Content = Communication: What is Plain Language and Why Should You Care?

What is Plain Language and Why Should We Care?

What is Plain Language and Why Should We Care?

Content Strategy Applied Conference

October 17-18, 2013

Deborah S. Bosley, Ph.D.Owner and Principal | The Plain Language Group

[email protected]

Permission from TPLG needed to use any material in this presentation.

mailto:[email protected]

Real life Dilberts• What I need is a list of unknown problemswe are likely to encounter. Lykes Shipping

• Email is not to be used to pass on data or information, only company business. Electric Boat Co.

• We know that communication is a problem, but the company is not going to discuss it with the employees. AT&T

2

What have smart people said?What have smart people said?

• “Make everything as simple as possible but not simpler.”

• “If you can’t explain it, you don’t understand it.”



The golden rule of communication

• communicate unto others

• as they would communicate unto themselves

The golden rule of communicationThe golden rule of communication


• "…words and data to create unambiguous content that supports meaningful, interactive experiences.” -- Rachel Lovinger

• Make content that’s relevant to people by choosing words and sentence structures to best meet communication goals. – Rachel Lovinger

• “Content is a‘verb,’not a noun.” --- Deborah S. Bosley

Here’s where we’re goingHere’s where we’re going

1. What are the problems?2. What is plain language?3. How do we know it works?4. What laws require its use?5. Why is plain language

important to content strategy?

1. What are the emotional problems?1. What are the emotional problems?

• angry public• consumer fatigue• frustration• choices available• lack of trust

1.

What

are the

emotional

problems?

1.

What

are the

emotional

problems?

Terms of Service update

We are updating the Google Terms of Service. The new Terms will go live on November 11, 2013 and you can read them here. Because many of you are allergic to legalese, here’s a plain English summary for your convenience. We’ve made three changes:

First, clarifying how your Profile name and photo might appear in Google products (including in reviews, advertising and other commercial contexts). You can control whether your image and name appear in ads via the Shared Endorsements setting.

1. What are the disclosure problems?1. What are the disclosure problems?

• regulations and laws• cell phone bills• financial statements• insurance policies• internet | software agreements• internal policies (privacy, benefits)• mortgage contracts• credit card statements

• Whatever the form, words, or experience, it’s all branding.

1. What are the communication problems?1. What are the communication problems?

• Disclosure ≠ communication• Facts and accuracy ≠ understanding• Information ≠ communication

1. What are the trust problems?1. What are the trust problems?

Trust in business dropped

below 50% in U.S.

1. What are the document problems?1. What are the document problems?

Most transactional documents• have sentences that are too long (40+)• have dense, uninviting paragraphs• lack specific details about steps | processes• are wordy and use too much jargon• sound like legalese or computer-speak or artificial• lack sufficient headings and lists• are illogically organized• lack design that aids readability | skim-ability• need tables, graphs, visuals• include incomplete information (usually lacking “how?”)• contain inconsistent information•

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1. What are the website problems?1. What are the website problems?

Some websites

• do not get to the point• are wordy; too much jargon• sound like computer-speak• have dense paragraphs• lack design that aids readability• need more visuals to convey information• give too much information

15

plain language and legaleseThe language of regulationsThe language of regulations

plain language and legalese

1. What are the print vs web problems?1. What are the print vs web problems?

Blogs Use More Complex Language Than Old Media by Haris Krijestorac June 4, 2010

• decide in 5 seconds (or less);

• .5 seconds on website

• read 28% slower online

• use sites as reference

• read “just in time”

• interpret and create meaning

• explain to others

• phone for clarification

1. What are the people problems?1. What are the people problems?

1. What are the reading problems?1. What are the reading problems?

The Law of Least Effort

2002 Nobel Prize in Economic Sciences

1. What are the legal language problems?1. What are the legal language problems?

• “Too many lawyers believe [that] it is essential to legal English that one write as pompously as possible, using words and phrases that have long since disappeared from normal English discourse.” Hon. Antonin Scalia, U.S. Supreme Court

• “Attorneys are not usually required to useregulatory language. Such language usually indicates what information must be included In a disclosure, but not how it must be stated.”Joseph Kimble,

columnist for Michigan Bar Journal, legal professor at Thomas Cooley School of Law

• Does your content solve your customers' problems? • Does content match your audience's expectations?• Have you determined the purpose of your site?• Do you know your target audience?• Why would anybody visit my site a second or third time?• Is the content technically correct?• Do customers need the content? • Is the content current and updated frequently?• Can people find the content they're looking for?

• What’s missing?• Can customers understand the content?

1. What are the content advice problems?1. What are the content advice problems?

BeforeBefore

Provision in fee agreementClients understand that any estimates provided be the Firm of the magnitude of the expenses that will be required at certain stages of any litigation asserting a cause of action are not precise, and that the kinds and amounts of expenses required are ultimately a function of many conditions over which the Firm has little or no control, particularly the extent to which the opposition files pretrial motions and engages in its own discovery requests, whether in the nature of interrogatories, depositions, requests for production, or requests for admission, or any other type of discovery allowed by the rules of procedures in the forum in which the dispute is pending. (110 words; 49th grade level)

AfterAfter

Provision in fee agreement

A firm’s estimate are just that: estimates. Conditions outside the firm’s control, especially the other side’s pretrial motions and discovery requests, may raise or lower expenses. (26 words; 12th grade)

Cell Phone Agreement: BEFORECell Phone Agreement: BEFORE

This Wireless Customer Agreement (this “Agreement”) is between the person or entity (hereinafter referred to as “Customer,” “you” or “your”) that is the customer of record and [Company B, Incorporated] (hereinafter referred to as “Company B,” “we,” “our” or “us”). This Agreement, including the terms of service for wireless products, features, applications and services (“Service(s)”) not otherwise described herein that are posted at www.companyb.com, or devices, and any documents expressly referred to herein or therein, make up the complete agreement between you and Company B and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. This Agreement is binding when Service is activated to your specific telephone number(s) (each, a “Number”). The term “Unit,” “Equipment,” or “Device” means the cellular receiving and transmitting equipment that is programmed with the Number.You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.

BY USING OUR SERVICES YOU ACCEPT ALL TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, INCLUDING OUR USE OF YOUR LOCATION INFORMATION (SEE SECTION 3.6). THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. Grade 16

http://www.companyb.com/

Cell Phone Agreement: AFTER Cell Phone Agreement: AFTER

This Agreement sets out the terms of service for all the wireless products, features, applications and services that Company B provides you. This Agreement begins once we activate your Service and replaces any prior agreements and understandings between you and us.

Please read this Agreement carefully. Sign it only if •You are of legal age in your province. •You have read and clearly understand the terms of this Agreement. If there is anything that you do not understand, please ask your sales representative to explain it to you.•You accept all the terms of this Agreement including

• our use of your location information (see Section 3.6) • how we will resolve disputes (see Section 4.2). Grade 7

1.

What

are the

understanding

problems?

1.

What

are the

understanding

problems?

• 90% couldn’t identify correct amount of up-front fees1

• 63% believe intentional complexity to hide information2

• 75% believe complexity and lack of understanding played significant role in financial crisis3

• 84% more likely to trust companies that use jargon-free language4

1 “Improving Consumer Mortgage Disclosures: An Empirical Assessment of Current and Prototype Disclosure Forms ”: A Bureau of Economics Staff Report (June 2007, FTC)2,3 Siegel and Gale: Clarion Call for Transparency, January 4 Siegel and Gale: Mystery of Federal Agencies, March 2010

1. What are the image problems?1. What are the image problems?

• Study from Stanford University: 71 evaluated writing samples: "moderately complex" to "highly complex”

• As complexity increased, readers’ estimate of author's intelligence declined.1

1 Oppenheimer, D. M. “Consequences of Erudite Vernacular Utilized Irrespective of Necessity: Problems with Using Long Words Needlessly.” Applied Cognitive Psychology. March 2006.

2. What is plain language?2. What is plain language?

• Plain language is the use of proven writing and designing strategies that make it easy for your intended audience to find, understand, and use information.

• Clear | Concise | Credible

• Concepts: behavior, reading process, rhetoric, social constructionism, visual and information processing, linguistics, literacy, user design, and more…

• No user ever complained that information was too easy to understand.

• users with low literacy struggle to complete basic tasks1

• users with high literacy levels also scored better when website language was lower level1

1Angela Colter

Remember...Remember...


1. write for intended audience (readers)2. organize for readers’ needs3. use active voice4. use pronouns5. use positive language 6. be succinct7. avoid jargon: use common words 8. be concrete; avoid ambiguity9. write short sentences | paragraphs10. use headings and lists11. include visuals (tables, figures, photos etc.)12. test document for readability 31

Duh! and Huh?Duh! and Huh?

What do readers really want to know?What do readers really want to know?

• Investigators of the contractor will review the facts in your case and decide the most appropriate course of action. The first step taken with most Medicare health care providers is to reeducate them about Medicare regulations and policies. If the practice continues, the contractor may conduct special audits of the providers medical records. Often, the contractor recovers overpayments to health care providers this way. If there is sufficient evidence to show that the provider is consistently violating Medicare policies, the contractor will document the violations and ask the Office of the Inspector General to prosecute the case. This can lead to expulsion from the Medicare program, civil monetary penalties, and imprisonment.

Medicare: BEFOREMedicare: BEFORE

We will take two steps to look into this matter:

1. We will find out if this situation was

an error or fraud.

2. We will let you know the results in

approximately six weeks.

• More importantly, it answers the reader’s questions.

Medicare: AFTERMedicare: AFTER

Reading easeReading ease

Before After

# words 111.00 34.00# sentences 6.00 3.00Average words per sentence 18.50 11.33Gunning Fog Index (grade) 13.42 6.89Flesch Reading Ease 31.81 80.87 (60 standard)

Why design | visuals so critical:

• 43% likely to be persuaded

• 25 - 40% less time

• 38% better retention

• satisfies two modes of processing information


Text testing is easy:

• test with real users

• interview one-on-one

• use qualitative and quantitative approaches

• revise based on feedback


3. How do we know it works?3. How do we know it works?

• Notre Dame: corporations that use plain language

in shareholders communication increase money investors bring into

their company.1

• U of Nebraska: firms with high corporate reputations use less varied, shorter, and more concrete words than low reputation firms.2

1 Loughran, T. and McDonald, W. Plain English, Working Paper, Mendoza College of Business.2 Gebbart, J. and Lawrence, J. Predicting Firm Reputation Through Content Analysis of Shareholders’ Letters. Corporate Reputation Review. Vol. 11, No. 4, 284-307.

3.

How

do

we

know it

works?

3.

How

do

we

know it

works?

• more likely to to be read • faster to read • easier to comply• strongly preferred • more easily understood • less likely to cause mistakes• caused fewer questions | fewer complaints• decreased some litigation • saved time and money

4. What laws require plain language?4. What laws require plain language?

• CAARD: Credit Card Accountability Responsibility & Disclosure Act of 2009

“clear and conspicuous”

• ERISA: Employee Retirement Income Security Act -- “written in a manner calculated to be

understood by the average plan participant”

• Dodd-Frank: Requires all model disclosures to be written in plain language; validated through testing

• HIPAA: Health Insurance Portability & Accountability Act

Health Insurance Portability and Accountability Act (HIPAA)

Health Insurance Portability and Accountability Act (HIPAA)

“A covered entity can satisfy the plain language requirement if it makes a reasonable effort to

• organize materials for readers • write short sentences in active voice • use “you” and other pronouns • use common words • divide materials into short sections.”

42

4. What laws require plain language?4. What laws require plain language?

• GLB: Gramm-Leach-Bliley Act Financial Privacy Notices

• RESPA: Real Estate Settlement Procedures Act RESPA/TILA integrated disclosures with format using

plain language and highlights important terms.

• NAIC: National Association of Insurance CommissionersTrue readability requires disclosures using plain language that is

designed to facilitate consumer understanding including clear organization and design.

5. Why is plain language important to content strategy?

5. Why is plain language important to content strategy?

• acquire closely related skills• meet compliance requirements • emphasize new branding• make values clear• manage risk • increase satisfaction• affect the bottom line

Resources

Resources

The Plain Language Groupwww.theplainlanguagegroup.com

The Center for Plain Language:http://www.centerforplainlanguage.org

Clarity: promotes plain legal language http://www.clarity-international.net/

Plain Language Association InterNational http://www.plainlanguagenetwork.org/

http://www.theplainlanguagegroup.com/

http://www.centerforplainlanguage.org/

http://www.clarity-international.net/

http://www.plainlanguagenetwork.org/