been preselected — before they can proceed to
checkout, should achieve that goal. (continue on next page) A-23 .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 20 (continued) A-24 Federal Trade Commission Example 21
The blogger in this example obtained the paint she is reviewing for free and must disclose
that fact. Although she does so at the end of her blog post, there are several hyperlinks before
that disclosure that could distract readers and cause them to click away before they get to the
end of the post. Given these distractions, the disclosure likely is not clear and conspicuous. A-25 .com Disclosures: How to Make Effective Disclosures in Digital Advertising Example 22
All of the elements of an ad should be considered in assessing whether a disclosure is
clear and conspicuous. In some cases, elements that the advertiser might think make an ad
more eye-catching could actually distract consumers from important disclosures.
In this example, an animated spokesperson moving around and discussing the benefits of
the Eye on Your Home monitoring cameras might distract consumers from the disclosure of the
monthly monitoring fee. A-26 Federal Trade Commission | ftc.gov...
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This document was uploaded on 03/29/2014.
- Spring '14