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Dark Patterns

144 published works

  1. Minding Your Business

    Amazon: The Prime Target in FTC Crackdown

    By Portia Proctor

    On October 18, 2023, Amazon filed a motion to dismiss the Federal Trade Commission’s lawsuit alleging that the company deceived millions of consumers into nonconsensual Prime membership enrollment and thwarted…

  2. Consumer Finance Monitor

    This week’s podcast episode: Shining a bright light on digital dark patterns

    By Barbara S. Mishkin

    Our special guest is Andrew Nigrinis, PhD, who formerly served as Enforcement Economist for the Consumer Financial Protection Bureau. We first discuss what is meant by “dark patterns” and the…

  3. All About Advertising Law

    FTC Consumer Protection Chief Sam Levine Outlines FTC Priorities at the NAD Conference

    By Leonard L. Gordon

    On September 19, Sam Levine, the director of the Federal Trade Commission's Bureau of Consumer Protection, outlined the agency's priorities at the annual conference of the National Advertising Division. Here…

  4. Consumer Finance Monitor

    This week’s podcast episode: The challenges of using the current law to address “dark patterns,” a conversation with special guest Gregory Dickinson, Assistant Professor, St. Thomas University, Benjamin L. Crump College of Law

    By Barbara S. Mishkin

    After discussing what are “dark patterns” and the most common forms they can take, we consider whether and how “dark patterns” used to influence consumers’ online behavior differ from traditional…

  5. WilmerHale Privacy and Cybersecurity Law

    FTC Announces Enforcement Action Against Publishers Clearing House for Use of Dark Patterns and CAN-SPAM Violations

    By WilmerHale Privacy and Cybersecurity Lawyers

    On June 27, the Federal Trade Commission announced an enforcement action against Publishers Clearing House in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a range…

  6. Consumer Finance Monitor

    FTC settles lawsuit against Publishers Clearing House involving alleged use of “dark patterns”; Ballard Spahr to hold Aug. 16 webinar

    By Alan S. Kaplinsky

    Less than a week after announcing that it had filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program, the…

  7. Ad Law Access

    FTC Targets Publishers Clearing House “Dark Patterns” in Sweeping Order

    By Ioana Gorecki, Gonzalo E. Mon

    Yesterday, the FTC announced an $18.5 million settlement with Publishers Clearing House (PCH), a marketing company known for using sweepstakes to sell magazine subscriptions. In its 52-page complaint, the FTC…

  8. Consumer Finance Monitor

    FTC action against Amazon targets alleged use of digital dark patterns as unfair to consumers; Ballard Spahr to hold Aug. 16 webinar

    By Michael Gordon, Alan S. Kaplinsky

    Last week, the FTC filed a civil case against Amazon alleging that the company used “dark patterns” to enroll people in its Prime program. The case continues a pattern initiated…

  9. Privacy World

    Uncloaking Dark Patterns: Identifying, Avoiding, and Minimizing Legal Risk

    By Squire Patton Boggs

    Squire Patton Boggs’ Kyle R. Dull and Julia B. Jacobson recently authored an article published by Competition Policy International in the CPI TechREG Chronical, that details “dark patterns,” which are…

  10. Global Policy Watch

    Italian Garante Fines Digital Marketing Company Over Use of Dark Patterns

    By Kristof Van Quathem

    On April 17, 2023, the Italian Supervisory Authority (“Garante”) published its decision against a company operating digital marketing services finding several GDPR violations, including the use of so-called “dark-patterns” to obtain users’…