VitalSource "Lifetime" false advertising: Difference between revisions

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*Products marketed with "lifetime" access remain under licensing restrictions

*Access can be revoked or limited based on platform support & device compatibility

*Downloads are contingent on maintaining "supported device" status

*Downloads are contingent on maintaining "supported device" status, a term that they do not clearly define, only indicating it means "the two most recent versions of an operating system" but not identifying on which devices, apps or operating systems downloads of a title are supported.

==Regulatory Response==

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California's AB 2426<ref>https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240AB2426</ref>, effective January 1, 2025, addresses this type of false advertising by requiring companies to:<ref name="ab2426" />

*Explicitly disclose when digital goods are licensed rather than owned

*Clearly communicate access limitations & conditions

*Clearly and conspicuously<ref>Bill definition: (1) “Clear and conspicuous” means in a manner that clearly calls attention to the language, such as in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks.</ref> communicate access limitations & conditions

*Obtain affirmative acknowledgment from consumers regarding license terms

==Current Status==

As of January 2025, VitalSource has updated their disclosure documentation '''but continues to use the term "lifetime" in their marketing, with the 5-year definition disclosed in their terms of service and support documentation'''.<ref name="vitalsource" /> Even though they have complied with the regulation, consumers still must dig further to learn that what is marketed as "lifetime" is anything but.

As of January 2025, VitalSource has updated their disclosure documentation '''but continues to use the term "lifetime" in their marketing, with the 5-year definition disclosed in their terms of service and support documentation'''.<ref name="vitalsource" /> Even though they claim to have complied with the regulation, consumers still must dig further to learn that what is marketed as "lifetime" is anything but. When "180 days" and "1 year" options are chosen, the site clearly and conspicuously displays an ''Expires on: <date, e.g. Jul 5, 2026>'' message on the main webshop page, pushing shoppers to the higher priced "Lifetime" option. When "Lifetime" is selected, that is not replaced with another date (e.g. 5 seconds or 5 years out); instead it is hidden, which is deceptive, the opposite of clear and conspicuous. The "eTextbook License" text is not larger or contrasting, and is marked with only a single ℹ︎ symbol.

==References==

@@ Line 32: / Line 32: @@
 *Products marketed with "lifetime" access remain under licensing restrictions
 *Access can be revoked or limited based on platform support & device compatibility
-*Downloads are contingent on maintaining "supported device" status
+*Downloads are contingent on maintaining "supported device" status, a term that they do not clearly define, only indicating it means "the two most recent versions of an operating system" but not identifying on which devices, apps or operating systems downloads of a  title are supported.
 ==Regulatory Response==
@@ Line 38: / Line 38: @@
 California's AB 2426<ref>https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240AB2426</ref>, effective January 1, 2025,  addresses this type of false advertising by requiring companies to:<ref name="ab2426" />
 *Explicitly disclose when digital goods are licensed rather than owned
-*Clearly communicate access limitations & conditions
+*Clearly and conspicuously<ref>Bill definition: (1) “Clear and conspicuous” means in a manner that clearly calls attention to the language, such as in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks.</ref> communicate access limitations & conditions
 *Obtain affirmative acknowledgment from consumers regarding license terms
 ==Current Status==
-As of January 2025, VitalSource has updated their disclosure documentation '''but continues to use the term "lifetime" in their marketing, with the 5-year definition disclosed in their terms of service and support documentation'''.<ref name="vitalsource" /> Even though they have complied with the regulation, consumers still must dig further to learn that what is marketed as "lifetime" is anything but.
+As of January 2025, VitalSource has updated their disclosure documentation '''but continues to use the term "lifetime" in their marketing, with the 5-year definition disclosed in their terms of service and support documentation'''.<ref name="vitalsource" /> Even though they claim to have complied with the regulation, consumers still must dig further to learn that what is marketed as "lifetime" is anything but.  When "180 days" and "1 year" options are chosen, the site clearly and conspicuously displays an ''Expires on: <date, e.g. Jul 5, 2026>'' message on the main webshop page, pushing shoppers to the higher priced "Lifetime" option. When "Lifetime" is selected, that is not replaced with another date (e.g. 5 seconds or 5 years out); instead it is hidden, which is deceptive, the opposite of clear and conspicuous. The "eTextbook License" text is not larger or contrasting, and is marked with only a single ℹ︎ symbol.
 ==References==