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

Etail dEtails

PlacementPlacement HyperlinksHyperlinks BannersBanners DesignDesign TechnologyTechnology

Etail dEtails Place disclosure near or on same screen as triggering claim Otherwise –Use text or visual cues to encourage scrolling –Avoid formats that discourage scrolling RepetitionRepetition –Repeated claims –Lengthy Web sites Placement of Online Disclosures

Etail dEtails Placement Quiz Requires AC adapter available for $49.99 Pizza Wizzard! Requires AC adapter available for $49.99

Etail dEtails Placement Quiz Requires AC adapter available for $49.99 A.Probably yes B.Probably not C.Yes, as long as the adapter is really necessary D.It doesn’t matter. I always get my pizza delivered Is the disclosure about the AC adapter adequately placed on this advertisement? Pizza Wizzard!

Etail dEtails 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 Using Hyperlinks to Make Disclosures

Etail dEtails Place appropriately and prominently Label to convey importance, nature, and relevance Hyperlinks Using Hyperlinks to Make Disclosures

Etail dEtails Make it Obvious Don’t be coy Don’t be subtle* Use hyperlink styles consistently Designing the Hyperlink

Etail dEtails accessories Hyperlinks Quiz 1 Is the hyperlink adequate if the disclosure states: “Requires AC adapter available for $49.99”? A.Yes B.Yes, as long as both prices are in U.S. Dollars C.No Pizza Wizzard! accessories

Etail dEtails Take consumers directly to the disclosure on the click-through page Assess the effectiveness of hyperlinks Ensuring that the Disclosure is Prominent

Etail dEtails Disclosure is integral to the meaning of the claim Unexpected costs Health warnings Safety warnings Disclosure easily fits next to the claim When to Avoid Using Hyperlinks

Etail dEtails Hyperlinks Quiz 2 CD-Playing Capabilities by Sentrix CD-Playing Capabilities

Etail dEtails 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

Etail dEtails Hyperlinks Quiz 2 A.Yes B.No C.Only if you can play CDs without the need for an adapter Is the hyperlink about the CD-playing capabilities labeled adequately? by Sentrix CD-Playing Capabilities

Etail dEtails 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 Disclosures and

Etail dEtails Size matters Formatting claims and disclosures consistently helps Color counts Good Design : Greater Effectiveness

Etail dEtails 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 Design

Etail dEtails Hardware – –Graphic cards – –Monitor size and definition Operating system display options Browser capabilities and settings Online software (plug-ins, Java, etc.) Technology Variables Consider technological limitations Design with default settings in mind

Etail dEtails Recap Dot Com Disclosures Near triggering claimNear triggering claim HyperlinksHyperlinks – 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.Use design techniques to help consumers notice and understand disclosures and hyperlinks. Try to accommodate prevalent default settings in consumers’ browsersTry to accommodate prevalent default settings in consumers’ browsers

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