MINES Newsletter

Source: Federal Trade Commission Printer-friendly version Newsletter back issues   Pay-per-call services cannot be directed to children under 12, unless the service is a "bona fide educational service." Likewise, ads for 900-number services cannot be directed to children under 12, unless the service is a bona fide educational service.

Bona Fide Educational Services

A bona fide educational service provides information or instruction that is related to education, subjects of academic study, or other related areas of school study. Bona fide educational services are narrow exceptions to the prohibition against directing 900-number services to children under 12.

On the other hand, a service that is primarily entertainment-but has an incidental educational component-is not allowed under the exception. For example, some services might offer children the opportunity to talk with, or listen to a message from, a popular cartoon character or TV star. These would not be considered bona fide educational services merely because they include some factual information in the program. A quiz program, inducing children to call and answer questions in order to receive a prize, probably would not be considered a bona fide educational service merely because some of the questions pertain to areas that might be studied in elementary school.

Ads and Services Directed to Children

When TV or radio programs have audiences that are more than 50% children under 12, pay-per-call services cannot place ads during or immediately before or after these shows. Similarly, ads cannot be placed in periodicals or publications if more than 50% of the readers are children under 12.

The composition of the audience or readership will be determined by existing data. If data about the audience does not exist or if it does not show that more than 50% of the audience or readers are under 12, then the Commission will examine various factors to determine whether the ad is directed to children under 12. These factors involve both the content and the placement of the ad.

They include whether the ad is found:

• In a book, magazine, or comic book (or any other kind of publication) that is directed to children under 12;
• During or immediately before or after a TV program directed to children under 12. This could include animated programs and after-school programs;
• On a television station or a cable channel that is directed to children under 12;
• During or immediately before or after a radio program directed to children under 12 or on a radio station that is directed to children under 12;
• On a videotape that is directed to children under 12 or preceding a movie directed to children under 12 that is shown in a movie theater;
• On product packaging directed to children under 12. This includes the packaging of toys that generally are purchased by or for children under 12. It also could include the packaging of certain food products, such as cereals that are eaten primarily by children;
• To be directed to children under 12, based on the ad's content, subject matter, visual effects, age of models, language, characters, and tone. This could include ads using child stars, cartoon characters, or themes that are particularly interesting to young children, such as Santa, the Easter Bunny, and dinosaurs.

The pay-per-call service itself will be considered directed to children under 12 if it is advertised in the manner described above. Also, the Commission will look at the content of the pay-per-call program, whether it uses themes, characters, language, featured personalities, or anything else that is likely to appeal primarily to children.

Directing Ads to Those Under 18

Under the Rule, it is permissible to direct pay-per-call services to children between the ages of 12 and 18. Ads directed primarily to those under 18 must have a disclosure that individuals under 18 need a parent or guardian's permission to call a pay-per-call number.

Presentation of Parental Permission Disclosure

The parental permission disclosure must be made in the following manner in addition to complying with general requirements for all disclosures.

Television and Videotape Ads

Each letter or numeral of the disclosure must be at least one-half the size of the largest 900 number. The video disclosure must remain on the screen for sufficient time to allow viewers to read and understand the message.

There must be at least one audio disclosure given simultaneously with a video disclosure. The audio disclosure is not necessary if the length of the ad is 15 seconds or less and the 900 number is not stated in the audio portion; or if the 900 number or any other information about the pay-per-call service is not presented by audio- that is, the ad is solely video, and any accompanying sound is unrelated to the pay-per-call ad.

Print Ads

Each letter or numeral of the disclosure must be at least one-half the size of the largest 900 number. When one-half the size of the number would be too small to be legible, such as in classified ads, the disclosure must be in a type size that is large enough to be read, perhaps even the same size as the 900 number.

Radio Ads

There are no additional requirements beyond the general requirements for language, volume, and rate of speaking, listed under the general disclosure requirements.

When the Parental Permission Disclosure Is Required

The parental permission disclosure must be in any ad that appears during or immediately before or after a TV or radio program where more than 50% of the audience is under 18. Likewise, ads placed in periodicals or publications where more than 50% of the readers are under 18 must include the disclosure.

If data about the audience does not exist or if it does not show that more than 50% of the audience or readers are under 18, then the Commission will consider various factors to determine whether the ad is directed to individuals under 18. These factors are similar to those identifying an ad directed to children under 12. The factors involve both the content and the placement of the ad.

They include whether the ad is found:

• In a book, magazine, or comic book (or any other kind of publication) that is directed primarily to those under 18;
• During or immediately before or after a TV program directed to those under 18. This could include mid-afternoon weekday TV shows;
• On a television station or a cable channel that is directed primarily to those under 18;
• On a radio station that is directed primarily to those under 18;
• On a videotape that is directed primarily to those under 18, or precedes a movie directed primarily to those under 18 that is shown in a movie theater; and
• To be directed to those under 18, based on the ad's content, the subject matter, visual effects, age of models, language, characters, and tone. This could include ads using a teenage star.

The rule does not require any particular language for this disclosure. However, the ad must clearly convey the message that parental permission is required for anyone under 18 to call the 900 number. A phrase such as "must be 18 to call" would not be sufficient. If you are uncertain whether the disclosure is necessary in a particular ad, it would be sensible to include it.

About MINES & Associates

For over 25 years MINES & Associates has been a nationally recognized business psychology firm that provides a variety of services to corporate employers including employee assistance programs (EAP), managed mental healthcare, organizational development and psychology services, wellness programs, behavioral risk management, disease management, PPO services, and a number of other technology based services. MINES & Associates is divided into two main divisions, Organizational Psychology and Health Psychology, and currently serves a diverse portfolio of clients in all 50 states, Canada, Mexico, and the UK.

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