The Fine Print Rule
Utah Administrative Code R152-11-2 governs how suppliers present offers in advertising and promotional literature. The rule implements the Utah Consumer Sales Practices Act. It addresses how the terms behind an advertised offer are disclosed. A supplier must state any material exclusions, reservations, limitations, modifications, or conditions clearly and conspicuously. These terms must appear in close proximity to the words stating the offer. Failing to do so is a deceptive act or practice. For example, an ad that omits the amount of an additional charge for an advertised feature is deceptive.
Understanding Close Proximity
The rule does not define close proximity in exact terms. The Utah Division of Consumer Protection has offered guidance. In the Division’s view, a link to a separate terms page is not in close proximity to the offer. Terms visible only after scrolling may also fall short. As a practical matter, a consumer reading the offer should see its conditions at the same time. The rule also addresses add-on purchases. If other items must be bought for the advertised price to apply, the ad must say so. This helps consumers understand the full cost before they buy.
Defining Conspicuous Disclosures
Placement is only part of the standard. The disclosure must also be clear and conspicuous. Rule R152-11-2 does not set a font size or color requirement. In practice, readable type and clear contrast help a disclosure stand out. A material exclusion buried in a long block of small print may not meet the standard. Offers made orally, such as through radio or television, have their own requirement. They must include a conspicuously clear oral statement of any material exclusions, reservations, modifications, or conditions. Together, these requirements keep material terms visible to buyers.
Legal Assistance for Consumer Disputes
Applying these rules to a specific advertisement can raise fact-specific questions. For help with a consumer dispute or contract enforcement matter, contact Head Law. This article is general information, not legal advice.