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Federal Trade Commission
advertising, as well as to other media.
6
Therefore, the plain language of many rules and
guides applies to claims made online.
7
For example, the Mail or Telephone Order Merchandise
6. The following rules and guides are included in this category: Guides for the Nursery Industry (16 C.F.R.
Part 18); Guides for the Rebuilt, Reconditioned and Other Used Automobile Parts Industry (16 C.F.R. Part
20); Guides for the Jewelry, Precious Metals, and Pewter Industries (16 C.F.R. Part 23); Guides for Select
Leather and Imitation Leather Products (16 C.F.R. Part 24); Guides Against Deceptive Pricing (16 C.F.R.
Part 233); Guides Against Bait Advertising (16 C.F.R. Part 238); Guides for the Advertising of Warranties and
Guarantees (16 C.F.R. Part 239); Guide Concerning Use of the Word “Free” and Similar Representations (16
C.F.R. Part 251); Guides for Private Vocational and Distance Education Schools (16 C.F.R. Part 254); Guides
Concerning Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255); Guides Concerning
Fuel Economy Advertising for New Automobiles (16 C.F.R. Part 259); Guides for the Use of Environmental
Marketing Claims (16 C.F.R. Part 260); Rules and Regulations Under the Wool Products Labeling Act of 1939
(16 C.F.R. Part 300); Rules and Regulations Under Fur Products Labeling Act (16 C.F.R. Part 301); Rules and
Regulations Under the Textile Fiber Products Identication Act (16 C.F.R. Part 303); Energy and Water Use
Labeling for Consumer Products under the Energy Policy and Conservation Act (“Energy Labeling Rule”) (16
C.F.R. Part 305); Contacts Lens Rule (16 C.F.R. Part 315); Prohibition of Energy Market Manipulation Rule
(16 C.F.R. Part 317); Deceptive Advertising as to Sizes of Viewable Pictures Shown by Television Receiving
Sets (16 C.F.R. Part 410); Retail Food Store Advertising and Marketing Practices (16 C.F.R. Part 424); Use
of Prenotication Negative Option Plans (16 C.F.R. Part 425); Power Output Claims for Ampliers Utilized
in Home Entertainment Products (16 C.F.R. Part 432); Preservation of Consumers’ Claims and Defenses
(16 C.F.R. Part 433); Mail or Telephone Order Merchandise (16 C.F.R. Part 435); Disclosure Requirements
and Prohibitions Concerning Franchising (16 C.F.R. Part 436); Business Opportunity Rule (16 C.F.R. Part
437); Credit Practices (16 C.F.R. Part 444); Used Motor Vehicle Trade Regulation Rule (16 C.F.R. Part
455); Labeling and Advertising of Home Insulation (16 C.F.R. Part 460); Interpretations of Magnuson-Moss
Warranty Act (16 C.F.R. Part 700); Disclosure of Written Consumer Product Warranty Terms and Conditions
(16 C.F.R. Part 701); Pre-Sale Availability of Written Warranty Terms (16 C.F.R. Part 702); Informal Dispute
Settlement Procedures (16 C.F.R. Part 703).
7. A rule or guide applies to online activities if its scope is not limited by how claims are communicated to
consumers, how advertising is disseminated, or where commercial activities occur. The Commission has a
program in place to systematically review its rules and guides to evaluate their continued need and to make any
necessary changes. As needed, the Commission has and will continue to amend or clarify the scope of any
particular rule or guide in more detail during its regularly scheduled review. For example, the Energy Labeling
Rule was updated to clarify that “catalog” includes “material disseminated over the Internet” and to allow certain
disclosures to be made available using the Internet. See 72 Fed. Reg. 49,948, 49,957, 49,961 (Aug. 29, 2007).
The rst Dot Com Disclosures guidance document contained a section discussing how certain FTC rules
and guides apply to online activities. Since that time, the Commission has addressed many of these issues
in rulemakings or its periodic rule and guide reviews, and the information is widely understood given the
ubiquitous nature and use of online technology. Nevertheless, the principles articulated in the original Dot
Com Disclosures remain the same. For the most part, rules and guides that use terms such as “written,”
“writing,” and “printed” apply online, and email may be used to comply with certain requirements to provide
or send required notices or documents to consumers as long as consumers understand or expect to receive
such information by email. For example, warranties communicated through visual text online are no different
than paper versions and the same rules apply. The requirement to make warranties available at the point
of purchase can be accomplished easily online by, for example, using a clearly-labeled hyperlink, in close
proximity to the description of the warrantied product, such as “get warranty information here” to lead to the
full text of the warranty, and presenting the warranty in a way that it can be preserved either by downloading
or printing so consumers can refer to it after purchase. Disclosure of Written Consumer Product Warranty
Terms and Conditions, 16 C.F.R. § 701.3 and Pre-Sale Availability of Written Warranty Terms, 16 C.F.R.
§ 702.3. Another example involves the Telemarketing Sales Rule. Advertisers who send email and text
messages that invite consumers to telephone the sender in order to make a purchase are subject to the
Telemarketing Sales Rule, unless they qualify for the direct mail exemption under 16 C.F.R. 310.6(b)(6) by
clearly and conspicuously making certain specied disclosures in the original solicitation.