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Dark Patterns

144 published works

  1. Inside Privacy

    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…

  2. 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

    By Barbara S. Mishkin

    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…

  3. Ad Law Access

    NAD Finds Dark Patterns in a Rewards Program

    By Gonzalo E. Mon

    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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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 Alunda Edmonds

    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…

  9. 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…

  10. 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…