Answer:
226.5(a) has some guidance on what is "clear and conspicuous".
Section 226.5(a) Credit and charge card applications and solicitations.
1. Clear and conspicuous standard. For purposes of Section 226.5(a) disclosures, clear and conspicuous means in a reasonably understandable form and readily noticeable to the consumer. As to type size, disclosures in 12point type are deemed to be readily noticeable for purposes of Section 226.5(a). Disclosures printed in less than 12point type do not automatically violate the standard; however, disclosures in less than 8point type would likely be too small to satisfy the standard. Disclosures that are transmitted by electronic communication are judged for purposes of the clear and conspicuous standard based on the form in which they are provided even though they may be viewed by the consumer in a different form.
While not specifically addressed in 226.9, this may be the best guidance available.
First published on BankersOnline.com 05/5/03
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