Fineprint 116/17/2023 Very frequently, consumers, eager to obtain a product or service they have the dire need or wish for, or that they have been coerced into obtaining, will sign their names on a binding contract. Often when this occurs, the limitations that render him/her ineligible will apply to an overwhelming majority of consumers. Reasons they may be given include his/her age, race, religion, credit rating, size or location of residence, the type of vehicle s/he owns, the amount of prior business s/he has done with that company, or the variety of the item s/he wishes to purchase. The customer will be told when ready to purchase that for one reason or another, they will not be eligible for the advertised offer, and will be coerced into one that is higher priced (see Hard sell). In some cases, the seller who uses this technique will engage in the practice of bait and switch. ruled that these "unilateral modification clauses" were illusory and, thus, unenforceable. However, in early 2009, the federal case of Harris v. It is also widely abused in terms of use statements and privacy policies. This controversial practice is often seen in the banking and insurance industries. In many cases, the business states in fine print that it reserves the right to modify the terms of the contract at any time with little to no advance notice. In many cases, these conditions are difficult or nearly impossible to meet. Many offers, advertised in large print, only apply when certain conditions are met. The unsuspecting customer, who can instantly see all the attractive aspects of the offer, will, due to natural impulsive behavior, time constraints, and/or personal need, generally not bother to learn the caveats, instead focusing on the positives of the deal. Though the real truth about the offer is technically available to the consumer in the smaller print of the advertisement-thus virtually ensuring plausible deniability from claims of fraud-it is often designed to be overlooked. Its purpose is to make the consumer believe that the offer is really great. ( November 2019)įine print is controversial because of its deceptive nature. See Wikipedia's guide to writing better articles for further suggestions. Please improve the article by adding more descriptive text and removing less pertinent examples. This section may contain indiscriminate, excessive, or irrelevant examples. (15 USC § 45 (a)) In relevant part, they state that contingent conditions and obligations of an offer must be set forth clearly and conspicuously at the outset of the offer, and that disclosure of the terms of the offer set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the offer, is not regarded as making disclosure at the outset. US FTC regulations state that unfair or deceptive acts or practices in or affecting commerce are unlawful. In the US, the Federal Trade Commission (FTC) regulations state that, for an advertised offer to be lawful, the terms of the offer must be clear and conspicuous, not relegated to fine print. The practice, for example, can be used to mislead the consumer about an item's price or value, or the nutritional content of a food product. The use of fine print is a common advertising technique in certain market niches, particularly those of high-margin specialty products or services uncompetitive with those in the mainstream market. Sometimes television advertisements flash text fine print in camouflagic colors, and for brief periods of time, making it difficult or impossible for the viewer to read. Especially in pharmaceutical advertisements, fine print may accompany a warning message, but this message is often neutralized by the more eye-catching positive images and pleasant background music ( eye candy). For example, if the larger print says "pre-approved" the fine print might say "subject to approval". įine print may say the opposite of what the larger print says. There is strong evidence that suggests the fine print is not read by the majority of consumers. This may satisfy a legal technicality which requires full disclosure of all (even unfavorable) terms or conditions, but does not specify the manner (size, typeface, coloring, etc.) of disclosure. The larger print that is used in conjunction with fine print by the merchant often has the effect of deceiving the consumer into believing the offer is more advantageous than it really is. Political endorsement signs often have fine print disclaimers.įine print, small print, or mouseprint is less noticeable print smaller than the more obvious larger print it accompanies that advertises or otherwise describes or partially describes a commercial product or service.
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