FTC Plans to Update Dot Com Disclosure Guidance

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Digital advertising and marketing is constantly evolving. “Eleven years ago, mobile marketing was just a vision, there was not an “App” economy, the use of “pop-up blockers” was not widespread, and online social networking was nowhere as sophisticated or extensive as it is today.”

The Federal Trade Commission (“FTC’ or “Commission”) recently announced that it was updating its Dot Com Disclosures: Information About Online Advertisingguidance document and would seek comments on proposed areas for changes through July 11, 2011.

The primary focus of the document, which has not been revised since it was first issued in 2000, informs advertisers that consumer protection laws and the requirement to provide clear and conspicuous disclosures applies to the online world in addition to the offline world.

FTC’s Request for Comment

FTC requests comments on a change to its Internet “dot com disclosures” on the following questions:

  1. What issues have been raised by online technologies or Internet activities or features that have emerged since the business guide was issued (e.g.,mobile marketing, including screen size) that should be addressed in a revised guidance document?
  1. What issues raised by new technologies or Internet activities or features on the horizon should be addressed in a revised business guide?
  1. What issues raised by new laws or regulations should be addressed in a revised guidance document?
  1. What research or other information regarding the online marketplace, online advertising techniques, or consumer online behavior should the staff consider in revising “Dot Com Disclosures”?
  1. What research or other information regarding the effectiveness of disclosures

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