FTC Taking Another Look at Online Disclosures

The FTC has announced that it’s taking a recent look at its steering for on-line disclosures, partially as a result of, in accordance with its Client Safety Director, “some companies are wrongly citing the guides to justify practices that mislead consumers online.”

First issued in 2000 after which up to date in 2013, the company’s .com Disclosures steering has lengthy set benchmarks on incorporating related limitations and qualifying data in digital promoting. At backside, the FTC has lengthy emphasised that the identical shopper safety legal guidelines that apply to industrial actions in different media additionally apply on-line, and that any disclosures required to forestall on-line advertisements from being deceptive should be clear and conspicuous.

As new types of shopper engagement emerge on-line, the FTC is in search of public enter on how its steering is perhaps improved. Among the many questions the company raises are whether or not the FTC ought to tackle points raised by:

  • Sponsored promoting on social media platforms;

  • Using promoting content material embedded in video games; and

  • Using darkish sample methods in digital promoting.

The FTC additionally asks whether or not the steering must be clarified to handle:

  • The suitable use of hyperlinks and the way hyperlinks must be labeled;

  • How one can make qualifying disclosures when customers should navigate a number of webpages with a purpose to full a purchase order;

  • Promoting on cellular gadgets;

  • Microtargeted promoting;

  • Points regarding promoting within the metaverse and in digital actuality; and

  • Multi-party promoting preparations, similar to market platforms and affiliate promoting.

The FTC is taking comments on these questions via August 2, 2022.

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