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ARTICLE · 08 FEBRUARY 2023

CMA Enforcement Action On Dark Patterns

Herrington Carmichael LLP
Herrington Carmichael LLP
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Herrington Carmichael LLP

Herrington Carmichael LLP

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On 30 November 2022, the CMA announced the start of an investigation into whether the Emma Sleep Group's use of online urgency claims breaches consumer...

United KingdomMedia, Telecoms, IT, Entertainment
Brendon Lesar
Brendon Lesar
Mark Chapman
Mark Chapman
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On 30 November 2022, the CMA announced the start of an investigation into whether the Emma Sleep Group's use of online urgency claims breaches consumer protection law . The investigation marks the start of a new programme of enforcement work targeting the harmful use of online choice architecture, also known as dark patterns. The CMA notes that the ASA ruled against the Emma Sleep group on 16 March 2022 for misleading reference pricing and a misleading flash sale countdown clock.

What are dark patterns? How do you identify dark patterns? How are they regulated? How do you guard against dark patterns?

These are questions posed by companies advertising on digital platforms. Digital advertisers have to comply with numerous regulations, Advertising Codes and rules which are regulated by the Advertising Standards Authority, Committee of Advertising Practice and the Competition and Markets Authority ("CMA").

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