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ARTICLE · 04 SEPTEMBER 2020

The "Roach Motel": An Inescapable Auto-Renew Plan

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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In his impassioned separate statement accompanying the FTC Stipulated Order in a recent case, Commissioner Chopra decried the use of "dark patterns" by bad actors...

United StatesConsumer Protection

In his impassioned separate statement accompanying the FTC Stipulated Order in a recent case, Commissioner Chopra decried the use of "dark patterns" by bad actors, that is, "design features used to deceive, steer, or manipulate users into behavior that is profitable for an online service, but often harmful to users or contrary to their intent." Designing a site that tricks consumers into signing up for a product they don't want, and making it almost impossible for them to stop paying, is such a dark pattern. Easy to get in, but almost impossible to escape: in Commissioner Chopra's words, a "roach motel."

According to Commissioner Chopra, the membership-based online learning tool for young kids, ABCMouse, operated by online children's education company, Age of Learning, Inc, was such a roach motel. And as a result, per a settlement with the FTC, the company will pay $10 million and will be required to significantly change its negative option marketing and billing

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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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