When written, clear and conspicuous information must be printed in the same language(s) as the sales offer(s) in a type size that a consumer can readily see and understand; that has the same emphasis and degree of contrast with the background as the sales offer; and that is not buried on the back or bottom, or in unrelated information that an ordinary consumer wouldn’t think important enough to read. When a seller or telemarketer makes required disclosures in a written document that is sent to a consumer and follows up with an outbound sales call to the consumer, the disclosures are considered clear and conspicuous only if they are sent close enough in time to the call so that the consumer associates the call with the written disclosures.

When disclosures are oral, clear and conspicuous means at an understandable speed and pace, and in the same language(s)and in the same tone and volume as the sales offer(s) so that ordinary consumers can easily hear and understand it. When making outbound calls, a telemarketer must promptly disclose certain types of information to consumers orally in the sales presentation. For purposes of the TSR, “promptly” means before any sales pitch is given and before any charitable solicitation is made. Required information about a prize promotion must be given before or when the prize offered is described.

You may provide this material information orally or in writing, as long as the information is clear and conspicuous

Before a Consumer Consents to Pay: Sellers and telemarketers must give a consumer the information required by Section 310.3(a)(1) of the TSR before:

• Getting a consumer’s consent to buy – or persuading a consumer to send full or partial payment by check.
• Asking for any credit card, bank account or other payment information.Continue reading→