FTC Reports Rise In "Dark Pattern" Tactics In Consumer Markets

On September 15, the FTC released a report, Bringing Dark Patterns to Light, that shows an increase in the use of sophisticated "dark pattern" design practices by retailers intended to manipulate consumers into making decisions that benefit the retailers at the consumers' expense. The report examined the use of dark patterns across a variety of industries and contexts, including e-commerce, cookie consent banners, children's applications, and subscription sales. The report highlighted four common tactics:

• Disguising Ads: The report cited the following types of web content as deceptive:
  • Ads designed to look like independent, editorial content;
  • Comparison shopping sites claiming neutrality that ranked companies based on compensation they received;