Is "Fine Print" on Televised Commercials a Violation of the ADA?

I hope GQ is the appropriate forum for this query…

When they show commercials for offers that are given verbally and there’s a ton of fine print that isn’t read at all (and that sometimes contradicts the oral message), isn’t it a violation of the ADA? How would a blind person have any idea what they’d just heard was misleading? I was thinking of automobile commercials in particular. Although I suppose not a lot of blind people are buying cars.

Well, I don’t know what, if anything, the ADA (Americans with Disabilities Act) would have to say on the matter, but the Federal Trade Commision (FTC)'s black letter law is pretty clear on the matter.

In general, advertisements are evaluated based on the overall net impression conveyed by the advertisement. Disclosures concerning cost, health or safety, and product performance tend to be under a greater degree of scrutiny by the FTC. Advertisements are evaluated based on a “clear and conspicuous” standard. The requirements that comprise that standard are set out in FTC business guidance materials, as well as FTC case law and consent agreements. They can be summarized in thefollowing manner:
[ul][li]Prominence: The disclosure must be big enough for consumers to notice and read;[/li][li]Presentation: The wording and format must be easy for consumers to understand;[/li][li]Placement: The disclosure must be in a place where consumers will look; and[/li][li]Proximity: The disclosure must be near the claim it qualifies.[/ul][/li][I got this information from [this site](http://www.arentfox.com/PDFs/alert2001-06-01kaminski.pdf)]
The thing is, according to these standards, most advertisements on TV would be in violation of FTC regulations. Even if you’re not blind, it’s nearly impossible to read the paragraphs of fine print that flash on the screen for a few seconds at the end of these ads.

I think a better question (and one that I asked here awhile back) is why these ads are permissible under FTC regs in the first place.

Barry

Since television is a visual medium, I can’t imagine why it would need to conform to ADA. In fact, where is it legislated that any medium must conform to ADA?

I was thinking of the airwaves as being public property. I thought TV was an audio as well as visual medium. Since closed captioning is becoming pretty common, I wondered if accommodations weren’t mandated for other disabilities.

How about TV in general. I mean, what do they do for blind people. Or radio…are they discriminating against the deaf? Just think of everyone who descriminates agains deaf and blind people:authors, TV, radio, billboards…

The ADA isn’t just for blind and wheelchair bound people, but for people of ALL disabilities, including those who have a hard time reading fine print flashing at them in 1/2 a second.