Klarna Docs - Advertising legal guidelines - United States
Advertising legal guidelines - United States

Ensure your Klarna advertisements are clear, compliant, and legally sound by following essential guidelines for transparency and consumer protection.

For Klarna’s US specific Terms and Conditions, and legal agreements please visit:

Keep it simple.

Don’t lose a customer because the payment instructions were too complicated, but do make it clear what you are offering.

Stand out for the right reason.

Highlight the payment option you offer, but be sure to be clear, fair and not misleading.

Be sensitive to the situation.

Consider what is going with your customers and in the wider market as a whole. Use this knowledge to decide how you promote and market Klarna in all your channels. One message does not fit all circumstances.

Don't encourage debt.

Do not encourage shoppers to spend outside of their means. Using phrases such as ‘strapped for cash?’, ‘don’t wait until payday’ or ‘broke AF’ are unacceptable and irresponsible. You have an obligation to ensure your customers stay financially healthy.

Make sure your ads are socially responsible to consumers and society.

Offers or benefits should not be linked to credit marketing which are likely to make the credit offer attractive.

Klarna may review and monitor your advertising and marketing of Klarna's products and services, including through automated means, to ensure your marketing complies with applicable laws, rules, and regulations.

These guidelines are meant to provide details so that you can use pre-approved assets, provided disclosures easily, and so that you have a high level overview of important guideposts when you are advertising Klarna's financial products in the US.

YOU ARE LEGALLY RESPONSIBLE FOR THE CONTENT OF ADVERTISING THAT YOU CREATE.

THESE GUIDELINES DO NOT CONSTITUTE LEGAL ADVICE. PLEASE CONFER WITH YOUR INDEPENDENT LEGAL COUNSEL FOR ANY LEGAL ADVICE ON THE COMPLIANCE OF YOUR ADVERTISING.

When advertising financial products, it is important that you make the right disclosures so that consumers can easily understand what is being advertised. You MUST include the disclosure. It MUST be easy for consumers to see. If you cannot put the disclosure directly next to the messaging, it must be on the same page using a reference text or reference symbol, or one click away using a hyperlink. Disclosures inform customers of actually available terms, they must be clear and conspicuous, they must be legible—no one should have to squint to read them: 8 pt. font size minimum is usually sufficient and contrast text with background color for full visibility.

What if there is no space for a disclosure?

If disclosures are separate from the messaging they modify, you need to connect the messaging and the disclosure together with one of the following:

  • Hyperlink: Learn more.
  • Reference text: See footer for details.
  • Reference Symbol or footnote: (e.g., *,†, 1) If using a reference symbol or footnote, the claim ends with the reference symbol and the disclosure begins with the same reference symbol. See www.klarna.com for examples.

For information on what disclosures you need to use and when to use them:

If you use social media influencers, bloggers, or other third parties to advertise Klarna and your business, there is more you need to know!

When social media influencers, bloggers, or other individuals receive any type of payment to endorse or otherwise mention a product (called an “endorsement”), they are required to disclose the existence of the relationship on the post where the endorsement was made. The Federal Trade Commission (FTC) has released a guide you can share with bloggers that explain in plain language when and where they need to make disclosures here. There is also more information available to social media influencers and bloggers here.

When social media influencers and bloggers endorse Klarna’s products, they are endorsing a financial product. Therefore, they need to do two things.

  • First, they need to disclose their relationship with you and Klarna. There are many ways to do that, but the FTC has provided easy-to-understand guidelines that you can share with your social media influencers here.
  • Second, they need to include required disclosures on their post or provide a link to more details so that the required disclosures related to the advertising are only one click away from the post.

You should always have a Klarna FAQ educational page on your site. This page will educate your customers about Klarna’s products and will include required disclosures. Your Klarna educational page can be automatically generated using Klarna’s On-Site Messaging.

In addition to what we have covered so far, your advertising must also follow all of the laws that apply to financial advertising and advertising generally. This section summarizes key laws and regulations.

A. Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)

Unfair, deceptive, or abusive acts and practices can cause significant financial injury to consumers, erode consumer confidence, and undermine the financial marketplace. UDAAP was established to prevent consumer harm by misleading or deceitful actions. There are both federal and state UDAAP laws and regulations.

What you need to do.

  • Include all relevant information.
  • Be clear.
  • Be easy to understand.
  • Don’t create a false sense of urgency (e.g., Act Now!)
  • Don’t encourage debt.
  • Be honest.

What else you need to know.

  • Disclosures don’t eliminate UDAAP risk - disclosures provide additional context. They do not negate misrepresentations, omissions, or other deceptive statements.
  • Substantiate your claims - You have to have a factual basis underlying statements about any product.
  • You have to honor promotions & rebates - All promotions offered must be honored, including any “risk free” trials, 0% APR financing, or money back guarantees.

B. Fair lending

Fair lending applies to the entire lifecycle of a loan, including advertisement of the credit product. The Equal Credit Opportunity Act (ECOA) is a law that requires credit products, like those offered by Klarna, to be advertised fairly to everyone.

  • Avoid discouraging individuals from applying.
  • Retailers cannot impose additional application requirements to the Klarna application process.
  • Target a broad demographic and do not exclude consumers based on protected demographic parameters.
  • While a retailer may be inherently attractive to a particular demographic, the retailer should avoid targeting advertising that references or includes Klarna's products on a prohibited basis.

    • Prohibited bases include race, color, religion, national origin sex/gender identity, marital status, age (provided the applicant has the capacity to contract), and income dependency on a public assistance program.

C. CAN-SPAM Act

The CAN-SPAM Act covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. CAN-SPAM includes business-to-business email. The Federal Trade Commission has provided the below guidance to comply with CAN-SPAM:

  • Don’t use false or misleading header information. Your “From,” “To,” “Reply to,” and routing information—including the originating domain name and email address—must be accurate and identify the person or business who initiated the message.
  • Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
  • Identify the message as an ad. You must disclose clearly and conspicuously that your message is an advertisement.
  • Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
  • Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
  • Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
  • Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

D. Guidance for phone calls or text messages.

Do not advertise Klarna's products via telephone or text unless you have first received approval from Klarna to do so.

If you advertise using phone calls or text messages, then you are subject to the Telephone Consumer Protection Act (TCPA) and the requirements of carriers. These laws and rules require prior express written consent to send advertising via (a) calls to traditional home, business, or wireless phones or (b) texts to wireless numbers, among numerous other requirements. For example, you may not contact anyone on the national do not call registry.

The TCPA and carrier requirements are complex, and violating them comes with the potential for lawsuits and fines. You should obtain the advice of your own lawyers before sending advertising via telephone or text.

Do not use the following terms:

  • “No fees” or similar
  • No credit checks/Application
  • Free” or similar
  • If coupons/discounts/rewards are offered, they should be redeemable across all tender types, including Klarna.
  • Avoid “no money down” deferral messages when advertising Klarna as a financing option. Depending on eligibility criteria, certain customers may be asked to make a down payment at checkout.

If you are ever in doubt, contact Klarna.