The radio equivalent of “mouse type”, the newspaper print so small that a magnifying glass is required, is “fast talking”.  Radio advertisements must be composed for normal reading, rather than speed-reading.  The disclosures must be audible and understandable.  Leaving two seconds in a sixty second spot for disclosure of all credit or lease terms isn’t likely to allow consumers to hear and understand the disclosure.

On television, disclosures must be large enough and remain on the screen long enough to be read by the average person.  Again, if disclosures are in mouse type and cannot be read by the TV viewer, the advertisement does not clearly and conspicuously disclose material terms.

For lease disclosures, a reference to an 800 phone can be used to make a very limited number of disclosures.  However, most disclosures required when a triggering term is used must be disclosed in the advertisement itself.  The text of the ad still must include:

•         that the transaction advertised is a lease,

•         the total amount due before or at consummation, or by delivery if delivery occurs after consummation, and

•         the number, amounts, and due dates or periods of scheduled payments under the lease.

The 1-800 number may be used to disclose mileage allowances/penalties, and may refer to other disclosures.  This toll-free phone number- which only applies to radio and TV ads - must be established no later than the ad's air date.  It also must continue for at least 10 days after the air date. Callers must be given all the required disclosures early in the message.  A clear and conspicuous written copy of the disclosures also must be given to anyone who asks for it.

As always, please call OADA with any ad compliance questions!