What are Dot Com Disclosures?

Dot com disclosures, also referred to as “.com disclosures” or “online disclosures,” are guidelines from the United States Federal Trade Commission (FTC) that ensure transparent and truthful digital advertising and marketing communications. These regulations are generally relevant in the context of online platforms such as websites, social media and mobile applications. The Dot Com Disclosures Guide was first issued in 2000, but has since been amended in 2013 to address new digital market challenges. 

Key Takeaways

• Dot com disclosures are guidelines from the United States Federal Trade Commission (FTC) that ensure transparent and truthful digital advertising and marketing communications.
• The guide was initially issued in 2000 and was updated in 2013. 
• The goal of dot com disclosures is to provide transparency and safeguard against deception in online marketing and advertising communications.

Core Elements of the Dot Com Disclosure Guides

The Dot Com Disclosure Guides outline several key aspects that businesses and marketers should consider when creating online advertising and marketing content. The primary purpose of these guidelines is to ensure that consumers receive all necessary information to make informed purchasing decisions, even when a digital ad or promotion has limited space for conveying information. According to the guide, online disclosures should be:

• Clear and Conspicuous: Disclosures should be presented in a way that is noticeable, readable and understandable by consumers. This is particularly important in the digital landscape, where users may have limited attention spans and are often viewing content on various devices with smaller screen sizes than a typical computer. Moreover, the disclosures must be unavoidable and accessible. This means placing them on the main page view, not just via links or in footnotes.
• Truthful Claims: Any statements, representations, or assertions made in online marketing and advertising must be truthful, accurate, and substantiated. Marketers should have concrete evidence to back up the claims they are making before disseminating them to consumers. For example, if an ad claims "eliminate wrinkles overnight," but in truth the product only reduces the appearance of fine lines, the disclosure must state this.
• Proximity: The proximity rule states that disclosures should be placed as close as physically possible to the claims they reference in order to maximize the likelihood that consumers will see the disclosures and connect them to the claims. For example, if an advertisement makes a claim that “Product X will improve your hair in 5 days,” the disclosure stating “Results not typical” or explaining what percentage of users can expect such results should be located right next to or directly below that claim.
• Repetition: The repetition guideline states that disclosures should be repeated anywhere a claim is repeated across marketing content. This is critical to ensure the disclosure is consistently connected to the claim in the consumer's mind. It prevents misunderstandings from arising if a consumer only views one place where the claim is made but not qualified.

Bottom Line

While Dot Com Disclosures have been in place for over two decades, their relevance has only grown as commerce and advertising continues to migrate online. Adhering to Dot Com Disclosure guidelines remains imperative for ethical business conduct. Learn more about how to navigate Dot Com Disclosures seamlessly and efficiently by connecting with a Communications and Internet lawyer at Attorney At Law.