Internet

Nothing is more popular these days with young people than “texting” — sending a text message via a cellphone. Capitalizing on this trend, most reality shows on television have built in this kind of interactivity into their programs. American Idol popularized “text voting” for your favorite singer,  and millions of people participated for free (except for whatever usual charge your cell company imposes for sending a text message — typically 10 cents).

Other reality shows have jumped on the bandwagon, but have turned texting into a money making machine for the networks and the program. Take CBS’ Big Brother, for example. The ad above has been running on each episode of the show over the past couple of months, inviting people to text the word “FAN” to 99888. Those who do are promised pictures of the cast, ringtones, and alerts about the show. Does being a “fan” cost anything?

*MOUSE PRINT: “$5.99 per month subscription fee billed through your wireless phone bill.”

There is no oral disclosure of the price during the commercial, and as you can see, even magnified, the mouse print price disclosure is almost unreadable. CBS does notify you when you make the call that there is a charge, but funny how clear disclosure is missing from the ad itself.

Had CBS been using a 900 number as the means of triggering this information service, federal law would have required oral price disclosure in the commercial. But, the 900 number rules were written before the advent of pay-per-call services triggered by text messaging, and thus CBS’ non-oral-disclosure falls through the cracks.

In addition to the “FAN” commercial, Big Brother also supers on the screen this other invitation to part with $5.99 a month, twice during each show. There is no price disclosure oral or written, but viewers are invited to go to the Internet “for terms.”

Though the net is widespread, not everyone has access to it, and while some people mulitask, most folks watching television are not sitting in front of their computers at the same time. Thus, disclosure of the price is again masked.

If the networks can’t make reasonable and clear disclosure of the price of text games and text services, the Federal Trade Commission needs to step in to update its pay per call rules to include this now pervasive form of advertising of pay services.