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Dark Patterns

144 published works

  1. Ad Law Access

    Dark Patterns: A New Legal Standard or Just a Catchy Name? (Part One)

    By Paul Singer, Jessica Rich

    State and federal regulators have definitely put a new emphasis on combatting so-called “dark patterns” – a term attributed in 2010 to user-experience expert Harry Brignull, who runs the website…

  2. Privacy Zone

    Google Accused of Using “Dark Patterns” to Track Users Who Did Not Want to Be Tracked

    By Jenny L. Colgate

    On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” According to the article, computer-science researchers at Princeton confirmed findings that “many…

  3. Consumer Protection Review

    FTC Issues Enforcement Statement on Recurring Subscription Programs and Dark Patterns

    By Amanda Beane, Jason Howell, Caitlin Hoeberlein

    Key Takeaways: The FTC’s new Enforcement Policy Statement provides a roadmap for how the FTC may enforce against allegedly unfair and deceptive practices related to automatically recurring subscriptions. The Enforcement…

  4. Consumer Protection Connection

    FTC Takes Aim at Negative Option Marketing with New Enforcement Policy Statement

    By Sheila Millar, Tracy Marshall

    “Dark patterns” – user interfaces that are designed, intentionally or unintentionally, to influence user decision making – have been increasingly on the Federal Trade Commission’s (FTC or Commission) radar. As…

  5. 99 Park Row

    Tricking consumers into subscribing and trapping them is now illegal, FTC says

    By Michelle Newblom

    Retention is important, sure, but how significant are those numbers if you're misleading your audience into subscribing and making it unnecessarily difficult to cancel? Allowing someone to easily subscribe on…

  6. ILN IP Insider

    FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”

    By Joseph J. Lewczak of Davis+Gilbert LLP, Paavana L. Kumar of Davis+Gilbert LLP, Alexa Meera Singh of Davis+Gilbert LLP

    The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using…

  7. Eye On Privacy

    FTC To Focus Enforcement Efforts on Dark Patterns

    By Liisa Thomas, Harrison Schafer

    The Federal Trade Commission recently issued a new enforcement policy statement about “dark patterns:” programs that attempt to “trap” consumers into service contracts. These programs usually take the form of…

  8. Retail Trend Spotter

    FTC to Increase Enforcement Against “Dark Patterns” Directed at Consumers

    By Moorari Shah, A.J. Dhaliwal

    On October 28, the FTC issued a new enforcement policy statement warning companies against deploying “illegal dark patterns” that trick or trap consumers into subscription services, and often making websites difficult to…

  9. Consumer Finance and Fintech Blog

    FTC to Increase Enforcement Against “Dark Patterns” Directed at Consumers

    By Moorari Shah, A.J. Dhaliwal

    On October 28, the FTC issued a new enforcement policy statement warning companies against deploying “illegal dark patterns” that trick or trap consumers into subscription services, and often making websites difficult to…

  10. Privacy & Information Security Law Blog

    New FTC Policy Statement Targets Dark Patterns

    By Hunton Andrews Kurth LLP

    On October 28, 2021, the Federal Trade Commission announced the issuance of a new enforcement policy statement warning companies against using dark patterns that trick consumers into subscribing for services.…