The Federal Trade Commission ("FTC") announced last week its plan to host a public workshop on September 15, 2016 called "Putting Disclosures to the Test." The goal of the workshop is to have companies, academics, and the FTC weigh in on how to evaluate the effectiveness of disclosures advertisers make to consumers about advertising claims, privacy practices, and other information. If you are interested in being a presenter, you may submit a proposal by contacting the FTC at disclosuretesting@ftc.gov by July 15th. To submit public comments in connection with the workshop click here (until November 2nd).
The press release for the workshop suggests that the FTC is particularly focused on exploring ways to evaluate and test consumers' understanding of disclosures made online and in other forms of digital media. The FTC last updated its guidance about disclosures in online advertising in March 2013 when it released the Dot Com Disclosure Guides, and has studied the effectiveness of disclosures in other industries and for specific purposes since then, for example, in connection with mobile shopping applications. We have previously reported on the FTC's guidance [here] and [here].
The fact that the FTC is examining disclosures again so soon may signal a concern that marketers' current practices are inadequate and that new guidance is required. Stay tuned for updates and further advice about how your company can effectively use disclosures so that consumers notice and understand them.
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