Tech Stakeholders Alert: FTC Workshop on Dark Patterns

The Federal Trade Commission (FTC) announced an April 29, 2021 virtual workshop to examine digital “dark patterns,” a term that has been used to describe a range of potentially manipulative user interface designs used on websites and mobile apps.

“Bringing Dark Patterns to Light: An FTC Workshop” will explore the ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting, or impairing consumer autonomy, decision-making, or choice. For example, some sites sneak extra items into a consumer’s online shopping cart, or require users to navigate a maze of screens and confusing questions to avoid being charged for unwanted products or services.

Some of the topics the workshop will examine include:

• how dark patterns differ from sales tactics employed by brick-and-mortar stores;

• how they affect consumer behavior, including potential harms;

• whether some groups of consumers are unfairly targeted or are especially vulnerable;

• what laws, rules, and norms regulate the use of dark patterns; and

• whether additional rules, standards, or enforcement efforts are needed to protect consumers.

The FTC will be seeking public comment on the following topics with a deadline to submit comments by May 29, 2021. 

• Defining dark patterns

• Prevalence of dark patterns

• Factors affecting dark pattern adoption

• Dark patterns and machine learning

• Effectiveness of dark patterns

• Harms of dark patterns

• Consumer perception of dark patterns

• Market constraints and self-regulation

• Solutions

Dark pattern policy discussion has increased over the last few months. If you are a technology stakeholder, it is a discussion to take note of. 

Lanton Law is a national boutique law and lobbying firm that focuses on fintech, technology and healthcare. If you are an industry stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.