FTC Shines A Little Light On Digital Dark Patterns In Recent Staff Report

On September 15, 2022, the Federal Trade Commission (FTC or the Commission) held an Open Commission meeting (the Meeting) to present its findings on digital Dark Patterns.¹ "Dark Patterns" are "deceptive design practices that trick or manipulate" consumers into making choices, such as buying goods or services or giving up their privacy, and which cause consumer harm.² The FTC's findings flow from a public workshop on digital dark patterns hosted in April 2021, to which the FTC invited researchers, legal experts, consumer advocates, and industry professionals to analyze potentially manipulative design techniques and, in particular, how they affect consumers. During the Meeting, Chair Lina Khan emphasized that use of Dark Patterns is an evolving business practice that implicates many FTC enforcement priorities, particularly in consumer protection. The FTC provided examples of prior enforcement involving digital Dark Patterns, including actions against Credit Karma,