Interpretation of Rules and Guides for Electronic Media
Public Workshop - May 14, 1999

AGENDA

8:00 - 8:30

Registration

8:30-8:45

Introductory Remarks
Jodie Bernstein, Director, Bureau of Consumer Protection

Session I

Evaluating Whether Disclosures Required by the FTC's Rules and Guides are Displayed Clearly and Conspicuously in Electronic Media Advertisements

This session will focus on evaluating whether disclosures in electronic media advertisements are clear and conspicuous. Participants will be asked to discuss the issues in the context of the mock advertisements created for the workshop.

8:45 - 10:30

Placement and Proximity of Disclosures

  • Placement on the Same Screen as the Claim Being Modified
    • What is the importance of placing a disclosure on the same screen as the claim it modifies? Is information more accessible to consumers if placed on the same screen?
  • Scrolling to View a Disclosure
    • Is a disclosure clear and conspicuous when consumers must scroll down the page to view the disclosure? What factors should be considered in analyzing this issue?
  • Technological Considerations in Evaluating the Placement of Disclosures in Ads

10:30 - 10:45

Break

10:45 - 12:00

Placement and Proximity of Disclosures - Continued
  • The Use of Hyperlinks to Make Disclosures
    • Are disclosures in online advertisements clear and conspicuous when placed on a separate page that is accessible by a hyperlink? What factors should be considered in analyzing this issue?

12:00 - 1:15

Lunch

1:15 - 3:30

Placement and Proximity of Disclosures - Continued
  • The Use of Hyperlinks to Make Disclosures (continued)
  • High Tech Methods to Make Disclosures
    • How can frames, pop-ups, interstitials and other techniques be used to make clear and conspicuous disclosures?
  • Banner Advertisements
    • How should banner advertisements be analyzed? How should disclosures be made when a claim is made in a banner advertisement?
Other Factors to Consider - Prominence; Distracting Factors; Repetition; Returning to the Disclosure; and Audio and Visual Disclosures

3:30 - 3:45

Break

Session II

Interpretation of the Terms "Written," "Writing," and "Printed" as Used in the FTC's Rules and Guides

3:45 - 5:45

This session will focus on the terms "written," "writing," and "printed," as used in the rules and guides, in light of the use of electronic media. The Commission proposed interpreting these terms as "information that is capable of being preserved in tangible form and read." Participants will be asked to discuss:
  • Whether the proposed interpretation is appropriate for each term as used in the rules and guides?
  • Whether the terms should be interpreted as "visual text" in most cases and only include the concept of preservation or retention when there is a need for the information to be retained or to be referred to again?
  • The concept of preserving or retaining information in the online world.
  • How can businesses comply electronically with rule and guide requirements to provide information in writing or to furnish, mail or send information to another person?