As companies increasingly use the Internet to attract consumers, the Federal Trade Commission (FTC) has become concerned with regulating advertisements on the Internet to protect consumers from unwanted solicitations and misleading information. Companies must place disclosures on online advertisements in order to comply with FTC guidelines. The placement of disclosures can be key in protecting companies from allegations of misleading online advertisements.

A disclosure generally should be positioned in such a manner that it is unavoidable by the consumer. The following are some practical pointers to assist companies in the placement of disclosures in their online advertisements:

1. The disclosure should be placed close to the triggering term and/or point of purchase. The location(s) of the disclosure is important because the consumer is focused on the order form at the point of purchase and could ignore any provided disclosure information.

2. The disclosure should be placed so that it can be viewed on the same screen as the trigger term or point of purchase regardless of the size of the computer monitor or the version of the Internet browser used. If placement of the disclosure on the same screen is not possible, the disclosure should be as close as possible to the trigger term or point of purchase without too much space between the text at the top of the page and the disclosure at the bottom of the page.

3. A different type, color, or font should be used for the disclosure so that the disclosure is clearly noticeable by the consumer. Similarly, the disclosure should not be buried within text or at the end of text where the disclosure will be unnoticed or easily ignored.

4. When using hyperlinks, sufficient information about the disclosure should be conveyed as part of the hyperlink text so that the consumer has received the required disclosure even if the hyperlink is not accessed.

5. When using frames, pop-up menus or other devices, an alternate information source should be provided for consumers who are unable to access the disclosure. The technical devices used to communicate disclosures must work regardless of the mechanical and technical configurations of the equipment and software used by the consumer.

6. Disclosures should be placed so that a consumer is required to pass through the disclosure if a purchase is made.

7. With respect to consumer e-mail contact information, obtain the consumer's consent by (a) having the consumer voluntarily submit his or her e-mail information, (b) make the disclosure available to the consumer via traditional print media, and (c) offer the consumer the ability to opt-out of the e-mail notification method at any time.

Please consult with legal counsel to determine if your online advertisement disclosure meets the guidelines of the FTC.

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Last updated 6-Nov-2001.