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

3. 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.

4. 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.

5. 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

6. 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

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

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