Daniel Kaufman and Randy Shaheen Say FTC Dark Patterns Report Sheds Some Light

Legislative and regulatory efforts are underway around the world to rein in advertising practices known as dark patterns, but a clear definition of what dark patterns are is hard to come by.

In a workshop held April 2021, the Federal Trade Commission (FTC) sought to clarify the concept. But in an Oct. 5, 2022, article in Law360, Partners Daniel Kaufman and Randy Shaheen write that the "workshop embraced a broad definition of dark patterns, including virtually anything that manipulated or swayed consumer choice, but failed to provide guidance as to if and when such behavior becomes unlawful."

In the same article, "Marketing Takeaways From FTC Dark Patterns Report," Kaufman and Shaheen write that the FTC's recently released follow-up report doesn't provide much more clarity, although it does lay out four categories of common dark patterns. These include deception, disclosure, unauthorized charges and privacy.

Read the article.