LifeLock 2015 Annual Report Download - page 155

Equifax is strongly committed to fair and honest marketing practices. As a part of your relationship with Equifax, you are expected to comply with all state
and federal laws and regulations related to consumer protection and fair trade practices. The following Guidance is not intended to serve as legal advice
or in any way relieve Partners’ obligations to comply with laws. This Guidance is not intended to serve as legal advice or in any way relieve your
obligations to comply with laws. In the event this Guidance conflicts with applicable laws, you are expected to comply with laws and provide prompt
notification to Equifax of any such conflict. It is your responsibility to ensure your employees impacted by this Guidance are informed and appropriately
trained on the procedures as needed.
Equifax expects you to comply with this Guidance beginning with the initial contact with the consumer (advertisement or other communication), whether
written or oral. If this first contact is deemed unfair, deceptive or misleading, even though the consumer subsequently becomes aware of the true facts,
both the law and this Guidance are violated.
The marketing of credit reports may be subject to various legal and regulatory requirements, including, without limitation, the requirements contained in
the Final Rule issued by the FTC at 16 C.F.R. Section 610 and Section 205(a) of the CARD Act. You acknowledge and will take appropriate measures to
ensure that your marketing of credit reports is consistent with all such requirements.
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Product Claims.
You must have evidence to substantiate or back up claims. Avoid misleading statements and overstating claims.
When describing the capability or benefits of specific features, terminology should be factually accurate and reflect a feature’s benefits and limitations.
The consumer should be easily able to understand the terms, conditions and value of the product.
Descriptions of products must not:
promote benefits that are rarely or never actually provided or utilized
omit key terms or explain them in a technical, non-transparent manner
make claims about a product’s impact on one’s future
Disclaimers and Disclosures.
A required disclosure must be clear and conspicuous and is measured by the overall net impression of a reasonable consumer in how it is perceived and
understood within the context of the entire marketing material (such as promotions, advertisements, emails or landing pages). It cannot cure a false claim.
Additionally, a disclosure can only qualify or limit a claim to avoid a misleading impression. If a disclosure provides information that contradicts a material
claim, the disclosure will not be sufficient to prevent the ad from being deceptive. In that situation, the claim itself must be modified. 
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All disclaimers and disclosures must be clear and conspicuous such that consumers are able to notice, read or hear, and understand the information. A
clear and conspicuous disclaimer and disclosure is one that has appropriate presentation, placement, proximity and prominence, with respect to the
relevant or triggering claim. This is especially important in the context of Internet-based advertising and special care must be given in order to recognize
and respond to any technological limitations or unique characteristics of high-tech methods of making disclosures, such as frames or pop-ups.
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The disclaimers and disclosures should be presented in an easy to understand format that does not contradict other information. The disclaimers
and disclosures should be presented at a time when the consumer’s attention is not distracted elsewhere.
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The disclaimers and disclosures should be placed in a location where consumers can be expected to look or hear, as close as possible to the
triggering claim. Design advertisements so that “scrolling” is not necessary in order to find a disclosure. When scrolling is necessary, use text or
visual cues to encourage consumers to scroll to view the disclosure. Repeat disclosures, as needed, on lengthy websites and in connection with
repeated claims. Disclosures may also have to be repeated if consumers have multiple routes through a website.
Disclosure must be made before the consumer “call to action” (e.g. consumer takes initial action such as pressing a
“Sign Up Now”, “Buy Now”, “See More Now”, “Learn More”, etc.) and/or the first link taking the consumer to another page, and always provided
before the consumer makes the decision to buy.
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