What is “clear and conspicuous” compliance language?

\"Clear and conspicuous\" is the legal standard for disclosures: information must be presented so that an ordinary person would notice and understand it. \"Clear\" means plain language, not jargon or legalese. If ua typical reader wouldn't understand what you're saying, it's not clear. \"Conspicuous\" means visually prominent, not hidden. If ua typical reader wouldn't notice it, it's not conspicuous.

Factors that undermine conspicuousness: tiny font size (below 10px makes text effectively invisible), low color contrast (gray text on slightly lighter gray), placement requiring scrolling when important for decision-making, burying in walls of text that discourage reading, and using technical terms ordinary people don't understand. Regulators evaluate whether disclosures function in practice, not just whether they technically exist.

Test your disclosures with the \"reasonable person\" standard: would someone scanning the email notice this information? Would they understand what it means? Would they have it before making the decision it's relevant to? If any answer is no, the disclosure isn't meeting the standard. Designing disclosures to technically exist while practically remaining invisible is exactly the pattern regulators penalize-courts see through form-over-substance compliance.