3 ms·
The actual new rule is page 156 of this pdf https://www.ftc.gov/system/files/ftc_gov/pdf/r207011unfairjunkfeesnprmfinal.pdf https://www.ftc.gov/system/files/ftc
by cwmma 3y ago
The actual new rule is page 156 of this pdf https://www.ftc.gov/system/files/ftc_gov/pdf/r207011unfairjunkfeesnprmfinal.pdf https://www.ftc.gov/system/files/ftc_gov/pdf/r207011unfairju... and I've copied it below:
464.1 Definitions
(a) Ancillary Good or Service means any additional good(s) or service(s) offered to a consumer
as part of the same transaction.
(b) Business means an individual, corporation, partnership, association, or any other entity that
offers goods or services, including, but not limited to, online, in mobile applications, and in
physical locations. Motor vehicle dealers that must comply with 16 CFR 463, requiring
motor vehicle dealers to disclose the full cash price for which a dealer will sell or finance
the motor vehicle to any consumer, and prohibiting motor vehicle dealers from making
misrepresentations, are exempted from the definition of “Business” for all purposes under
this part.
156
(c) Clear(ly) and Conspicuous(ly) means a required disclosure that is difficult to miss (i.e.,
easily noticeable) and easily understandable, including in all of the following ways:
(1) In any communication that is solely visual or solely audible, the disclosure must
be made through the same means through which the communication is
presented. In any communication made through both visual and audible means,
such as a television advertisement, the disclosure must be presented
simultaneously in both the visual and audible portions of the communication
even if the representation requiring the disclosure is made in only one means.
(2) A visual disclosure, by its size, contrast, location, the length of time it appears,
and other characteristics, must stand out from any accompanying text or other
visual elements so that it is easily noticed, read, and understood.
(3) An audible disclosure, including by telephone or streaming video, must be
delivered in a volume, speed, and cadence sufficient for ordinary consumers to
easily hear and understand it.
(4) In any communication using an interactive electronic medium, such as the
Internet or software, the disclosure must be unavoidable.
(5) The disclosure must use diction and syntax understandable to ordinary
consumers and must appear in each language in which the representation that
requires the disclosure appears.
(6) The disclosure must comply with these requirements in each medium through
which it is received, including all electronic devices and face-to-face
communications.
(7) The disclosure must not be contradicted or mitigated by, or inconsistent with,
anything else in the communication.
(8) When the representation or sales practice targets a specific audience, such as
children, older adults, or the terminally ill, “ordinary consumers” includes
reasonable members of that group.
(d) Government Charges means all fees or charges imposed on consumers by a Federal, State,
or local government agency, unit, or department.
(e) Pricing Information means any information relating to an amount a consumer may pay.
(f) Shipping Charges means the fees or charges that reasonably reflect the amount a Business
incurs to send physical goods to a consumer through the mail, including private mail
services.
(g) Total Price means the maximum total of all fees or charges a consumer must pay for a good
or service and any mandatory Ancillary Good or Service, except that Shipping Charges and
Government Charges may be excluded.
§ 464.2 Hidden Fees Prohibited
(a) It is an unfair and deceptive practice and a violation of this part for any Business to offer,
display, or advertise an amount a consumer may pay without Clearly and Conspicuously
disclosing the Total Price.
(b) In any offer, display, or advertisement that contains an amount a consumer may pay, a
Business must display the Total Price more prominently than any other Pricing Information.
§ 464.3 Misleading Fees Prohibited
157
(a) It is an unfair and deceptive practice and a violation of this part for any Business to
misrepresent the nature and purpose of any amount a consumer may pay, including the
refundability of such fees and the identity of any good or service for which fees are
charged.
(b) A Business must disclose Clearly and Conspicuously before the consumer consents to pay
the nature and purpose of any amount a consumer may pay that is excluded from the Total
Price, including the refundability of such fees and the identity of any good or service for
which fees are charged.
§ 464.4 Relation to State Laws
(a) In General. This part will not be construed as superseding, altering, or affecting any State
statute, regulation, order, or interpretation relating to unfair or deceptive fees or charges,
except to the extent that such statute, regulation, order, or interpretation is inconsistent with
the provisions of this part, and then only to the extent of the inconsistency.
(b) Greater protection under State law. For purposes of this Section, a State statute, regulation,
order, or interpretation is not inconsistent with the provisions of this part if the protection
such statute, regulation, order, or interpretation affords any consumer is greater than the
protection provided under this part.
- lesuorac 3y agoCan you format it too next time.