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RULE §22.6Notice Requirements

Any notice required by this subchapter must comply with the following standards.

  (1) Designed to call attention. A covered entity designs its notice to call attention to the nature and significance of the information in it, if:

    (A) with regard to all notices, the covered entity:

      (i) uses a plain-language heading to call attention to the notice;

      (ii) uses a typeface and type size that are easy to read;

      (iii) provides wide margins and ample line spacing;

      (iv) uses boldface or italics for key words; and

      (v) uses distinctive type size, style, and graphic devices, such as shading or sidebars, when the covered entity combines its notice in a form with other information, in order to emphasize the privacy component of the form.

    (B) on a notice on a Web page, the covered entity uses text or visual cues to encourage scrolling down the page if necessary to view the entire notice and to ensure that other elements on the Web site (such as text, graphics, hyperlinks or sound) do not distract attention from the notice, and the covered entity either:

      (i) places the notice on a screen that consumers frequently access, such as a page on which transactions are conducted; or

      (ii) places a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature and relevance of the notice.

  (2) Reasonably understandable. A covered entity makes its notice reasonably understandable if it:

    (A) presents the information in the notice in clear, concise sentences, paragraphs, and sections;

    (B) uses short explanatory sentences or bullet lists whenever possible;

    (C) uses definite, concrete, everyday words and active voice whenever possible;

    (D) avoids multiple negatives;

    (E) avoids legal and highly technical business terminology whenever possible; and

    (F) avoids explanations that are imprecise and readily subject to different interpretations.

Source Note: The provisions of this §22.6 adopted to be effective December 17, 2001, 26 TexReg 10316

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