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devices may also be viewable on smartphones. Therefore, unless a website defaults to a
mobile-optimized (or similarly responsive) version,29 advertisers should design the website so
that any necessary disclosures are clear and conspicuous, regardless of the device on which
they are displayed. Example 19 Among many other considerations, if a disclosure is too small
to read on a mobile device and the text of the disclosure cannot be enlarged, it is not a clear
and conspicuous disclosure. If a disclosure is presented in a long line of text that does not
wrap around and fit on a screen, it is unlikely to be adequate.
Don’t bury it. The prominence of the disclosure also may be affected by other factors.
A disclosure that is buried in a long paragraph of unrelated text will not be effective. The
unrelated text detracts from the message and makes it unlikely that a consumer would notice
the disclosure or recognize its importance. Even though the unrelated information may be
useful, advertisers must ensure that the disclosure is communicated effectively. For example,
lengthy agreements. Even if such agreements may be sufficient for contractual or other
purposes, disclosures that are necessary to prevent deception or unfairness should not be
relegated to them. Similarly, simply because consumers click that they “agree” to a term or
condition, does not make the disclosure clear and conspicuous.
A disclosure that addresses a subject other than the primary subject of the ad.
Consumers who are trying to complete a task and obtain a specific product or service may
not pay adequate attention to a disclosure that does not relate to the task at hand. This can
be problematic if, for example, an advertiser is selling a product or service together with a
negative option trial for a different product or service. In these circumstances, even a relatively
prominent disclosure about the negative option trial could be missed by consumers because
this additional product or service is not their prim...
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This document was uploaded on 03/29/2014.
- Spring '14