Dot Com Disclosures Ensuring That Your Online Disclosures are “Clear and Conspicuous” Pablo M. Zylberglait Division of Enforcement Federal Trade Commission

Placement Hyperlinks Banners Design Technology • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Placement of Online Disclosures Place disclosure near or on same screen as triggering claim Otherwise Use text or visual cues to encourage scrolling Avoid formats that discourage scrolling Repetition Repeated claims Lengthy Web sites • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Placement Quiz Pizza Wizzard! Requires AC adapter available for $49.99 • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective. Requires AC adapter available for $49.99 Requires AC adapter available for $49.99

Placement Quiz Pizza Wizzard! Is the disclosure about the AC adapter adequately placed on this advertisement? Pizza Wizzard! Probably yes Probably not Yes, as long as the adapter is really necessary It doesn’t matter. I always get my pizza delivered • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective. Requires AC adapter available for $49.99

Using Hyperlinks to Make Disclosures Sometimes, full and complete disclosures are Too lengthy to be placed near the claim, or need to be repeated We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Place appropriately and prominently Using Hyperlinks to Make Disclosures Place appropriately and prominently Label to convey importance, nature, and relevance Hyperlinks • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Designing the Hyperlink Make it Obvious Don’t be coy Don’t be subtle* Use hyperlink styles consistently • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Hyperlinks Quiz 1 Pizza Wizzard! Is the hyperlink adequate if the disclosure states: “Requires AC adapter available for $49.99”? Pizza Wizzard! accessories accessories Yes Yes, as long as both prices are in U.S. Dollars No • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Ensuring that the Disclosure is Prominent Take consumers directly to the disclosure on the click-through page Assess the effectiveness of hyperlinks • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

When to Avoid Using Hyperlinks Disclosure is integral to the meaning of the claim Unexpected costs Health warnings Safety warnings Disclosure easily fits next to the claim • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Hyperlinks Quiz 2 CD-Playing Capabilities by Sentrix CD-Playing Capabilities • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

CD-Playing Capabilities The Sentrix DVD710ATcan play all music CDs except for: Commercially recorded music CDs manufactured prior to the year 2000, or CDs recorded through a personal computer • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Hyperlinks Quiz 2 CD-Playing Capabilities Is the hyperlink about the CD-playing capabilities labeled adequately? Yes No Only if you can play CDs without the need for an adapter by Sentrix CD-Playing Capabilities • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective. CD-Playing Capabilities

Disclosures and Disclosure within the banner? does it fit? is the claim deceptive without it? If not within the banner, take consumers directly to the disclosure Provide required disclosures in interactive banners • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Good Design : Greater Effectiveness Size matters Formatting claims and disclosures consistently helps Color counts • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Design Don’t bury the disclosure We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, taxes and delivery fees not included, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America Review entire ad to avoid distractions Use adequate audio disclosures Use adequate video disclosures Text is always a good bet • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Technology Variables Consider technological limitations Hardware Graphic cards Monitor size and definition Operating system display options Browser capabilities and settings Online software (plug-ins, Java, etc.) Consider technological limitations Design with default settings in mind • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Recap Dot Com Disclosures Near triggering claim Hyperlinks place them near the claim label them clearly take consumers directly to the disclosure Use design techniques to help consumers notice and understand disclosures and hyperlinks. Try to accommodate prevalent default settings in consumers’ browsers • Review the entire ad to ensure that other elements -- text, graphics, hyperlinks or sound -- do not distract consumers’ attention from the disclosure. • If a claim uses a particular color or graphic treatment, the disclosure can be formatted the same way • Don’t bury it. A disclosure that is buried in a long paragraph of unrelated text would not be effective.

Ensuring That Your Online Disclosures are “Clear and Conspicuous” Dot Com Disclosures Ensuring That Your Online Disclosures are “Clear and Conspicuous”