The Federal Trade Commission (“FTC”), a government body tasked with “preventing business practices that are anticompetitive or deceptive or unfair to consumers and enhancing informed consumer choice and public understanding of the competitive process,” released DotCom Disclosures – a guidance document “for mobile and other online advertisers that explains how to make disclosures clear and conspicuous to avoid deception.” (FTC).
History: In May 2000, the FTC first issued DotCom Disclosures, which was subtitled “Information About Online Advertising, and which examined “how the FTC’s consumer protection statutes, rules, and guides apply to online advertising and sales and discussed FTC requirements that disclosures be presented clearly and conspicuously, in the context of online advertising.” (FTC). The overarching message of the original DotCom Disclosures was that the FTC’s traditional views about disclosures were the same regardless of whether the medium was print, television, radio, or the internet. As such, an advertiser must make sure that (1) all relevant information is disclosed, and (2) all disclosures are clear and conspicuous. (FTC).
In the original guidance, the FTC focused on disclosures that appeared on separate pages or that were available only via hyperlink. The agency urged advertisers to:
In March 2013, the FTC issued the first revision of its DotCom Disclosures since that guide’s original publication in May 2000. Beginning in May 2011, “FTC staff began seeking input to modify and update the guidance document to reflect the dramatic changes in the online world in the preceding eleven years. After three public comment periods and a public workshop, this revised staff guidance document [subtitled “How to Make Effective Disclosures in Digital Advertising] was issued in March 2013.” (FTC).
Revised DotCom Disclosures
The FTC’s revision to its existing DotCom guidelines, while not surprising in terms of content, “recognized that although the underlying message of the DotCom Disclosures remained valid, the rules themselves needed an update to reflect technological innovation, including the facts that many consumers now access the internet on mobile devices; use software to block pop-up ads; and view advertising mixed with posts from friends on social media sites such as Facebook, Twitter, and Pinterest.” (BNA).
For advertisers preparing an online or social media campaign, the key takeaways from the new DotCom Disclosures include (BNA):
The new .com Disclosures also offers specific guidance for social media. For instance: