TEASER: FTC Revises .com Disclosures

Published On March 12, 2013 | By Jon Frankel | General
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Today, the Federal Trade Commission released a long-overdue update to its 2000 Staff Guidance document Dot Com Disclosures. In the new guidance, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” the FTC takes into account the expanding use of smart phones with small screens and the risks associated with social media marketing.  The report has 3 key take-a-ways: (i) old school consumer protection and advertising laws still apply regardless of how companies market, whether by print, radio, tv, online or through mobile applications; (ii) disclosures must be clear and conspicuous to prevent an online advertisement from being deceptive or unfair; and (iii) disclosures should be as “close as possible” to the relevant claim and hyperlinks should be labeled as specifically as possible.  We will have a more detailed analysis of the new .com Disclosures in a subsequent post.

About The Author

Jon Frankel has been advising clients on privacy, data security, e-commerce, intellectual property and litigation matters for more than 15 years. Jon provides practical advice to mitigate privacy and data security risks and helps clients navigate a myriad of complex data collection, use and sharing cases. Jon advises on health and children’s privacy; email, SMS and telemarketing; mobile applications; user generated content; contests, promotions, and sweepstakes, online gaming; and requests from law enforcement. Prior to joining ZwillGen, Jon was a partner in the Washington, D.C. office of Bingham McCutchen, LLP, where he co-chaired the Privacy and Security Group.