FTC Released a Guide for .com Disclosures: Using High Tech Methods for Proximity and Placement (March 2013)

Guide for .com Disclosures: Using High Tech Methods for Proximity and Placement

Disclosures may be displayed on websites or in applications in many ways. For example, a disclosure may be placed in a frame that remains constant even as the consumer scrolls down the page or navigates through another part of the site or application. A disclosure also might be displayed in a window that pops up or on interstitial pages that appear while another webpage is loading. New techniques for displaying information are being developed all the time. But there are special considerations for evaluating whether a technique is appropriate for providing required disclosures.

● Don’t ignore technological limitations. Some browsers or devices may not support certain techniques for displaying disclosures or may display them in a manner that makes them difficult to read. For example, a disclosure that requires Adobe Flash Player will not be displayed on certain mobile devices.

● Don’t use blockable pop-up disclosures. Advertisers should not disclose necessary information through the use of pop-ups that could be prevented from appearing by pop-up blocking software.

● Be aware of other issues with pop-up disclosures. Even the use of unblockable pop-ups to disclose necessary information may be problematic. Some consumers may not read information in pop-up windows or interstitials because they immediately close the pop-ups or move to the next page in pursuit of completing their intended tasks, or because they don’t associate information in a pop-up window or on an interstitial page to a claim or product they haven’t encountered yet. However, advertisers can take steps to avoid such problems, e.g., by requiring the consumer to take some affirmative action to proceed past the pop-up or interstitial (for example, by requiring consumers to choose between “yes” and “no” buttons without use of preselected buttons before continuing). Research may be useful to help advertisers determine whether a particular technique is an effective method of communicating information to consumers.

For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital

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