The Georgia Supreme Court made an interesting statement in footnote 5 of its recent opinion in Raysoni v. Payless Auto Deals, LLC, No. S13G1826, slip op. at 6 n.5 (Ga. Nov. 17, 2014), a case involving allegedly fraudulent claims made during the sale of a used automobile. In the footnote, the court stated:

No one should make the mistake of thinking, however, that capitalization always and necessarily renders the capitalized language conspicuous and prominent. In this case, the entirety of the fine print appears in capital letters, all in a relatively small font, rendering it difficult for the author of this opinion, among others, to read it. Moreover, the capitalized disclaimers are mixed with a hodgepodge of other seemingly unrelated, boilerplate contractual provisions — provisions about, for instance, a daily storage fee and a restocking charge for returned vehicles — all of which are capitalized and in the same small font.

1. Be judicious about what you put in all-caps.

2. Don't use too-small a font for language that you want to be conspicuous.

So how small is too-small? Or in other words, how small was the ALL-CAPS font in Raysoni? The plaintiff's attorneys estimated that it was 5.6 points.