Topic
Dark Patterns
144 published works
Inside Privacy
Italian Garante Fines Digital Marketing Company Over Use of Dark Patterns
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…
Consumer Finance Monitor
This week’s podcast episode: A primer on “dark patterns,” with special guest Andrew Nigrinis, PhD, Managing Principal, Edgeworth Economics, and former Consumer Financial Protection Bureau enforcement economist
The CFPB and FTC have targeted the use of “dark patterns” on websites to influence consumer behavior. We first discuss what regulators consider to be dark patterns and why they…
Ad Law Access
NAD Finds Dark Patterns in a Rewards Program
For $9.99 per month, Pier 1 offers Pier 1 Rewards, a loyalty program that includes benefits such as a 10% discount on all purchases and free shipping and returns on…
All About Advertising Law
Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement
By Leonard L. Gordon, Shahin O. Rothermel, Liz Clark Rinehart
The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms…
Inside Privacy
The EU Stance on Dark Patterns
By Dan Cooper, Sam Jungyun Choi, Anna Sophia Oberschelp de Meneses
On December 9, 2022, the European Commissioner for Justice and Consumer Protection, Didier Reynders, announced that the European Commission will focus its next 2023 mandate on regulating dark patterns, alongside…
All About Advertising Law
The CFPB Joins the FTC on Negative Option Marketing and Dark Patterns in New Circular
By Leonard L. Gordon, Ellen T. Berge, Shahin O. Rothermel, Ari N. Rothman, Liz Clark Rinehart
When it comes to negative options, the CFPB has strong opinions. As demonstrated in its new circular, these opinions generally align with those of the Federal Trade Commission (FTC), which…
Ad Law Access
Regulators Continue to Focus on “Dark Patterns” in Negative Option Marketing
By Kate White
These days, consumers can obtain everything from newspapers to meal kits to credit monitoring services through subscriptions. The prevalence of these services, and the ease with which consumers can sign…
Consumer Products Law Watch
Over a Fortnite: Epic Games to Pay Record US$520 Million to Settle FTC Claims of Children’s Privacy Violations and Digital Dark Patterns, Which Continued for Years
By: Katie Staba and Desirée Moore The Federal Trade Commission (FTC) has reached its largest administrative settlement to date: US$245 million. The proposed settlement is with Epic Games, Inc. (Epic…
Ad Law Access
Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More
By Jessica Rich
Just in time for the holidays, the FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection…
All About Advertising Law
Ready, Aim, Fire: FTC Scores Record-Breaking $520 Million Settlement with Fortnite Creator Epic Games
By Jay Prapaisilp, Leonard L. Gordon
This week the Federal Trade Commission unveiled hefty settlements with Epic Games Inc.—the creator of the video game Fortnite—to resolve separate actions alleging violations of Section 5 of the FTC…