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Federal Trade Commission Edit
|“|| Disclosures that are required to prevent an ad from being misleading, to ensure that consumers receive material information about the terms of a transaction or to further public policy goals, must be clear and conspicuous. In evaluating whether disclosures are likely to be clear and conspicuous in online ads, advertisers should consider the placement of the disclosure in an ad and its proximity to the relevant claim. Additional considerations include: the prominence of the disclosure; whether items in other parts of the ad distract attention from the disclosure; whether the ad is so lengthy that the disclosure needs to be repeated; whether disclosures in audio messages are presented in an adequate volume and cadence and visual disclosures appear for a sufficient duration; and, whether the language of the disclosure is understandable to the intended audience.
To make a disclosure clear and conspicuous, advertisers should:
Clear and conspicuous means
|“||that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.||”|
U.S. telecommunications law Edit
Clear and conspicuous means “notice that would be apparent to the reasonable consumer.”