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ARTICLE · 31 MAY 2021

FTC Workshop Signals Increased Regulatory Focus On Dark Patterns

Ballard Spahr LLP
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On April 29, 2021, the Federal Trade Commission (FTC) hosted a virtual workshop, entitled "Bringing Dark Patterns to Light," to examine "dark patterns." In her opening remarks..

United StatesConsumer Protection
Philip N. Yannella
Philip N. Yannella
Doris Yuen
Doris Yuen
Kim Phan
Kim Phan
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On April 29, 2021, the Federal Trade Commission (FTC) hosted a virtual workshop, entitled "Bringing Dark Patterns to Light," to examine "dark patterns." In her opening remarks, Acting FTC Chairwoman Rebecca Kelly Slaughter broadly described "dark patterns" as "user interface designs that manipulate users into taking unintended actions that may not be in their interests." Chairwoman Slaughter highlighted several examples of dark patterns, including confusing cancellation procedures that force users to navigate multiple screens, online applications that hide the material terms of a product or service through the use of inconspicuous drop down links and auto-scroll features, and the addition of products to users' shopping carts without their knowledge or consent.

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