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ARTICLE · 26 FEBRUARY 2021

FTC Announces "Dark Patterns" Workshop

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The Federal Trade Commission announced that it will hold a virtual workshop on April 29, 2021 to examine digital "dark patterns," which the FTC described as...

United StatesConsumer Protection

The Federal Trade Commission announced that it will hold a virtual workshop on April 29, 2021 to examine digital "dark patterns," which the FTC described as, "a range of potentially manipulative user interface designs used on websites and mobile apps."  

The FTC explained that the workshop, "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.  The FTC explained that this could include situations where some websites 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. 

Some of the topics that will be explored at the workshop will be: 

  • 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 is currently developing the workshop and is looking for suggestions for topics and speakers.  If you're interested, you should e-mail the workshop organizers at [email protected] no later than March 15, 2021.  The FTC said that it will also be posting a specific request for comments.  

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This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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