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TechREG CHRONICLE - May 2023 - Dark Patterns

TechREG Chronicle® – Dark Patterns

Dear Readers, The term “dark patterns,” though it may conjure up images of spycraft (or even black magic) refers to user interface (“UI”) design techniques...
1-DRAWING LINES AROUND DARK PATTERNS By Maneesha Mithal & Stacy Okoro

Drawing Lines Around Dark Patterns

The practice of nudging consumers toward particular choices is nothing new. We have all experienced the allure of picking up a sweet treat along...
2-LOOKING BEYOND THE PRIVACY POLICY: REGULATORY SCRUTINY OF DARK PATTERNS IN USER INTERFACES By Christine Chong & Christine Lyon

Looking Beyond the Privacy Policy: Regulatory Scrutiny of Dark Patterns in...

Privacy regulators are increasingly looking beyond a company’s privacy policy to scrutinize the user interface of its websites, apps, and other online services, and...
3-DARK PATTERNS – A EUROPEAN REGULATORY PERSPECTIVE By Katrina Anderson & Nick Johnson

Dark Patterns – A European Regulatory Perspective

Dark Patterns are deceptive and manipulative features of a user interface that push or nudge consumers into making certain choices that are not in...
4-DARK PATTERNS DEFINED: EXAMINING FTC ENFORCEMENT AND DEVELOPING BEST PRACTICES By Ryan C. Smith

Dark Patterns Defined: Examining FTC Enforcement and Developing Best Practices

The Federal Trade Commission is ramping up its enforcement of so-called dark patterns, with $350 million in settlements announced in late 2022. Many businesses...
5-DARK PATTERNS: PROTECTING CONSUMERS WITHOUT HINDERING INNOVATION By Victoria de Posson

Dark Patterns: Protecting Consumers Without Hindering Innovation

There is a widespread consensus that design practices involving psychological manipulation and deceit should be banned. However, when it comes to defining the concept...
6-DARK PATTERNS AND MANIPULATION By Marcela Mattiuzzo

Dark Patterns and Manipulation

The term “dark patterns” became popular and has gained much attention from both enforcers and academics. It connects strictly to behavioral studies and the...
7-UNCLOAKING DARK PATTERNS: IDENTIFYING, AVOIDING, AND MINIMIZING LEGAL RISK By Kyle R. Dull & Julia B. Jacobson

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

Regulators have long targeted deceptive and misleading practices designed to manipulate consumers, including more recently “dark patterns.”  Dark patterns are misleading or otherwise  manipulative...
8-TACKLING DARK PATTERNS: HOW TO REASONABLY PREVENT CONSUMER MANIPULATION AND COMPETITION DISTORTIONS? By Frédéric Marty & Jeanne Torregrossa

Tackling Dark Patterns: How to Reasonably Prevent Consumer Manipulation and Competition...

Deceptive and manipulative choice architectures have received significant coverage in the academic literature. These dark patterns can be nudges leading individuals to act against...
Dark Patterns as an Antitrust Violation

FTC Issues Illuminating Report On Digital Dark Patterns

By: Lesley Fair (Federal Trade Commission) It’s ironic that the only thing clear about digital dark patterns is the FTC’s commitment to protect consumers from...
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