Regulators have long targeted deceptive and misleading practices designed to manipulate consumers, including more recently “dark patterns.”  Dark patterns are misleading or otherwise  manipulative user experiences intended to influence a consumer’s behavior and prevent them from making fully informed choices. Dark patterns are not merely clever marketing gimmicks; rather,  they are designed to cause users to unwittingly act against their personal preferences, such as signing up for services they do not want, purchasing products they do not intend to purchase, sharing personal information. In this article, we review common dark patterns and how they are used in today’s digital world. We also analyze consumer protection and privacy regulatory developments targeting dark patterns and discuss best practices for digital service operators to help minimize regulatory sanctions, class actions and reputational damage arising from dark pattern practices.

By Kyle R. Dull & Julia B. Jacobson[1]

 

Dark patterns are misleading and manipulative design choices intended to influence a consumer’s behavior and prevent them from making fully informed decisions about their data and purchases. Dark patterns go beyond clever marketing gimmicks and instead cause users to unwittingly take action against their personal preferences, such as signing up for services they do not want, purchasing products they do not intend to purchase, or surrendering their personal in

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