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Fine print

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Fine print in a cellular telephone ad on American television. The print is located at the very bottom of the visible frame. The fine print reads: "Coverage and offer not available everywhere. Call for locations. Ends 1/10/09. Excludes taxes and service plan charges. May require two-year agreement, up to $36 activation fee, up to $200 early termination fee, credit approval and deposit. Additional terms and restrictions apply."

Fine 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 [1]. The larger print that is used in conjunction with fine print is generally[citation needed] ingenuously used by the merchant to, in effect, deceive the consumer into believing the offer is more advantageous than it really is, via 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.

Fine print often says the opposite of what the larger print says.[citation needed] For example, if the larger print says "pre-approved" the fine print will say "subject to approval."[citation needed] 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).

The use of fine print has become a standard method of advertising in certain industries, particularly those selling a higher-priced product or service, or a specialty item not found on the mainstream market.[citation needed] The practice, for example, can be used to mislead the consumer in reference to an item's price, its value, or the nutritional content of a food product.[citation needed]

Industries often using fine print

The following industries are known to frequently use varying sizes of print in marketing their products or services:[citation needed]

In price deception

In product value deception

  • Diet products

Controversial aspects

Fine print is controversial because of its deceptive nature. Its purpose is to make the consumer believe that the offer is really great.[citation needed] 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.[citation needed] 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.

Many offers, advertised in large print, only apply when certain conditions are met. In many cases[which?], these conditions are difficult or nearly impossible to meet.

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 or no advance notice. This controversial practice is often seen in the banking and insurance industries.[citation needed]

In some cases, the seller who uses this technique will engage in the practice of bait and switch. The customer will be told when ready to purchase that for one reason or another, they won't be eligible for the advertised offer, and will be coerced into one that is higher priced (see Hard sell). Reasons they be told may include his/her age, 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. Often when this occurs, the limitations that render him/her ineligible will apply to an overwhelming majority of consumers.

Very frequently[citation needed], consumers, eager to obtain a product or service they have the dire need or wish for, or else that they have been coerced into obtaining, will sign their names on a binding contract. They consumer will be liable to the terms of the contract, stated only by the fine print, and an exit from these terms may be quite costly or impossible for the consumer.

Some examples of how consumers are deceived are as follows:

  • A credit card, advertised with a 0% rate in large print, will offer this only for an introductory period of a few months. After that, the rate will be something like 19.95%, and may increase even more due to universal default [3].
  • A cell phone contract may require the subscriber to pay various fees that are originally unnoticed. The subscriber is bound to the contract for a specified period of time, and must pay a large amount to be freed. Additionally, the contract will automatically renew if not cancelled within a certain time frame upon its expiration, thereby further lengthening these terms.
  • A trip, frequently a cruise, will advertise in large print that the price is something attractive, such as $399 for seven days. In smaller print below, the words "per person, double occupancy" (often abbreviated) will be present.[citation needed] This alone will double the advertised offer, since even the solo traveler would be required to rent the room for the price of two. The words "as low as" may also be hidden, for this low price applies only to the least attractive of offers. Other fees that will be mandatory for all or most, such as taxes, transportation to the cruise terminal, and activities on and off the ship, will be extra.[citation needed]
  • A car dealership may advertise a car for sale at far below its market value in large print. Above the "final price" in the largest numbers of all, the real price will be listed at the top in small print. Below that will be several deductions, many of which most customers can possibly obtain, such as military membership, or a trade-in. Many of these offers also apply only to a particular model number, and exclude the remainder of the dealer's inventory.[citation needed]
  • Auto repair shops frequently advertise either with coupons or large signs outside their businesses for common maintenance and repair services, such as oil changes, tune-ups, and tires. These ads fail to mention factors that may raise that price, such as fees and add-ons for various services, mechanics telling customers more costly repairs are necessary or else the vehicle may be further damaged, or the price being for each individual part (such as a wheel), where the vehicle has several of that part all needing the service, and thereby multiplying the cost by that number. Many ads will also state in fine print "most cars," but in reality, most cars, including that of the customer seeking the service, will be excluded.[citation needed]
  • Warranties: The warranties for many products, such as automobiles, are offered or sold with the promise that they will cover a large number of scenarios, should they occur, and often routine maintenance. But they are accompanied by fine print to exclude virtually all repairs that will likely be needed. The coverage for some routine maintenance may also be a lure in which the service center will intentionally damage the vehicle, unknown to its owner, thereby forcing the owner to return for additional costly repairs in the future.[citation needed]
  • Rebates: Many products are advertised with a price printed in large numbers. However, a higher price is printed above in much smaller numbers, and the large-print price is only given after a rebate. Initially, the customer must first pay the high price. In order for the rebate to be redeemed, the customer must then follow a set of instructions. In some cases, meeting all the requirements necessary in order to obtain the rebate may be difficult, and as a result, many rebates are denied.[citation needed]

Use of fine print in lower-priced items

More often than not[citation needed], large print paired with fine print is used to promote big-ticket purchases, making the consumer believe at first impression they will be paying far less than they actually do. But various forms of this technique are used in the promotion of low-priced goods. In many cases, they do not deceive the consumer in the price that they are paying, but in some other attribute about the product, such as its nutritional content.

Some examples are:

  • An item may say on its cover REDUCED FAT. But in reality, it has less fat than the standard version, but it still has more than half that amount, along with most of the calories. This makes the unsuspecting consumer believe that s/he can eat seemingly unlimited amounts of this dietary product with no harmful consequences.[citation needed]
  • Buzz words: Some key words found on covers may attract the consumer to purchasing the product for a higher price than the standard or a generic version. But there are no proven benefits to the premium edition. Some buzz words may include lite (with only a lighter color in appearance), antibacterial (with no more protection against germs), or organic(with no advantage to eating organic food of that type).
  • SALE: A store may place tags on items, or signage outside the location stating something like 75% OFF. But the price that the 75% discount is based on is hidden from the consumer or made very difficult to see, and in reality, the discount is very little off the market rate. In some cases, the final price may be higher than a comparable item can be found elsewhere.

Fine print on the air

A common practice has been to use fine print in advertising on television. In such a case, the fine print is displayed at the bottom of the screen in a manner where it is not noticeable to many viewers. The attention is drawn away from this little section by the more catchy center of the advertising theme[clarification needed], which alone is untrue.

Verbal fine print

Some TV and radio commercials are concluded with "fast talking", which is barely audible or comprehensible to most. While it is this very message that states all necessary disclaimers and exceptions to the advertisement, it is stated too fast for the viewer or listener to hear. This is often coupled with pleasant background music and positive images, which in turn neutralize the effect of the fine print.[citation needed]

Fighting fine print

With proper education, consumers can be warned to read the fine print and to see the red flags on an offer that is too good to be true, even and especially when it is the widespread industry practice[citation needed].

Many consumer advocates are active in lobbying for laws to limit the rights of an advertiser to use fine print to hide the truth, and to expand rights to consumers who fall victim to fine print. Due to free speech that is granted to advertisers, passing such laws in the United States has proven to be difficult. Many such laws[which?] that have successfully been passed have ultimately been overturned by the U.S. Supreme Court. See also Corporate personhood debate.

Credit Cards

Credit card issuers are among the largest of those who have won the fine print battle against the consumer. Consumer advocates[who?] have widely criticized the credit card industry for its increasing ruthlessness in its practices, which allow the banks seemingly unlimited rights to charge whatever fees they wish, to rewrite the terms and conditions faced by the consumer at will, and to not be challenged by the consumer in their practices. The consumer who initially obtained the card was inevitably drawn by the large print, which was accompanied by pages of fine print few are likely to read in full or to understand. During the 1990s, two laws against such practices were overturned by the U.S. Supreme Court,[citation needed] and these rulings are said[who?] to have opened the floodgates for even more ruthless practices.

Rebates

Several states[which?] have considered laws that would require retailers to provide advertised rebates to customers at the time of the purchase with no strings attached.[citation needed] These laws have been widely opposed by corporations,[who?] and are yet to have passed in any states.

See also

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